reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 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.
Acts 1985, No. 940, § 26; A.S.A. 1947, § 57-845.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 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.
Acts 1985, No. 940, § 27; A.S.A. 1947, § 57-846.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 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.
Acts 1985, No. 940, § 28; A.S.A. 1947, § 57-847.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 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.
Acts 1985, No. 940, § 29; A.S.A. 1947, § 57-848.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 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.
Acts 1985, No. 940, § 30; A.S.A. 1947, § 57-849.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-308 - Power to borrow money, make gifts, etc

(a)
Upon a showing that the action would be advantageous to the ward and his or her estate, the court may authorize the guardian to borrow money, to execute notes and other legal evidences of indebtedness, and to mortgage property of the ward in accordance with the provisions of §
28-65-314
.
(b)
Upon a showing that the action would be advantageous to the ward and his or her estate, the court may authorize the guardian to make gifts and disclaimers on behalf of the ward.
Acts 1985, No. 940, § 31; A.S.A. 1947, § 57-850.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-309 - Periodic allowances

(a)
The guardian of the estate, or any person, department, bureau, agency, or charitable organization having the care and custody of a ward may apply to the court for an order directing the guardian of the estate to pay to the person, department, bureau, agency, or charitable organization having the care and custody of the ward or, if the guardian of the estate has the care and custody of the ward, directing the guardian of the estate to apply a designated amount periodically as the court may direct, to be extended for the care, maintenance, and education of the ward and of his or her dependents.
(b)
In proper cases the court may order payment of amounts directly to the ward for his or her maintenance or incidental expenses.
(c)
The amounts authorized under this section may be decreased or increased from time to time by direction of the court.
(d)
If payments are made to another under the order of the court, the guardian of the estate is not bound to see to the application of the payments.
Acts 1985, No. 940, § 33; A.S.A. 1947, § 57-852.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-310 - Support of minor ward

(a)
The support of their unmarried minor children is chargeable jointly and severally upon the property of the husband and the property of the wife, and in the relation thereto, they may be sued either jointly or severally.
(b)
Although the responsibility for the care, maintenance, and education of a minor rests upon his or her parents or persons in loco parentis, if there are such persons, nevertheless in appropriate cases and taking into consideration the relative resources and circumstances of a parent and the minor ward, the court, in its discretion, may authorize the guardian of the estate to expend income or principal of the ward's estate for the ward's care, maintenance, and education.
(c)
(1)
As far as necessary for the purpose, except as provided in subsection (b) of this section, the income of the ward's estate shall be first applied to his or her care, maintenance, and education.
(2)
On order of the court, any surplus of the income may be applied to the care, maintenance, and education of the dependents of the ward.
(3)
If the income is not sufficient to care for, maintain, and educate the ward and his or her dependents, the court may order the expenditure of such portion of the principal as it from time to time finds necessary for such purposes.
Acts 1985, No. 940, § 34; A.S.A. 1947, § 57-853.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-312 - Retention of property and investment

(a)
If it is in the best interest of the ward or his or her estate, the court may order the guardian of the estate to retain any property belonging to the ward which may come into the hands of the guardian otherwise than by purchase by the guardian, whether or not the property is of the nature authorized by §
28-65-311
, as an investment of the ward's funds.
(b)
If the guardian of the estate makes an investment which at the time of the making thereof shall meet the requirements of §
28-65-311
and the investment later fails to meet the requirements, the guardian may retain the investment, unless otherwise directed by the court.
Acts 1985, No. 940, § 36; A.S.A. 1947, § 57-855.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-313 - Purchase of home

(a)
The court may authorize the purchase of real property in this state for use by the ward as a home or, unless he or she is an unmarried minor, as a home for his or her dependent family.
(b)
The purchase shall be made only upon order of the court after notice to the ward if he or she is fourteen (14) years of age or over and his or her incompetence is due solely to minority, and to such other persons, if any, as the court may direct.
Acts 1985, No. 940, § 37; A.S.A. 1947, § 57-856.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-314 - Sales, mortgages, etc., of property generally

