(a) Without surrendering parental rights, any parent who is chronically ill or near death may have a standby guardian appointed by the court for the parent's minor children using the same procedures outlined in this subchapter to establish a guardianship. The standby guardian's authority would take effect as outlined in an order of standby guardianship, upon:
(1) The death of the parent;
(2) The mental incapacity of the parent; or
(3) The physical debilitation and consent of the parent.
(b)
(1) The standby guardian shall immediately notify the court upon the death, incapacity, or debilitation of the parent and shall immediately assume the role of guardian of the minor children.
(2) The court shall enter an order of guardianship in conformance with this section.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 65 - Guardians Generally
§ 28-65-201. For whom guardian may be appointed
§ 28-65-203. Qualifications of guardian
§ 28-65-206. Single guardianship for two or more incapacitated persons
§ 28-65-207. Notice of hearing for appointment
§ 28-65-208. Notice of other hearings
§ 28-65-209. Request for special notice of hearings
§ 28-65-210. Proof required for appointment of guardian
§ 28-65-211. Determination of incapacity — Evidence required
§ 28-65-213. Hearing — Effect of determinations
§ 28-65-214. Guardianship order
§ 28-65-216. Issuance of letters
§ 28-65-218. Temporary guardian
§ 28-65-219. Substitution — Removal