reglab/housing_qa huggingface dataset:
AR Code § 28-53-118 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-118. Discharge of personal representative

 (a)  (1) Upon the filing of evidence satisfactory to the court that distribution has been made as directed in the order of final distribution, the court shall enter an order discharging the personal representative and his or her surety from further liability or accountability with respect to the administration.  (2) Evidence satisfactory to the court may consist of:  (A) Receipts, unless other written evidence of distribution exists, such as cancelled checks; or  (B) In the case of property under title, a copy of the document transferring title to the distributee.      (b) The order, or an order of discharge entered under § 28-53-104, shall be final, except that upon a petition's being filed within three (3) years of the entry thereof, the order may be set aside for fraud in the settlement of the account of the personal representative.
AR Code § 28-53-119 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-119. Reopening administration

 (a)  (1) If, after an estate has been settled and the personal representative discharged, other property of the estate is discovered, or if it appears that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the court, upon the petition of any person interested in the estate and without notice or upon such notice as it may direct, may order that the estate be reopened.  (2) It may reappoint the personal representative or appoint another personal representative to administer such property or perform such act as may be deemed necessary.    (b) Unless the court shall otherwise order, the provisions of the Probate Code as to an original administration shall apply to the proceedings had in the reopened administration so far as may be appropriate. However, no claim which is already barred can be asserted in the reopened administration.
AR Code § 28-53-201 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 2 - Transfers to Surviving Spouses|§ 28-53-201. Prior law and distributions unaffected

 This subchapter shall not be deemed to create any implication of change in existing law or invalidate any distribution in kind made prior to March 6, 1967, with respect to which values other than those specified in this subchapter were used.
AR Code § 28-53-202 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 2 - Transfers to Surviving Spouses|§ 28-53-202. Applicability of subchapter

 This subchapter shall be effective with respect to all wills and revocable inter vivos trusts executed or created before or after March 6, 1967, by persons dying on or after March 6, 1967, and to irrevocable inter vivos trusts created on or after March 6, 1967.
AR Code § 28-53-203 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 2 - Transfers to Surviving Spouses|§ 28-53-203. Allocation of assets with value equivalent to federal estate tax value

 Whenever under any last will and testament or trust instrument of a decedent who is survived by a spouse, the executor, trustee, or other fiduciary is authorized to or required by the terms of such an instrument to satisfy a pecuniary bequest, including a pecuniary bequest in trust or transfer in trust of a pecuniary amount to or for the benefit of any beneficiary, by transferring or allocating assets in kind at their federal estate tax values or at any value other than the fair market value of the assets at the date of their distribution or allocation, then the fiduciary shall satisfy the pecuniary bequest or transfer in trust by the distribution or allocation of assets, including cash, having an aggregate fair market value on the date or dates of distribution or allocation equal to the amount of the pecuniary bequest or transfer in trust as finally determined for federal estate tax purposes, unless the will or governing instrument provides otherwise.
AR Code § 28-53-204 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 2 - Transfers to Surviving Spouses|§ 28-53-204. Assets distributed to be representative of appreciation or depreciation of all assets

 A provision in a last will and testament or trust instrument that an executor or fiduciary authorized or required by its terms to satisfy a pecuniary bequest or transfer in trust with assets in kind at their federal estate tax values or at any values other than fair market values at date of distribution or allocation shall act fairly or equitably or not arbitrarily in satisfying the bequest or transfer, shall be deemed, in the absence of clear provisions to the contrary, to be a direction to distribute or allocate assets, including cash, fairly representative, on the date of distribution or allocation, of the appreciation or depreciation in the value of all property available for distribution or allocation.
AR Code § 28-53-205 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 2 - Transfers to Surviving Spouses|§ 28-53-205. Alternative valuations