(a)
(1)
The real or personal property of the ward not excluding real property in which a minor or mentally incompetent ward has a vested homestead interest, or any part thereof or interest therein, may be sold, conveyed, released, mortgaged, leased, or exchanged or an easement thereon may be granted by the guardian of the estate upon such terms as the court may order for the purpose of paying the ward's debts, for providing for his or her care, maintenance, and education and the care, maintenance, and education of his or her dependents, or for investing the proceeds, or in any other case in which it is for the best interest of the ward.
(2)
Participation by a guardian in behalf of his or her ward in the execution and delivery of one (1) or more deeds, bills of sale, assignments, or other appropriate instruments to accomplish the partition in kind between the owners thereof, of real or personal property in which the ward owns an undivided interest, for the purposes of this section shall be deemed an exchange of property of the ward.
(b)
(1)
A guardian shall not purchase property of the ward unless sold at public sale and approved by the court, and then only if the guardian is a spouse, parent, child, brother, or sister of the ward and is a cotenant with the ward in the property.
(2)
(A)
This requirement shall not be applicable when a special guardian is appointed to represent the interest of the ward and the special guardian reports to the court after the property has been appraised that the proposed purchase at a private sale is in the best interest of the ward.
(B)
The report of the special guardian shall also be subject to the approval of the court after notice to all interested parties is given and a hearing is held by the court.
(c)
Prior to or at the time of the approval of the sale of real or personal property made by a guardian, the court shall ascertain whether the guardian's bond is sufficient in amount and security to protect the estate of the ward with respect to the proceeds of the sale. If not, the court shall require that the guardian's bond be increased or supplemented in amount or security to adequately protect the ward's estate.
(d)
The provisions of §§
28-51-105
-
28-51-109
,
28-51-201
-
28-51-203
, and
28-51-301
-
28-51-309
, relative to decedents' estates, shall apply to sales, mortgages, leases, and exchanges of property of the ward of a guardian, except that the extent of the term of a lease of real property of a ward shall not be limited to three (3) years, nor shall the credit to be extended by the guardian be limited to one (1) year.
Acts 1985, No. 940, § 40; A.S.A. 1947, § 57-859; Acts 1991, No. 1068, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-316 - Oil, gas, and mineral interests - Agreements for operation and development

Upon petition of the guardian of the estate and after notice to such persons, if any, as the court may direct, the court may authorize the guardian of the estate of an incapacitated person in behalf of his or her ward to enter into transactions and to execute all instruments necessary or advantageous to the ward's estate in the operation and development of any interest, including leasehold interest, which the ward may own in oil, gas, or minerals, including, but not limited to, unit operating agreements, royalty unitization agreements, royalty pooling agreements, field unitization and repressure agreements, and such other agreements and contracts relative thereto as the court shall find to be for the best interest of the ward.
Acts 1985, No. 940, § 32; A.S.A. 1947, § 57-851.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-317 - Payment of claims

(a)
(1)
A guardian of the estate is under a duty to pay from the estate all just claims against the estate of his or her ward, whether they constitute liabilities of the ward which arose prior to the guardianship or liabilities properly incurred by the guardian for the benefit of the ward or his or her estate and whether arising in contract or in tort or otherwise, upon allowance of the claim by the court or upon approval by the court in a settlement of the guardian's accounts.
(2)
The duty of the guardian to pay from the estate shall not preclude his or her personal liability for his or her own contracts and acts made and performed in behalf of the estate as it exists according to the common law.
(b)
Upon the petition of any person having a claim against the estate of a ward for services lawfully rendered to the ward or his or her estate for necessaries furnished to the ward, or for the payment of a lawful liquidated claim or demand against the estate of the ward, the court, after notice, upon appropriate hearing, may direct the guardian to pay the claim.
Acts 1985, No. 940, § 38; A.S.A. 1947, § 57-857.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-318 - Compromise settlements

