Ark. Code Ann. » Title 28 Chapter 65
Arkansas Code Annotated

Ark. Code Ann. § 28-65-501 (2020)

Dispensing with guardianship generally

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  1. The parents of a minor, jointly with equal authority if they are husband and wife living together, or the survivor if one (1) parent is dead, or the competent parent if one (1) is incompetent, or the other parent if one (1) parent is imprisoned for a felony, or the parent to whom the custody of the child has been awarded by a court of competent jurisdiction if the parents are divorced or living apart, or the natural mother of an illegitimate child, shall be the natural guardian of the person of each unmarried minor child of the parents and shall have the care and management of the estate of each such minor derived by gift from the parents or either of them, without the necessity of judicial appointment.
  2. However, upon a showing of a necessity therefor to protect the interests of the minor, the court may appoint a statutory guardian of the estate of the minor, and when appointed and qualified, the statutory guardian shall have exclusive control over the estate of the minor.
  3. The court may appoint the natural guardian as guardian of the estate of the minor.

History. Acts 1985, No. 940; § 50; A.S.A. 1947, § 57-869.

Case Notes

Duties of Guardian.

Where minor daughter had an insurable interest in an automobile, guardian's legal obligation to exercise prudence and due care in managing the estate of the minor gave the guardian an insurable interest in the automobile on behalf of the minor. Beatty v. USAA Cas. Ins. Co., 330 Ark. 354, 954 S.W.2d 250 (1997).

Effect of Divorce.

Where a wife, upon divorce, obtained sole custody of an infant son of the parties, she became the sole natural guardian of the son and there was no fiduciary relationship between the husband and the son which would require him to account to the son for the proceeds of a fire insurance policy on a residence held by him in life tenancy with remainder to the son, the insurance having been purchased by the father in his own name and paid for by him. Barner v. Barner, 241 Ark. 370, 407 S.W.2d 747 (1966) (decision under prior law).

Notes of Decisions
Cited in 1 case, 1997–1997 · leading case: Beatty v. USAA Cas. Ins., 954 S.W.2d 250 (Ark. 1997).
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Beatty v. USAA Cas. Ins., 954 S.W.2d 250 (Ark. 1997). · cites it 2× “As the natural guardian of Kristi Beatty, Barbara Beatty is required by Ark. Code Ann. § 28-65-501 (Supp. 1995) to “have the care and management of the estate” of her daughter.”
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