 (a) Whenever there is a provision in the will or governing instrument that an executor or fiduciary who is authorized or required by its terms to satisfy a pecuniary bequest or transfer in trust, with assets in kind at their federal estate tax values or at any value other than fair market values at date or dates of distribution or allocation, is authorized or required, in satisfying the bequest or transfer, to either:  (1) Distribute or allocate assets, including cash, having an aggregate fair market value on the date or dates of distribution or allocation equal to or at least equal to the amount of the pecuniary bequest or transfer in trust as finally determined for federal estate tax purposes; or  (2) Distribute or allocate assets, including cash, fairly representative, on the date or dates of distribution or allocation, of the appreciation or depreciation in the value of all properties available for distribution or allocation.    (b) The executor or fiduciary, nevertheless, must distribute or allocate assets, including cash, having an aggregate fair market value on the date or dates of distribution or allocation equal to the amount of the pecuniary bequest or transfer in trust as finally determined for federal estate tax purposes.
AR Code § 28-65-101 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 1 - General Provisions|§ 28-65-101. Definitions

 As used in this chapter:   (1) “Essential requirements for health or safety” means the health care, food, shelter, clothing, and protection without which serious illness or serious physical injury will occur;  (2) “Evaluation” means a professional assessment of the abilities of the respondent and the impact of any impairments on the individual's capability to meet the essential requirements for his or her health or safety or to manage his or her estate;  (3) “Guardian” means one appointed by a court to have the care and custody of the person or of the estate, or of both, of an incapacitated person;  (4) “Guardian ad litem” means one appointed by a court in which a particular proceeding is pending to represent a ward or an unborn person in that proceeding;  (5)  (A) “Incapacitated person” means a person who is impaired by reason of a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate.  (B) “Incapacitated person” includes an endangered adult or impaired adult as defined in § 9-20-103, who is in the custody of the Department of Human Services.  (C) Nothing in this chapter shall be construed to mean a person is incapacitated for the sole reason he or she relies consistently on treatment by spiritual means through prayer alone for healing in accordance with his or her religious tradition and is being furnished such treatment;    (6) “Least restrictive alternative” means the form of assistance that least interferes with the legal capacity of the respondent to act in his or her own behalf;  (7) “Limited guardian” means one whose powers and authority have been limited to the specific powers, authorities, and duties set forth in the order of appointment;  (8) “Professional” means a physician, licensed psychologist, or licensed certified social worker with training, experience, and knowledge of the particular alleged disability of the respondent;  (9) “Relative” means the spouse, child, grandchild, parent, grandparent, or sibling of a ward;  (10) “Temporary guardian” means a guardian appointed pursuant to § 28-65-218; and  (11) “Ward” means an incapacitated person for whom a guardian has been appointed.
AR Code § 28-65-102 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 1 - General Provisions|§ 28-65-102. Relationship of chapter to Uniform Veterans' Guardianship Act

 (a) The provisions of this chapter shall:  (1) Extend to the persons specifically provided for under the terms of the Uniform Veterans' Guardianship Act, § 28-66-101 et seq; and  (2) Be cumulative to the Uniform Veterans' Guardianship Act, § 28-66-101 et seq.    (b) However, all conflicts arising between the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., and this chapter shall be resolved by giving effect to the law as stated in the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., in cases to which the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., applies and then only as applicable to assets derived through the Veterans' Administration.
AR Code § 28-65-104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 1 - General Provisions|§ 28-65-104. Incapacitated persons

 For purposes of this chapter, the following persons are incapacitated persons:   (1) Persons under age eighteen (18) whose disabilities have not been removed;  (2) Persons who are detained or confined by a foreign power or who have disappeared; and  (3) Persons under age twenty-one (21) who:  (A) Have reached eighteen (18) years of age;  (B) Have a current guardianship established based solely on the minority age of the person;  (C) Agree to allow the current guardianship to continue up to twenty-one (21) years of age; and  (D) Receive a guardianship subsidy paid for or approved by the Department of Human Services.
AR Code § 28-65-105 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 1 - General Provisions|§ 28-65-105. Purpose of guardianship