(a)
On petition of the guardian of the estate, the court, if satisfied that the action would be in the interest of the ward and his or her estate, may make an order authorizing the settlement or compromise of any claim by or against the ward or his or her estate, whether arising out of contract, tort, or otherwise, and whether arising before or after the appointment of the guardian.
(b)
(1)
A settlement of a tort claim against a ward made by or in behalf of the guardian of the estate shall be binding, if otherwise valid, without authorization or approval by the court.
(2)
However, a guardian shall not take credit in his or her accounts for any money or property expended by him or her in the settlement unless the guardian has first been authorized by the court to make the settlement or unless the guardian, after having made the settlement, establishes to the satisfaction of the court by clear and convincing evidence that the settlement was in the interest of the ward and his or her estate.
(c)
A discharge, acquittance, or receipt given by a guardian of the estate for any claim other than one arising out of tort shall be valid in favor of any person who takes it in good faith, but the guardian shall assume the burden of establishing that any compromise not previously approved by the court was made in the interest of the ward and his or her estate and shall be liable to his or her ward if he or she or his or her estate is injured thereby.
Acts 1985, No. 940, § 39; A.S.A. 1947, § 57-858.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-319 - Employment of professionals

(a)
(1)
The guardian may employ legal counsel in connection with the discharge of his or her duties, and the court shall fix the attorney's fee, which shall be allowed as an item of the expense of administration.
(2)
If the guardian is an attorney and has performed necessary legal services in connection with the guardianship, the court shall take into consideration the nature and extent of such services in fixing the compensation of the guardian.
(b)
The guardian, when authorized by the court, may employ accountants, engineers, appraisers, brokers, and other persons whose services are reasonably required in the discharge of his or her duties, and the court shall fix the compensation for such services, which shall be allowed as an item of expense of the administration.
Acts 1985, No. 940, § 42; A.S.A. 1947, § 57-861.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-320 - Accounting

(a)
Unless otherwise directed by the court, a guardian of the estate shall file with the court a written verified account of his or her administration:
(1)
Annually within sixty (60) days after the anniversary date of his or her appointment; and
(2)
Within sixty (60) days after termination of his or her guardianship.
(b)
Notice of the hearing of every accounting shall be given to the same persons and in the same manner as is required by §§
28-65-207
and
28-65-208
for notice of the petition for the appointment of a guardian, except that the court may dispense with the giving of notice to a mentally incompetent ward upon a satisfactory showing that the giving of notice would be detrimental to his or her well-being.
(c)
With respect to each item for which credit is claimed, the account shall show whether or not the item has been paid, and, in either event, the court may allow or disallow any item in whole or in part, subject to such protection as is extended the guardian with respect to actions taken by him or her in good faith in reliance upon orders previously made by the court.
(d)
When notice has been given as provided in subsection (b) of this section, the settlement by the court of an account is binding upon all persons concerned, subject to the right of appeal and to the power of the courts to vacate its final order.
(e)
The provisions of §§
28-52-101
,
28-52-103
-
28-52-105
,
28-52-107
,
28-52-108
, and
28-52-110
relating to accounting by a personal representative shall apply also to accounting by a guardian.
(f)
A guardian who fails to file an accounting within the time limit prescribed by this section may be denied compensation for services performed between the date an accounting should have been filed and the date it is filed.
Acts 1985, No. 940, § 43; A.S.A. 1947, § 57-862.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-321 - Inventory - Appraisement

(a)
The guardian of the estate shall file an inventory of the ward's property in the same manner and subject to the same requirements as are provided in §
28-49-110
for the inventory of a decedent's estate.
(b)
In its discretion, the court may order the appraisement of the ward's property by one (1) or more disinterested and qualified persons appointed by the court.
Acts 1985, No. 940, § 24; A.S.A. 1947, § 57-843.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-322 - Reports

All guardians shall file an annual report with the court. The report shall contain:
(1)
The person's current mental, physical, and social conditions;
(2)
His or her present living arrangements;
(3)
The need for continued guardianship services;
(4)
An accounting of his or her estate if the guardian has been delegated that responsibility by the court order or as a result of being a guardian of the estate; and
(5)
Any other information requested by the court or necessary in the opinion of the guardian.
Acts 1985, No. 940, § 25; A.S.A. 1947, § 57-844.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 3 - POWERS AND DUTIES (§§ 28-65-301 — 28-65-323) › Section 28-65-323 - Administration of deceased ward's estate

