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Subchapter 1 - General Provisions
§ 28-65-101. Definitions - As used in this chapter: (1) “Essential requirements for health...
§ 28-65-102. Relationship of chapter to Uniform Veterans' Guardianship Act - (a) The provisions of this chapter shall: (1) Extend to...
§ 28-65-103. Applicability of other acts - (a) The provisions of §§ 28-1-101 — 28-1-104, 28-1-106, 28-1-108...
§ 28-65-104. Incapacitated persons - For purposes of this chapter, the following persons are incapacitated...
§ 28-65-105. Purpose of guardianship - Guardianship for an incapacitated person shall be: (1) Used only...
§ 28-65-106. Rights of incapacitated persons - (a) A ward is not presumed to be incompetent and...
§ 28-65-107. Jurisdiction of courts - (a) The jurisdiction of the circuit court over all matters...
§ 28-65-108. Compensation of guardian - (a) A guardian shall be allowed such compensation for his...
§ 28-65-109. Actions by ward against guardian - An action by a ward against his or her guardian...
§ 28-65-110. Rights of relatives - (a) (1) If a relative has reason to believe coupled...
Subchapter 2 - Appointment
§ 28-65-201. For whom guardian may be appointed - (a) A guardian of the estate may be appointed for...
§ 28-65-202. Venue - (a) The venue for the appointment of a guardian shall...
§ 28-65-203. Qualifications of guardian - (a) (1) A natural person is qualified to be appointed...
§ 28-65-204. Preferences - (a) The parents of an unmarried minor, or either of...
§ 28-65-205. Petition - (a) Any person may file a petition for the appointment...
§ 28-65-206. Single guardianship for two or more incapacitated persons - When an application is made for the appointment of a...
§ 28-65-207. Notice of hearing for appointment - (a) Notice of the hearing for the appointment of a...
§ 28-65-208. Notice of other hearings - Whenever notice of a hearing in a guardianship proceeding is...
§ 28-65-209. Request for special notice of hearings - (a) (1) At any time after the issuance of letters...
§ 28-65-210. Proof required for appointment of guardian - Before appointing a guardian, the court must be satisfied that:...
§ 28-65-211. Determination of incapacity — Evidence required - (a) The fact of minority, disappearance, or detention, or confinement...
§ 28-65-212. Evaluations - (a) (1) A professional evaluation shall be performed prior to...
§ 28-65-213. Hearing — Effect of determinations - (a) At the hearing, the respondent shall have the right...
§ 28-65-214. Guardianship order - (a) A court order establishing a guardianship shall contain findings...
§ 28-65-215. Bond of guardian - (a) If the guardianship is to be of the person...
§ 28-65-216. Issuance of letters - (a) When a guardian has given such bond as may...
§ 28-65-217. Form of letters - (a) Letters of guardianship shall be in substantially the following...
§ 28-65-218. Temporary guardian - (a) (1) Except as provided under subdivision (a)(2) of this...
§ 28-65-219. Substitution — Removal - (a) When a minor ward has attained fourteen (14) years...
§ 28-65-220. Successor guardian - When a guardian dies, is removed by order of the...
§ 28-65-221. Standby guardians - (a) Without surrendering parental rights, any parent who is chronically...
Subchapter 3 - Powers and Duties
§ 28-65-301. Duties of guardians generally - (a) (1) It shall be the duty of the guardian...
§ 28-65-302. Decisions requiring court approval - (a) (1) No guardian appointed prior to October 1, 2001,...
§ 28-65-303. Care, treatment, and confinement of ward - (a) (1) If the ward is incapacitated for reasons other...
§ 28-65-304. Title and possession of estate - The guardian of the estate shall take possession of all...
§ 28-65-305. Actions — Service of process - (a) When there is a guardian of the estate, all...
§ 28-65-306. Enforcement of contracts - (a) When, prior to his or her incapacity, an incapacitated...
§ 28-65-307. Continuation of business — Liability - (a) If, at the time of the appointment of a...
§ 28-65-308. Power to borrow money, make gifts, etc - (a) Upon a showing that the action would be advantageous...
§ 28-65-309. Periodic allowances - (a) The guardian of the estate, or any person, department,...
§ 28-65-310. Support of minor ward - (a) The support of their unmarried minor children is chargeable...
§ 28-65-311. Investments - (a) The guardian of the estate may, and when ordered...
§ 28-65-312. Retention of property and investment - (a) If it is in the best interest of the...
§ 28-65-313. Purchase of home - (a) The court may authorize the purchase of real property...
§ 28-65-314. Sales, mortgages, etc., of property generally - (a) (1) The real or personal property of the ward...
§ 28-65-315. Oil, gas, and mineral interests — Sale, lease, etc - (a) (1) The guardian of the estate of an incompetent...
§ 28-65-316. Oil, gas, and mineral interests — Agreements for operation and development - Upon petition of the guardian of the estate and after...
§ 28-65-317. Payment of claims - (a) (1) A guardian of the estate is under a...
§ 28-65-318. Compromise settlements - (a) On petition of the guardian of the estate, the...
§ 28-65-319. Employment of professionals - (a) (1) The guardian may employ legal counsel in connection...
§ 28-65-320. Accounting - (a) Unless otherwise directed by the court, a guardian of...
§ 28-65-321. Inventory — Appraisement - (a) The guardian of the estate shall file an inventory...
§ 28-65-322. Reports - All guardians shall file an annual report with the court....
§ 28-65-323. Administration of deceased ward's estate - (a) Upon the death of a ward, the guardian of...
Subchapter 4 - Termination of Guardianship
§ 28-65-401. Termination generally - (a) A guardianship is terminated: (1) If the guardianship was...
§ 28-65-402. Restoration of capacity of ward - (a) If any person alleges in writing, verified by oath,...
§ 28-65-403. Discharge of guardian and surety - (a) Upon the guardian of an estate's filing receipts or...
Subchapter 5 - Dispensing with Guardianship
§ 28-65-501. Dispensing with guardianship generally - (a) The parents of a minor, jointly with equal authority...
§ 28-65-502. Dispensing with guardianship in small estate - When the whole estate of a minor or an incompetent...
§ 28-65-503. Ward receiving public assistance - (a) The circuit court in its discretion, without the appointment...
Subchapter 6 - Foreign Guardians
§ 28-65-601. Petition to act in Arkansas - (a) If an incompetent person who is a resident of...
§ 28-65-602. Grant or denial of petition to act in Arkansas — Effect - (a) Upon being satisfied that the foreign guardian is duly...
§ 28-65-603. Corporate guardians - If the foreign guardian is a corporation, it need not...
§ 28-65-604. Applicability - This subchapter does not apply to foreign guardianships under the...
Subchapter 7 - Public Guardian for Adults
§ 28-65-701. Office of Public Guardian for Adults — Creation - (a) The Office of Public Guardian for Adults is created....
§ 28-65-702. Public Guardian for Adults — Appointment — Qualifications - (a) (1) The Office of Chief Counsel of the Department...
§ 28-65-703. Public Guardian for Adults — Duties - (a) The Public Guardian for Adults: (1) Shall administer and...
§ 28-65-704. Correspondence and legal process - All correspondence and legal process regarding a public guardianship under...
§ 28-65-705. No bond, fee, or copy charge required - (a) Bond shall not be required in connection with public...
§ 28-65-706. Termination of guardianships - (a) The court having jurisdiction of the ward may terminate...
§ 28-65-707. Department of Human Services — Adoption of rules - The Department of Human Services may adopt rules necessary to...