reglab/housing_qa huggingface dataset:
AR Code § 28-65-209 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-209. Request for special notice of hearings

 (a)  (1) At any time after the issuance of letters of guardianship, any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward's estate; or any department, bureau, agency, or political subdivision of the United States or of this state, or any charitable organization, which may be charged with the supervision, control, or custody of the incapacitated person; or an interested person may serve, in person or by attorney, upon the guardian or upon his or her attorney and file with the clerk of the court where the proceedings are pending, with a written admission or proof of service, a written request stating that he or she desires written notice of all hearings on petitions for:  (A) The settlements of accounts;  (B) The sale, mortgage, lease, or exchange of any property of the estate;  (C) An allowance of any nature payable from the ward's estate;  (D) The investment of funds of the estate;  (E) The removal, suspension, or discharge of the guardian or final termination of the guardianship; and  (F) Any other matter affecting the welfare or care of the incapacitated person and his or her property.    (2) The applicant for such a notice must include in his or her written request his or her post office address or that of his or her attorney.    (b) Unless the court otherwise directs, upon filing the request, the person shall be entitled to notice of all such hearings or of such of them as he or she designates in his or her request.
AR Code § 28-65-210 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-210. Proof required for appointment of guardian

 Before appointing a guardian, the court must be satisfied that:   (1) The person for whom a guardian is prayed is either a minor or otherwise incapacitated;  (2) A guardianship is desirable to protect the interests of the incapacitated person; and  (3) The person to be appointed guardian is qualified and suitable to act as such.
AR Code § 28-65-211 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-211. Determination of incapacity — Evidence required

 (a) The fact of minority, disappearance, or detention, or confinement by a foreign power shall be established by satisfactory evidence.  (b)  (1) In determining the incapacity of a person for whom a guardian is sought to be appointed for cause other than minority, disappearance, or detention, or confinement by a foreign power, the court shall require that the evidence of incapacity include the oral testimony or sworn written statement of one (1) or more qualified professionals, whose qualifications shall be set forth in their testimony or written statements.  (2) If the alleged incapacitated person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or in a hospital or penal institution, one (1) of the professionals shall be a member of the medical staff of that hospital or institution.  (3) The court, in its discretion, may require the presence before it of the person of the alleged incapacitated person.  (4) The court shall fix the fees to be paid to such examiners, which shall be charged as part of the costs of the proceeding.    (c) The costs of the proceeding shall be paid by the petitioner, who shall be reimbursed therefor out of the estate of the incapacitated person, if a guardian is appointed.
AR Code § 28-65-212 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-212. Evaluations

 (a)  (1) A professional evaluation shall be performed prior to the court hearing on any petition for guardianship except when appointment is being made because of minority, disappearance, detention, or confinement by a foreign power or pursuant to § 28-65-218.  (2) The evaluation shall be performed by a professional or professionals with expertise appropriate for the respondent's alleged incapacity.    (b) The evaluation shall include the following:  (1) The respondent's medical and physical condition;  (2) His or her adaptive behavior;  (3) His or her intellectual functioning; and  (4) Recommendation as to the specific areas for which assistance is needed and the least restrictive alternatives available.    (c)  (1) If no professional evaluations performed within the last six (6) months are available, the court will order an independent evaluation.  (2) If the petition is granted, the cost of the independent evaluation will be borne by the estate of the incapacitated person. In the event the petition is denied, the costs will be borne by the petitioner.    (d)  (1) The Department of Human Services shall not be ordered by any court, except the juvenile division of the circuit court, to gather records, investigate the respondent's condition, or help arrange for appropriate professional evaluations, unless the court has first determined all parties to the proceeding to be indigent and assistance provided by the department is limited to actions within the State of Arkansas.  (2) The department shall issue rules to implement this provision.    (e) Any existing evaluations made by the department of which the court has notice must be considered by the court.
AR Code § 28-65-213 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-213. Hearing — Effect of determinations

 (a) At the hearing, the respondent shall have the right to:  (1) Be represented by counsel;  (2) Present evidence on his or her own behalf;  (3) Cross-examine adverse witnesses;  (4) Remain silent;  (5) Be present; and  (6) Require the attendance by subpoena of one (1) or more of the professionals who prepared the evaluation.    (b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of a proper disposition.  (c)  (1) If the respondent is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the respondent.  (2) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent, the court may dismiss the action.  (3) If it is found that the respondent is substantially without capacity to care for himself or herself or his or her estate, a guardian for the person or estate, or both shall be appointed.
AR Code § 28-65-214 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-214. Guardianship order