(a)
Upon the death of a ward, the guardian of his or her estate is authorized, as such, subject to the direction of the court, to administer the estate of the deceased ward after further letters are issued to him or her, after a hearing, pursuant to a petition for letters, testamentary or of administration, which has been filed not later than forty (40) days after the death of the ward, subject, however, to the provisions of §
28-40-116
.
(b)
In such a case, the guardian shall file an account of his or her administration of the ward's estate up to the date of the death of the ward and shall cause a notice of the filing of the account to be published combined with a notice to creditors of the deceased ward.
(c)
Proceedings for the presentation, allowance, and payment of claims against the estate of the deceased ward shall be governed by the laws relating to claims against decedents' estates, with the guardian serving as personal representative.
(d)
Liability on the guardian's bond shall continue and shall apply to the complete administration of the estate of the deceased ward by the guardian.
(e)
If letters, testamentary or of administration, are granted to someone other than the guardian upon a petition filed within forty (40) days after the death of the ward, the authority of the guardian to administer the ward's estate shall terminate upon the appointment and qualification of the personal representative, and the guardian shall deliver to the personal representative the assets of the ward's estate remaining in the hands of the guardian.
(f)
The probate clerk of the circuit court is entitled to additional fees, not to exceed one hundred dollars ($100), to cover the initiation of the administration of the ward's estate and, if so initiated, shall direct the personal representative to pay them.
Acts 1985, No. 940, § 48; A.S.A. 1947, § 57-867; Acts 1991, No. 957, § 1; 1997, No. 513, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 4 - TERMINATION OF GUARDIANSHIP (§§ 28-65-401 — 28-65-403) › Section 28-65-401 - Termination generally

(a)
A guardianship is terminated:
(1)
If the guardianship was solely because of the ward's incompetency for a cause other than minority, by an adjudication of the competency of the ward;
(2)
By the death of the ward;
(3)
If the guardianship was solely because of the ward's minority, the marriage of the ward shall terminate a guardianship of the person, but not of the estate of the ward except with respect to the ward's earnings for personal services; or
(4)
If the guardianship was solely because of the ward's minority, by the ward's reaching the age of majority, unless the guardian receives a guardianship subsidy from the Department of Human Services, then the guardianship is terminated when the ward:
(A)
Reaches twenty-one (21) years of age; or
(B)
Who is eighteen (18) years of age or older requests termination of the guardianship.
(b)
A guardianship may be terminated by court order after such notice as the court may require:
(1)
(A)
If the guardianship was solely because of the ward's minority, and either the ward attains his or her majority or the disability of minority of the ward is removed for all purposes by a court of competent jurisdiction.
(B)
However, if the court finds upon a proper showing by substantial competent evidence that it is in the best interest of the ward that the guardianship be continued after the ward reaches majority, the court may order the guardianship to continue until such time as it may be terminated by order of the court;
(2)
If the ward becomes a nonresident of this state; or
(3)
If, for any other reason, the guardianship is:
(A)
No longer necessary; and
(B)
No longer in the best interest of the ward.
(c)
(1)
When a guardianship terminates otherwise than by the death of the ward, the powers of the guardian cease, except that a guardian of the estate may make disbursements for claims that are or may be allowed by the court, for liabilities already properly incurred for the estate or for the ward, and for expenses of administration.
(2)
When a guardianship terminates by the death of the ward, the guardian of the estate may proceed under §
28-65-323
, but the rights of all creditors against the ward's estate shall be determined by the law governing decedents' estates.
Amended by Act 2017, No. 717,§ 1, eff. 8/1/2017.
Amended by Act 2013, No. 577,§ 4, eff. 8/16/2013.
Acts 1985, No. 940, § 45; A.S.A. 1947, § 57-864.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 4 - TERMINATION OF GUARDIANSHIP (§§ 28-65-401 — 28-65-403) › Section 28-65-402 - Restoration of capacity of ward

(a)
If any person alleges in writing, verified by oath, that any person declared to be incapacitated, or addicted to habitual drunkenness, is no longer incapacitated, or is no longer so addicted, the court in which the proceedings were held shall cause the facts to be inquired into in such manner as it may direct.
(b)
If it is found that the person has been restored to capacity or has reformed, he or she shall be discharged from care and custody, and the guardian shall immediately settle his or her accounts and shall restore to the person all things remaining in the guardian's hands belonging or appertaining to him or her.
Acts 1985, No. 940, §§ 46, 47; A.S.A. 1947, §§ 57-865, 57-866.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 4 - TERMINATION OF GUARDIANSHIP (§§ 28-65-401 — 28-65-403) › Section 28-65-403 - Discharge of guardian and surety

