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 28-65-703 - Public Guardian for Adults - Duties

(a)
The Public Guardian for Adults:
(1)
Shall administer and organize the work of the Office of Public Guardian for Adults;
(2)
May employ staff as necessary to carry out the functions of the office, including the employment of Deputy Public Guardians for Adults who:
(A)
Meet the same qualifications as required for the Public Guardian for Adults in §
28-65-702
;
(B)
Have the same power and duties as the Public Guardian for Adults except those related to the administration and organization of the Office of Public Guardian for Adults; and
(C)
May act on behalf of the Public Guardian for Adults in matters related to guardianships held by the Public Guardian for Adults; and
(3)
(A)
May accept the services of volunteers who shall possess all of the qualifications of a guardian required under §
28-65-203
.
(B)
If approved by the Public Guardian for Adults, the volunteer shall be reimbursed for expenses in the same manner as public employees.
(C)
A volunteer shall not be an employee of any facility or program that provides services to the ward.
(D)
Volunteers shall not be related to the owner or any staff member of any facility or program that provides services to the ward.
(b)
(1)
The Public Guardian for Adults shall receive and review referrals for adult guardianship.
(2)
A court shall not appoint the Public Guardian for Adults as the guardian of a person or estate unless the Public Guardian for Adults petitions for the guardianship and consents to the appointment.
(c)
The Public Guardian for Adults may petition to be appointed guardian of the person of an adult or guardian of the estate of an adult, or both, if:
(1)
The Public Guardian for Adults has probable cause to believe that the adult lacks the capacity to make and communicate decisions necessary for his or her health, safety, and welfare or to manage his or her property;
(2)
The Public Guardian for Adults believes that the adult is incapacitated;
(3)
There is no suitable private guardian qualified and willing to accept the guardianship appointment; and
(4)
A circuit court determines that the Public Guardian for Adults would be a suitable guardian for the incapacitated adult.
(d)
If requested by the court having jurisdiction of the ward, the Public Guardian for Adults may petition to intervene in an established guardianship and petition to be named a successor guardian if all of the following conditions are met:
(1)
The Public Guardian for Adults determines that the current guardian is unable or unwilling to perform his or her duties under the guardianship;
(2)
There is no suitable private guardian qualified and willing to accept the guardianship appointment; and
(3)
A circuit court determines that the Public Guardian for Adults would be a suitable guardian for the incapacitated adult.
(e)
(1)
The Public Guardian for Adults either directly or through staff or volunteered services shall monitor each ward and each ward's care and progress on a continuing basis.
(2)
The monitoring shall include quarterly personal contact with each ward.
(3)
A written record shall be created and maintained concerning each personal contact and shall contain the information specified in §
28-65-322
.
(f)
(1)
The Public Guardian for Adults shall keep and maintain financial, case control, and statistical records in accordance with generally accepted professional business and accounting standards in all cases for which the Office of Public Guardian for Adults has been appointed guardian.
(2)
Office records that identify individuals for whom the office has provided guardianship services shall be kept confidential except to the extent that disclosure is required by other laws.
(3)
Office records shall be retained in accordance with state record retention rules.
(g)
Unless specifically provided otherwise in this subchapter, this chapter is applicable to any guardianship established under this subchapter.
(h)
(1)
Upon petition by the Department of Human Services, a court may direct payment from the assets of the ward for services rendered or goods purchased by or for the ward during the course of the guardianship.
(2)
Notwithstanding the requirement of §
28-51-303(b)(2)(A)
, the court may allow the sale of a ward's property at public auction for less than three-fourths (¾) of the appraised value.
Amended by Act 2015, No. 1203,§ 4, eff. 7/22/2015.
Amended by Act 2013, No. 582,§ 1, eff. 8/16/2013.
Acts 2007, No. 862, § 4.