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Can an 18 year old take custody of a 15 sibling if both parents die under Arkansas law?

No, an 18-year-old cannot legally take custody of a 15-year-old sibling in Arkansas simply because they are older. While an 18-year-old is considered an adult, they lack the legal capacity and resources typically required to be appointed a guardian. The court will prioritize the 15-year-old's best interests, and that usually involves appointing a suitable adult guardian or placing the child in foster care.

The process would involve a probate court determining guardianship. The court will look for a suitable adult relative who can provide a stable and nurturing environment. If no suitable relative is found, the court will likely place the 15-year-old in the care of the Arkansas Department of Human Services (DHS) which will then work to find a suitable foster home or other placement. The 18-year-old could *petition* the court to be appointed guardian, but the court would need to be convinced that they are capable of providing proper care, financially stable, and meet all other legal requirements for guardianship. This is highly unlikely to succeed given the significant age difference and the legal responsibilities involved.

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