(a)
Upon the guardian of an estate's filing receipts or other evidence satisfactory to the court showing that he or she has delivered to the persons entitled thereto all the property for which he or she is accountable as guardian, the court shall make an order discharging the guardian and his or her surety from further liability or accountability with respect to the guardianship.
(b)
The discharge so obtained shall operate as a release from the duties of his or her office which have not previously terminated and shall be final, except that, upon a petition's being filed within three (3) years of the entry thereof, it may be set aside for fraud in the settlement of the account.
Acts 1985, No. 940, § 49; A.S.A. 1947, § 57-868.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 5 - DISPENSING WITH GUARDIANSHIP (§§ 28-65-501 — 28-65-503) › Section 28-65-501 - Dispensing with guardianship generally

(a)
The parents of a minor, jointly with equal authority if they are husband and wife living together, or the survivor if one (1) parent is dead, or the competent parent if one (1) is incompetent, or the other parent if one (1) parent is imprisoned for a felony, or the parent to whom the custody of the child has been awarded by a court of competent jurisdiction if the parents are divorced or living apart, or the natural mother of an illegitimate child, shall be the natural guardian of the person of each unmarried minor child of the parents and shall have the care and management of the estate of each such minor derived by gift from the parents or either of them, without the necessity of judicial appointment.
(b)
However, upon a showing of a necessity therefor to protect the interests of the minor, the court may appoint a statutory guardian of the estate of the minor, and when appointed and qualified, the statutory guardian shall have exclusive control over the estate of the minor.
(c)
The court may appoint the natural guardian as guardian of the estate of the minor.
Acts 1985, No. 940; § 50; A.S.A. 1947, § 57-869.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 5 - DISPENSING WITH GUARDIANSHIP (§§ 28-65-501 — 28-65-503) › Section 28-65-502 - Dispensing with guardianship in small estate

When the whole estate of a minor or an incompetent does not exceed the value of twenty-five thousand dollars ($25,000), the court, in its discretion, without the appointment of a guardian or the giving of bond, may authorize the payment or delivery of all or any part of the estate to the minor or incompetent or to some suitable person, institution, or agency for him or her, to be retained, used, expended, distributed, or disposed of for the benefit of the minor or incompetent as the court may direct.
Amended by Act 2023, No. 326,§ 9, eff. 8/1/2023.
Acts 1985, No. 940, § 50; A.S.A. 1947, § 57-869; Acts 1993, No. 105, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 5 - DISPENSING WITH GUARDIANSHIP (§§ 28-65-501 — 28-65-503) › Section 28-65-503 - Ward receiving public assistance

(a)
The circuit court in its discretion, without the appointment of a guardian or the giving of bond, may authorize the payment and delivery of any moneys or other property due or that may in the future become due the minor or incompetent person to some suitable person, institution, or agency for the minor or incompetent person, to be retained, used, expended, distributed, or disposed of, for the benefit of the minor or incompetent person as the court may direct, in cases in which:
(1)
The present total value of the personal property of a minor or an incompetent person is less than twenty-five thousand dollars ($25,000);
(2)
The minor or incompetent person owns no real property;
(3)
The minor or incompetent person should have a guardian to care for his or her needs; and
(4)
The minor or incompetent person is supported in whole or in part by a monthly income from the Department of Human Services, pension boards, or any other person or agency except the United States Department of Veterans Affairs.
(b)
In the event the moneys or other property of the minor or incompetent person accumulates to a total value of twenty-five thousand dollars ($25,000) or more, the suitable person shall immediately report that fact to the circuit court.
Amended by Act 2023, No. 326,§ 10, eff. 8/1/2023.
Acts 1953, No. 340, § 1; A.S.A. 1947, § 57-646.1; Acts 2005, No. 1962, § 117.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 6 - FOREIGN GUARDIANS (§§ 28-65-601 — 28-65-604) › Section 28-65-601 - Petition to act in Arkansas