 (a) A court order establishing a guardianship shall contain findings of fact that the respondent is an incapacitated person and is in need of a guardian for the person or estate, or both. The order may limit the power and duties of the guardian and may define the legal and civil rights retained by the incapacitated person.  (b) If satisfied that a guardian should be appointed, the court shall appoint one (1) or two (2) general or limited guardians of the person or estate, or both, but not more than one (1) guardian of the person shall be appointed unless they are husband and wife.  (c) The order shall specify the nature of the guardianship and the amount of the bond to be given.  (d) If the court determines the guardians should be limited, the order shall set forth the specific powers, authorities, and duties the guardian shall possess, which may be stated in terms of powers or rights the incapacitated person may exercise without intervention of the guardian.  (e) In defining the powers and duties of the guardian, the court shall consider the right of the incapacitated person to rely upon nonmedical remedial treatment in accordance with a recognized religious method of healing in lieu of medical care.  (f) In cases involving minor children, the order may make provisions for visitation and child support as in other cases involving child custody.
AR Code § 28-65-215 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-215. Bond of guardian

 (a) If the guardianship is to be of the person only, the amount of the bond shall not exceed one thousand dollars ($1,000), or the court may dispense with the bond.  (b) At every accounting, the court shall inquire into the sufficiency of the bond and of the sureties, and, if either or both are found insufficient, the guardian shall be ordered to file a new or additional bond.  (c) If, by the terms of a will, the testator expresses the wish that no bond be required of the person whom he or she requests to be appointed guardian, that person may be relieved of giving a bond with respect to property given by the will to the incapacitated person.  (d) Section 28-48-201 et seq. with respect to the bonds of personal representatives shall be applicable to the bonds of guardians, except that in fixing the amount of the guardian's bond, the value of the real property, as distinguished from the income arising therefrom, unless it is sold, shall not be taken into consideration and shall not constitute property which may reasonably be expected to pass through the hands of the guardian.  (e) Further, when the ward's estate is all in cash, the court may dispense with the bond if the guardian deposits the entire estate on interest in a bank in Arkansas insured by the Federal Deposit Insurance Corporation or in a savings and loan association in Arkansas insured by the Federal Savings and Loan Insurance Corporation or in a credit union in Arkansas insured by the National Credit Union Administration and the value of the estate is not greater than the amount of the maximum insurance provided by law for a single depositor, and the bank or savings and loan association shall file with the probate clerk of the circuit court an agreement not to permit any withdrawal from the deposit except on authority of a circuit court order.
AR Code § 28-65-216 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-216. Issuance of letters

 (a) When a guardian has given such bond as may be required and the bond has been approved, as provided by § 28-48-205, or if no bond is required and the guardian has filed his or her written acceptance of his or her appointment, letters of guardianship under the seal of the court shall be issued to him or her.  (b) The letters, when so issued, until revoked or cancelled by the court, shall protect persons who, in good faith, act in reliance thereon.
AR Code § 28-65-217 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-217. Form of letters

 (a) Letters of guardianship shall be in substantially the following form:  (b) If the powers, authorities, or duties of the guardian are limited, the letters shall state that fact, clearly and in bold print, by including the word “limited” in the title and by inserting the word “limited” between the words “duly” and “appointed” in the body of the letters.    In the Circuit Court of County, Arkansas. In the Matter of CD, an Incapacitated Person (a Minor) No. LETTERS OF GUARDIANSHIP Be it known that AB, whose address is , having been duly appointed guardian of the person and estate (person/estate) of CD, an incapacitated person (a minor) and having qualified as such guardian, is hereby authorized to have the care and custody of and to exercise control over the person and to take possession of and administer the property (have the care and custody of and to exercise control over the person) (to take possession of and administer the property) of said incapacitated person (minor), as authorized by law. Dated this day of , 20 . Probate Clerk of the Circuit Court of County, Arkansas. (SEAL)   Click to view form.
AR Code § 28-65-219 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-219. Substitution — Removal

 (a) When a minor ward has attained fourteen (14) years of age, his or her guardian may be removed on petition of the ward to have another person appointed guardian if the court is satisfied that the person chosen is suitable, qualified, and competent and that it is for the best interest of the ward that such a person be appointed.  (b) A guardian may also be removed on the same grounds and in the same manner as provided in § 28-48-105 for the removal of a personal representative.
AR Code § 28-65-220 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-220. Successor guardian

 When a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court may appoint another guardian in his or her place in the same manner and subject to the same requirements as are provided in this chapter for an original appointment of a guardian.
AR Code § 28-65-221 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-221. Standby guardians

 (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.
AR Code § 28-65-301 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 3 - Powers and Duties|§ 28-65-301. Duties of guardians generally

 (a)  (1) It shall be the duty of the guardian of the person, consistent with and out of the resources of the ward's estate, to care for and maintain the ward and, if he or she is a minor, to see that he or she is protected, properly trained and educated, and that he or she has the opportunity to learn a trade, occupation, or profession.  (2) The guardian of the person may be required to report the condition of his or her ward to the court, at regular intervals or otherwise, as the court may direct.  (3) The guardian of the person shall be entitled to the custody of the ward but shall not have the power to bind the ward or his or her property.    (b)  (1) It shall be the duty of the guardian of the estate:  (A) To exercise due care to protect and preserve it;  (B) To invest it and apply it as provided in this chapter;  (C) To account for it faithfully;  (D) To perform all other duties required of him or her by law; and  (E) At the termination of the guardianship, to deliver the assets of the ward to the persons entitled to them.    (2) To the extent applicable, the law of trusts shall apply to the duties and liabilities of a guardian of the estate.
AR Code § 28-65-302 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 3 - Powers and Duties|§ 28-65-302. Decisions requiring court approval

