reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-108 - Securing payment of estate tax from property in possession of fiduciary

(a)
A fiduciary may defer a distribution of property until the fiduciary is satisfied that adequate provision for payment of the estate tax has been made.
(b)
A fiduciary may withhold from a distributee an amount equal to the amount of estate tax apportioned to an interest of the distributee.
(c)
As a condition to a distribution, a fiduciary may require the distributee to provide a bond or other security for the portion of the estate tax apportioned to the distributee.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-109 - Collection of estate tax by fiduciary

(a)
A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by the person.
(b)
Except as otherwise provided in §
28-54-106
, any estate tax due from a person that cannot be collected from the person may be collected by the fiduciary from other persons in the following order of priority:
(1)
any person having an interest in the apportionable estate which is not exonerated from the tax;
(2)
any other person having an interest in the apportionable estate;
(3)
any person having an interest in the gross estate.
(c)
A domiciliary fiduciary may recover from an ancillary personal representative the estate tax apportioned to the property controlled by the ancillary personal representative.
(d)
The total tax collected from a person pursuant to this chapter may not exceed the value of the person's interest.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-110 - Right of reimbursement

(a)
A person required under §
28-54-109
to pay an estate tax greater than the amount due from the person under §
28-54-103
or §
28-54-104
has a right to reimbursement from another person to the extent that the other person has not paid the tax required by §
28-54-103
or §
28-54-104
and a right to reimbursement ratably from other persons to the extent that each has not contributed a portion of the amount collected under §
28-54-109(b)
.
(b)
A fiduciary may enforce the right of reimbursement under subsection (a) on behalf of the person that is entitled to the reimbursement and shall take reasonable steps to do so if requested by the person.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-111 - Action to determine or enforce chapter

A fiduciary, transferee, or beneficiary of the gross estate may maintain an action for declaratory judgment to have a court determine and enforce this chapter.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-112 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-113 - Severability

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-114 - Delayed application

(a)
Sections
28-54-103
-
28-54-107
do not apply to the estate of a decedent who dies more than three years after January 1, 2008, if the decedent continuously lacked testamentary capacity from the expiration of the three-year period until the date of death.
(b)
For the estate of a decedent who dies on or after January 1, 2008, to which §§
28-54-103
-
28-54-107
do not apply, estate taxes must be apportioned pursuant to the law in effect immediately before January 1, 2008.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-115 - Effective date

This chapter takes effect on January 1, 2008.
Acts 2007, No. 276, § 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 1 - GENERAL PROVISIONS (§§ 28-65-101 — 28-65-111) › Section 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.
Amended by Act 2017, No. 667,§ 4, eff. 8/1/2017.
Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821; Acts 2007, No. 121, § 1; 2011, No. 1027, § 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 1 - GENERAL PROVISIONS (§§ 28-65-101 — 28-65-111) › Section 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.
Acts 1985, No. 940, § 3; A.S.A. 1947, § 57-822.
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 1 - GENERAL PROVISIONS (§§ 28-65-101 — 28-65-111) › Section 28-65-104 - Incapacitated persons

For purposes of this chapter, the following persons are incapacitated persons:
(1)
Persons under eighteen (18) years of age 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 twenty-one (21) years of age 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.
Amended by Act 2013, No. 577,§ 2, eff. 8/16/2013.
Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821.
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 1 - GENERAL PROVISIONS (§§ 28-65-101 — 28-65-111) › Section 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.
Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821.
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 1 - GENERAL PROVISIONS (§§ 28-65-101 — 28-65-111) › Section 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.
Amended by Act 2013, No. 577,§ 3, eff. 8/16/2013.
Acts 1985, No. 940, § 5; A.S.A. 1947, § 57-824; Acts 2001, No. 1029, § 2; 2003, No. 1185, § 279; 2009, No. 301, § 1; 2011, No. 159, § 3.
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 1 - GENERAL PROVISIONS (§§ 28-65-101 — 28-65-111) › Section 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.
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 1 - GENERAL PROVISIONS (§§ 28-65-101 — 28-65-111) › Section 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.
Acts 1985, No. 940, § 44; A.S.A. 1947, § 57-863.
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 1 - GENERAL PROVISIONS (§§ 28-65-101 — 28-65-111) › Section 28-65-110 - [Repealed]

Repealed by Act 2021, No. 516,§ 2, eff. 7/28/2021.
Added by Act 2017, No. 667,§ 5, eff. 8/1/2017.
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 1 - GENERAL PROVISIONS (§§ 28-65-101 — 28-65-111) › Section 28-65-111 - Attorney's fees and costs