(a)
If an incompetent person who is a resident of another state, a territory of the United States, or the District of Columbia has a guardian, curator, conservator, committee, tutor, or other person authorized by the laws of the other jurisdiction to have possession and control of the property of the incompetent person, such a person being hereinafter referred to as "foreign guardian", the foreign guardian may petition the circuit court of the county of this state in which a guardianship of the estate of the incompetent person is pending, or, if no such guardianship is pending in this state, of any county in which there is property belonging to his or her ward, or in which a cause of action in behalf of his or her ward may be lawfully brought, for authority:
(1)
To remove the property to the domicile of the guardian and his or her ward;
(2)
To sell, mortgage, lease, or exchange the property of his or her ward or to take any other action with reference thereto which a locally appointed guardian would be authorized to take and to remove the proceeds to the domicile of the guardian and his or her ward; or
(3)
To bring the action in behalf of his or her ward.
(b)
The foreign guardian shall file with his or her petition an authenticated copy of his or her letters of guardianship, or other appropriate evidence of his or her appointment and qualification, an authenticated copy of the bond, if any, filed by him or her with the court which appointed him or her, and evidence of the value of the property of the ward in the jurisdiction of his or her appointment.
Acts 1985, No. 940, § 51; A.S.A. 1947, § 57-870.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 6 - FOREIGN GUARDIANS (§§ 28-65-601 — 28-65-604) › Section 28-65-602 - Grant or denial of petition to act in Arkansas - Effect

(a)
Upon being satisfied that the foreign guardian is duly appointed, qualified, and acting, that his or her bond is sufficient under the laws of the jurisdiction of his or her appointment to protect the property of the ward within the jurisdiction and the property within this state, or its proceeds, or that no bond is required in the jurisdiction of his or her appointment, and that the action ordered to be taken is in the best interest of the ward and his or her estate, the court may, if there is no locally appointed guardian, grant the petition, in whole or in part, and direct the foreign guardian to proceed with the directed action in the same manner as is provided for similar action by a resident guardian of the estate or a resident ward.
(b)
If there is a locally appointed guardian, and upon the same findings as to the qualifications of the foreign guardian and the sufficiency of his or her bond, if any, the court, in the exercise of its discretion, may:
(1)
Order the termination of the local guardianship and the payment, transfer, or delivery of the property of the ward to the foreign guardian and grant the petition of the foreign guardian, in whole or in part; or
(2)
Order the local guardian to take the action, in whole or in part, for which the foreign guardian asked authority; or
(3)
Deny the petition.
(c)
If the court orders the termination of the local guardianship, the local guardian shall file his or her account immediately.
Acts 1985, No. 940, § 51; A.S.A. 1947, § 57-870.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 6 - FOREIGN GUARDIANS (§§ 28-65-601 — 28-65-604) › Section 28-65-603 - Corporate guardians

If the foreign guardian is a corporation, it need not qualify as a corporation to do business under the general corporation laws of this state to entitle it to administer the property of its ward situated in this state.
Acts 1985, No. 940, § 51; A.S.A. 1947, § 57-870.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 6 - FOREIGN GUARDIANS (§§ 28-65-601 — 28-65-604) › Section 28-65-604 - Applicability

This subchapter does not apply to foreign guardianships under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, §
28-74-101
et seq.
Acts 2011, No. 159, § 4.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 7 - PUBLIC GUARDIAN FOR ADULTS (§§ 28-65-701 — 28-65-707) › Section 28-65-701 - Office of Public Guardian for Adults - Creation

(a)
The Office of Public Guardian for Adults is created.
(b)
The Public Guardian for Adults shall be the administrator of the office.
Acts 2007, No. 862, § 4.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 7 - PUBLIC GUARDIAN FOR ADULTS (§§ 28-65-701 — 28-65-707) › Section 28-65-702 - Public Guardian for Adults - Appointment - Qualifications