 Guardianship for an incapacitated person shall be:   (1) Used only as is necessary to promote and protect the well-being of the person and his or her property;  (2) Designed to encourage the development of maximum self-reliance and independence of the person; and  (3) Ordered only to the extent necessitated by the person's actual mental, physical, and adoptive limitations.
AR Code § 28-65-106 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 1 - General Provisions|§ 28-65-106. Rights of incapacitated persons

 (a) A ward is not presumed to be incompetent and retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted by order to the guardian by the court.  (b)  (1) A ward retains the right to communicate, visit, or interact with any person of the ward's choice.  (2) If a ward is unable to give express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the consent of the ward may be presumed by a guardian or a court based on the ward's prior relationship with the person seeking communication, visitation, or interaction with the ward.
AR Code § 28-65-107 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 1 - General Provisions|§ 28-65-107. Jurisdiction of courts

 (a) The jurisdiction of the circuit court over all matters of guardianship, other than guardianships ad litem in other courts, shall be exclusive, subject to the right of appeal.  (b) The provisions of this chapter shall not affect the jurisdiction of any court authorized to remove disabilities of minority.  (c)  (1) If a juvenile is the subject matter of an open case filed under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the guardianship petition shall be filed in that case if the juvenile resides in Arkansas.  (2) If the juvenile resides out of state through the Interstate Compact on the Placement of Children, § 9-29-201 et seq., the guardianship petition may be filed in Arkansas or it may be filed in the state in which the juvenile resides, subject to approval by the receiving state.  (3) The Department of Human Services may intervene as a matter of right in a guardianship action at any time before the entry of a permanent guardianship order if:  (A) A guardianship action is initiated for a child or adult in the custody of the department, including a seventy-two-hour hold; and  (B) The custody of the child or adult is granted to a party seeking guardianship.      (d) The appropriate jurisdiction for an adult guardianship action, excluding proceedings under the Adult Maltreatment Custody Act, § 9-20-101 et seq., under this chapter that involve a party residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.  (e) The appropriate jurisdiction for an adult guardianship action under the Adult Maltreatment Custody Act, § 9-20-101 et seq., that involves a maltreated adult residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.
AR Code § 28-65-108 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 1 - General Provisions|§ 28-65-108. Compensation of guardian

 (a) A guardian shall be allowed such compensation for his or her services as guardian as the court shall deem just and reasonable.  (b) If the court finds that the guardian has failed to discharge his or her duties as such in any respect, it may deny him or her any compensation whatsoever or may reduce the compensation which would otherwise be allowed.
AR Code § 28-65-109 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 1 - General Provisions|§ 28-65-109. Actions by ward against guardian

 An action by a ward against his or her guardian for a settlement of his or her accounts, for additional security, or for his or her removal, must be brought in the county in which the guardian was qualified.
AR Code § 28-65-201 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-201. For whom guardian may be appointed

 (a) A guardian of the estate may be appointed for any incapacitated person.  (b) A guardian of the person may be appointed for any incapacitated person except a married minor who is incapacitated solely by reason of his or her minority.
AR Code § 28-65-202 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-202. Venue