(a)
Except for the fees and costs accrued by the estate of the ward in a court-approved guardianship, attorney's fees or costs, or both, may be awarded by the court in guardianship matters only in the following instances and upon reasonable notice and an opportunity to be heard:
(1)
If it is proven by clear and convincing evidence that a party has acted in bad faith or with actual malice and thereby caused another party to incur attorney's fees or costs, or both, in the guardianship action; or
(2)
(A)
In a guardianship matter in which the court has found a party in contempt of court and the contemptuous behavior has caused another party to incur attorney's fees.
(B)
The penalty for contempt in a guardianship case is not limited to fees and may include other appropriate sanctions as determined by the court.
(b)
The amount of fees or costs, or both, awarded, if any, and the time and manner of payment shall be at the reasonable discretion of the court.
Added by Act 2023, No. 326,§ 8, eff. 8/1/2023.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 6; A.S.A. 1947, § 57-825.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 7; A.S.A. 1947, § 57-826.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 9; A.S.A. 1947, § 57-828; Acts 1991, No. 11, § 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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 10; A.S.A. 1947, § 57-829.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 11; A.S.A. 1947, § 57-830.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 13; A.S.A. 1947, § 57-832.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 14; A.S.A. 1947, § 57-833.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 14; A.S.A. 1947, § 57-833.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 15; A.S.A. 1947, § 57-834.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Amended by Act 2019, No. 315,§ 3202, eff. 7/24/2019.
Acts 1985, No. 940, § 16; A.S.A. 1947, § 57-835; Acts 1987, No. 812, § 1; 2003, No. 368, § 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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 28-65-213 - Rights of wards and proposed wards

(a)
At the hearing, the respondent ward or proposed ward 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)
(A)
Be present.
(B)
(i)
The petitioner or person with physical custody of the respondent ward or proposed ward shall make reasonable efforts to ensure that the respondent ward or proposed ward is present or otherwise able to participate electronically for all hearings.
(ii)
If the respondent ward or proposed ward is not present at a hearing, the court shall:
(a)
Inquire first as to the reasons for the absence of the respondent ward or proposed ward; and
(b)
Proceed after being satisfied that it is not safe, appropriate, or possible for the respondent ward or proposed ward to be present or otherwise participate; and
(5)
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 ward or proposed ward 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 ward or proposed ward, the court may dismiss the action.
(3)
If it is found that the respondent ward or proposed ward 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.
Amended by Act 2021, No. 516,§ 3, eff. 7/28/2021.
Acts 1985, No. 940, § 16; A.S.A. 1947, § 57-835.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, §§ 16, 17; A.S.A. 1947, §§ 57-835, 57-836; Acts 2003, No. 760, § 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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 18; A.S.A. 1947, § 57-837; Acts 2003, No. 1185, § 281.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 19; A.S.A. 1947, § 57-838.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 22; A.S.A. 1947, § 57-841.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1985, No. 940, § 23; A.S.A. 1947, § 57-842.
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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 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.
Acts 1999, No. 517, § 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 2 - APPOINTMENT (§§ 28-65-201 — 28-65-222) › Section 28-65-222 - Parental appointment of temporary guardian

(a)
(1)
Except as provided in § 28-65-218 and in subdivision (a)(2) of this section, a parent of a minor child may appoint one (1) or more persons to act as a temporary guardian of his or her minor child in the event of the death of the parent if the:
(A)
Parent signs a notarized writing that includes the:
(i)
Name and date of birth of the minor child for whom the person is being appointed as guardian;
(ii)
Name of each person being appointed as a guardian of the minor child; and
(iii)
Sworn attestation of two (2) witnesses that states and affirms that each witness witnessed the parent sign the notarized writing;
(B)
Notarized writing signed by the parent as required under subdivision (a)(1)(A) of this section is no more than five (5) years old; and
(C)
Each person appointed by the parent as a guardian of the minor child consents to the appointment in a signed and notarized writing.
(2)
An appointing parent may appoint two (2) people as co-guardians of the minor child if the two (2) people are married to each other.
(3)
Both parents of the minor child shall sign the notarized writing required under subdivision (a)(1)(A) of this section if both parents are alive.
(4)
A parent may revoke or amend his or her appointment of a guardian under this section at any time before his or her death.
(b)
(1)
An appointment of a guardian for a minor child under this section is immediately effective upon the death of:
(A)
The appointing parent if the other parent is deceased; or
(B)
Both appointing parents.
(2)
(A)
Upon the death of both appointing parents or an appointing parent if the other parent is deceased, the guardian shall have temporary guardianship of the minor child for no longer than forty-five (45) days.
(B)
A court may extend the time period of the initial temporary guardianship for an additional ninety (90) days or terminate the temporary guardianship for good cause.
(c)
A person who is appointed by an appointing parent as a temporary guardian of a minor child under this section and who is willing to become the permanent guardian of the minor child shall follow the procedures required under this chapter to obtain permanent guardianship of the minor child.
(d)
Unless otherwise provided by law, a court shall comply with the wishes of an appointing parent and appoint each person appointed by the appointing parent as temporary guardian of the appointing parent's minor child as a permanent guardian of the minor child unless the person appointed as guardian is determined to be unfit by the court.
(e)
A notarized writing required under subdivision (a)(1)(A) of this section does not supersede a court order concerning child custody that exists at the time of the death of one (1) or both parents.
Added by Act 2021, No. 701,§ 1, eff. 7/28/2021.
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 28-65-301 - 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.
Acts 1985, No. 940, §§ 25, 26; A.S.A. 1947, §§ 57-844, 57-845; Acts 1999, No. 517, § 2.
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 28-65-302 - 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
.
Acts 1985, No. 940, § 26; A.S.A. 1947, § 57-845; Acts 1999, No. 1536, § 7; 2001, No. 1689, § 1.