(a)
(1)
The Office of Chief Counsel of the Department of Human Services or the Office of Chief Counsel's designee shall appoint an employee of the Office of Chief Counsel to serve as Public Guardian for Adults.
(2)
A prior authorized appointment of a public guardian by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have continuing effect and be relied upon in regard to the public guardian's authority to act on behalf of the ward.
(b)
(1)
In addition to the qualifications required under §
28-65-203
, the public guardian shall:
(A)
Hold a degree in law or social work or a related field;
(B)
Submit to a criminal background check with satisfactory results as prescribed by the Department of Human Services;
(C)
Attend and complete at least twenty (20) hours of training approved by the department; and
(D)
Demonstrate competency and ability to carry out the values of the ward.
(2)
The Public Guardian for Adults shall devote his or her entire time to the duties of the Office of Public Guardian for Adults.
(c)
The Public Guardian for Adults:
(1)
May consent or withhold consent to health and long-term care treatment;
(2)
Shall advocate for the ward; and
(3)
Shall be functionally separate from and share no duties with any department employee whose job it is to prepare and offer services or treatment plans, or both, to any person.
Amended by Act 2017, No. 913,§ 132, eff. 8/1/2017.
Amended by Act 2015, No. 1203,§ 3, eff. 7/22/2015.
Amended by Act 2015, No. 1203,§ 2, eff. 7/22/2015.
Acts 2007, No. 862, § 4.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 7 - PUBLIC GUARDIAN FOR ADULTS (§§ 28-65-701 — 28-65-707) › Section 28-65-704 - Correspondence and legal process

All correspondence and legal process regarding a public guardianship under this subchapter shall be to or from the Public Guardian for Adults in his or her official capacity.
Acts 2007, No. 862, § 4.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 7 - PUBLIC GUARDIAN FOR ADULTS (§§ 28-65-701 — 28-65-707) › Section 28-65-705 - No bond, fee, or copy charge required

(a)
Bond shall not be required in connection with public guardian services under this subchapter.
(b)
A fee may not be charged or collected by the circuit clerk or county clerk in connection with public guardian services under this subchapter, including without limitation fees for filing, summons, or subpoenas.
(c)
The Department of Human Services is not required to pay for a copy of medical, mental health, financial, or other records that relate to a ward who is under the guardianship of a Public Guardian for Adults.
Amended by Act 2019, No. 955,§ 3, eff. 7/24/2019.
Amended by Act 2015, No. 1203,§ 5, eff. 7/22/2015.
Acts 2007, No. 862, § 4.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 65 - GUARDIANS GENERALLY (§§ 28-65-101 — 28-65-707) › Subchapter 7 - PUBLIC GUARDIAN FOR ADULTS (§§ 28-65-701 — 28-65-707) › Section 28-65-707 - Department of Human Services - Adoption of rules

The Department of Human Services may adopt rules necessary to implement this subchapter.
Acts 2007, No. 862, § 4.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 66 - UNIFORM VETERANS' GUARDIANSHIP ACT (§§ 28-66-101 — 28-66-124) › Section 28-66-101 - Definitions

As used in this chapter:
"Person" means an individual, a partnership, a corporation, or an association;
"Veterans' Administration" means the Veterans' Administration, its predecessors or successors;
"Income" means money received from the Veterans' Administration and revenue or profit from any property wholly or partially acquired therewith;
"Estate" means income on hand and assets acquired partially or wholly with income;
"Benefits" means all moneys paid or payable by the United States through the Veterans' Administration;
"Administrator" means the Administrator of Veterans Affairs of the United States or his successor;
"Ward" means a beneficiary of the Veterans' Administration;
"Guardian" means any fiduciary for the person or estate of a ward.
Acts 1943, No. 177, § 1; A.S.A. 1947, § 57-501.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 66 - UNIFORM VETERANS' GUARDIANSHIP ACT (§§ 28-66-101 — 28-66-124) › Section 28-66-102 - Administrator as party in interest

The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans' Administration. Not less than fifteen (15) days prior to hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans' Administration having jurisdiction over the area in which any such suit or any such proceeding is pending.
Acts 1943, No. 177, § 2; A.S.A. 1947, § 57-502.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803) › Chapter 66 - UNIFORM VETERANS' GUARDIANSHIP ACT (§§ 28-66-101 — 28-66-124) › Section 28-66-103 - Application

Whenever, pursuant to any law of the United States or regulation of the Veterans' Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided.
Acts 1943, No. 177, § 3; A.S.A. 1947, § 57-503.