 (a)  (1) No guardian appointed prior to October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval:  (A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;  (B) Consent to withholding life-saving treatment;  (C) Authorize experimental medical procedures;  (D) Authorize termination of parental rights;  (E) Prohibit the incapacitated person from voting;  (F) Prohibit the incapacitated person from obtaining a driver's license; or  (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.    (2) No guardian appointed on or after October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval:  (A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;  (B) Consent to withholding life-saving treatment;  (C) Authorize experimental medical procedures;  (D) Authorize termination of parental rights;  (E) Authorize an incapacitated person to vote;  (F) Prohibit the incapacitated person from obtaining a driver's license; or  (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.      (b) However, the provisions of subdivision (a)(2) of this section shall not apply to written requests under § 20-17-214.
AR Code § 28-65-303 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 3 - Powers and Duties|§ 28-65-303. Care, treatment, and confinement of ward

 (a)  (1) If the ward is incapacitated for reasons other than minority and has not been committed to the state hospital as otherwise provided by law, the court, upon petition of the guardian of the person or other interested person and after such notice as the court shall direct, including notice to the guardian of the person if he or she is not the petitioner, may authorize or direct the guardian of the person to take appropriate action for the commitment of the ward to the state hospital or, while retaining control over and responsibility for the care of the person of the ward, to place the ward in some other suitable institution for treatment, care, or safekeeping.  (2) Upon petition of the guardian or other interested person, after a hearing of which the guardian of the person and such other persons as the court may direct shall have notice, the court, for good cause shown, may modify, amend, or revoke such an order.    (b) If the condition of the ward is such as to endanger the person or property of himself or herself or others, the guardian, in an emergency, may temporarily confine the ward in some suitable place or may deliver him or her into the custody of the sheriff for safekeeping in the county jail until such time as the court may hear and act upon a petition, which shall be promptly filed by the guardian, with reference to the commitment of the ward to the state hospital or for other appropriate provision for his or her treatment, care, or safekeeping.
AR Code § 28-65-304 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 3 - Powers and Duties|§ 28-65-304. Title and possession of estate

 The guardian of the estate shall take possession of all of the ward's real and personal property, and of rents, income, issue, and of the proceeds arising from the sale, mortgage, lease, or exchange thereof. Subject to the possession, the title to all the estate and to the increment and proceeds of the estate shall be in the ward and not in the guardian.
AR Code § 28-65-305 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 3 - Powers and Duties|§ 28-65-305. Actions — Service of process

 (a) When there is a guardian of the estate, all actions between the ward or the guardian and third persons in which it is sought to charge or to benefit the estate of the ward shall be prosecuted by or against the guardian of the estate as guardian, and the guardian shall represent the interests of the ward in the action.  (b) In every case, process shall be served upon the guardian of the estate and in addition upon such other persons as by law required.
AR Code § 28-65-306 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 3 - Powers and Duties|§ 28-65-306. Enforcement of contracts

 (a) When, prior to his or her incapacity, an incapacitated person has entered into a valid contract for the purchase or sale of any interest in real or personal property, including the sale or relinquishment of a dower or homestead interest, and the contract has not been performed prior to the inception of incapacitation, the court, upon petition of the guardian, the seller or purchaser, or other interested person, if it finds that performance of the contract would have been required on the part of the incapacitated person if the incapacitation had not intervened, may authorize the guardian to complete the performance of the contract and to execute or join in the execution of the deed of conveyance, bill of sale, or other appropriate instrument in the name and in behalf of the incapacitated person pursuant to the terms of the original contract.  (b) The conveyance, bill of sale, or other instrument shall have the same effect with respect to the estate, title, or interest of the incapacitated person as if executed by him or her personally while incapacitated.
AR Code § 28-65-307 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 3 - Powers and Duties|§ 28-65-307. Continuation of business — Liability

 (a) If, at the time of the appointment of a guardian of the estate, the ward owns a business or an interest in a business, the court, by appropriate order, may authorize the guardian to continue the conduct of or participation in such a business in behalf of the ward for such periods of time and subject to such safeguards as the court may find to be for the best interest of the ward.  (b) The ward's estate, but not the guardian personally, shall be liable for damages resulting from torts or other acts committed by agents and employees of the guardian in the course of their employment in the conduct of the business.  (c) It is specifically recognized that the operation of any business undertaking involves hazards, chance, and danger of loss. In recognition of this fact, it is declared to be the legislative intent that no guardian shall be held personally liable for loss resulting from mere lack of familiarity with the business operations, mistakes of judgment made in good faith, or like causes.