 (a) The venue for the appointment of a guardian shall be:  (1) In the county of this state which is the domicile of the incapacitated person;  (2) If the incapacitated person is not domiciled in this state, but resides in this state, then in the county of his or her residence; or  (3) If the incapacitated person is neither domiciled nor resides in this state, then in the county in this state in which his or her property, or the greater part of it in value, is situated.    (b)  (1) If proceedings are commenced in more than one (1) county, they shall be stayed, except in the county where first commenced, until final determination of venue by the circuit court of the county where first commenced. If the proper venue is finally determined to be in another county, the court shall transmit the original file to the proper county.  (2) The proceeding shall be deemed commenced by the filing of a petition, and the proceeding first legally commenced to appoint a guardian of the estate, or of the person and the estate, shall extend to all of the property of the incapacitated person in this state.    (c)  (1) If it appears to the court at any time before the termination of the guardianship that the proceeding was commenced in a county of improper venue, the court shall order the proceeding transferred to another circuit court.  (2) If it appears that the residence of the ward or of the guardian has been changed to another county or, in case of guardianship of the estate, that a transfer would be for the best interest of the ward and his or her estate, then the court in its discretion may order the proceedings transferred to another circuit court.  (3) However, in case of any transfer of proceedings, all pertinent papers, files, and certified copies of any court orders shall be transferred to the receiving court.  (4) In case of transfer, the receiving court shall complete the proceedings as if originally commenced in it.
AR Code § 28-65-204 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-204. Preferences

 (a) The parents of an unmarried minor, or either of them, if qualified and, in the opinion of the court, suitable, shall be preferred over all others for appointment as guardian of the person.  (b) Subject to this rule, the court shall appoint as guardian of an incapacitated person the one most suitable who is willing to serve, having due regard to:  (1) Any request contained in a will or other written instrument executed by the parent or by the legal custodian of a minor child for the appointment of a person as guardian of the minor child;  (2) Any request for the appointment of a person as his or her guardian made by a minor fourteen (14) years of age or over;  (3) Any request for the appointment of a person made by the spouse of an incapacitated person;  (4) The relationship by blood or marriage to the person for whom guardianship is sought.    (c) Prior to the appointment of a guardian, the court shall take into consideration any request made by the incapacitated person concerning his or her preference regarding the person to be appointed guardian. This request may be made to the court by any means, but there shall be no necessity that the incapacitated person appear before the court for the purpose of indicating his or her preference.
AR Code § 28-65-205 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-205. Petition

 (a) Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian of an incapacitated person.  (b) The petition shall state, insofar as can be ascertained:  (1) The name, age, residence, and post office address of the incapacitated person;  (2) The nature of incapacity and purpose of the guardianship sought in accordance with the classifications set forth in § 28-65-104;  (3) The approximate value and a description of the incapacitated person's property, including any compensation, pension, insurance, or allowance to which he or she may be entitled;  (4) Whether there is, in any state, a guardian of the person or of the estate of the incompetent;  (5) The residence and post office address of the person whom the petitioner asks to be appointed guardian;  (6) The names and addresses, so far as known or can be reasonably ascertained, of the persons most closely related to the incapacitated person by blood or marriage;  (7) The name and address of the person or institution having the care and custody of the incapacitated person;  (8) The names and addresses of wards for whom any natural person whose appointment is sought is already guardian;  (9) The reasons why the appointment of a guardian is sought and the interest of the petitioner in the appointment;  (10) A statement of the respondent's alleged disability;  (11) A recommendation proposing the type, scope, and duration of guardianship;  (12) A statement that any facility or agency from which the respondent is receiving services has been notified of the proceedings; and  (13) The names and addresses of others having knowledge about the person's disability.
AR Code § 28-65-206 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-206. Single guardianship for two or more incapacitated persons

 When an application is made for the appointment of a guardian for two (2) or more incapacitated persons who are children of a common parent, or are parent and child or are husband and wife, it shall not be necessary that a separate petition, bond, or other paper be filed for each incompetent, and the guardianship of all may be considered as one (1) proceeding except that the guardian shall maintain and file separate accounts for the estates of each of his or her wards.
AR Code § 28-65-208 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 5 - Fiduciary Relationships|Chapter 65 - Guardians Generally|Subchapter 2 - Appointment|§ 28-65-208. Notice of other hearings

 Whenever notice of a hearing in a guardianship proceeding is required, the notice shall be served upon the following who do not appear or in writing waive notice of hearing:   (1) The guardian of the person;  (2) The guardian of the estate; and  (3) If directed by the court:  (A) 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;  (B) 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  (C) Any other person whom the court may designate.