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 66 - UNIFORM VETERANS' GUARDIANSHIP ACT (§§ 28-66-101 — 28-66-124) › Section 28-66-104 - Limitation on number of wards

No person other than a bank or trust company shall be guardian of more than five (5) wards at one (1) time, unless all the wards are members of one (1) family.
Upon presentation of a petition by an attorney of the Veterans' Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five (5) wards as herein provided and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him from guardianships in excess of five (5) and forthwith appoint a successor.
Acts 1943, No. 177, § 4; A.S.A. 1947, § 57-504.
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 28-66-105 - Appointment of guardians

(1)
A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thirty (30) days after the mailing of notice by the Veterans' Administration to the last known address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this state.
(2)
The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans' Administration and shall set forth the amount of moneys then due and the amount of probable future payments.
(3)
The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation, and address of the proposed guardian, and, if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian.
Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.
(4)
In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent by the Veterans' Administration on examination in accordance with the laws and regulations governing the Veterans' Administration.
Acts 1943, No. 177, § 5; A.S.A. 1947, § 57-505.
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 28-66-106 - Evidence of necessity for guardian for infant

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans' Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Veterans' Administration, shall be prima facie evidence of the necessity for such appointment.
Acts 1943, No. 177, § 6; A.S.A. 1947, § 57-506.
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 28-66-107 - Evidence of necessity for guardian for incompetent

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative that such person has been rated incompetent by the Veterans' Administration on examination in accordance with the laws and regulations governing such Veterans' Administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such ward by the Veterans' Administration shall be prima facie evidence of the necessity for such appointment.
Acts 1943, No. 177, § 7; A.S.A. 1947, § 57-507.
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 28-66-108 - Notice

Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this state, and also to the Veterans' Administration as provided by this chapter.
Acts 1943, No. 177, § 8; A.S.A. 1947, § 57-508.
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 28-66-109 - Bond

(1)
Upon the appointment of a guardian, he shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. The court may from time to time require the guardian to file an additional bond.
(2)
Where a bond is tendered by a guardian with personal sureties, there shall be at least two (2) such sureties, and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his debts and liabilities and the aggregate of other bonds on which he is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.
Acts 1943, No. 177, § 9; A.S.A. 1947, § 57-509.
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 28-66-111 - Penalty for failure to account

If any guardian shall fail to file with the court any account as required by this chapter, or by an order of the court, when any account is due, or within thirty (30) days after citation issues as provided by law, or shall fail to furnish the United States Department of Veterans Affairs a true copy of any account, petition, or pleading as required by this chapter, or fail to disclose the payment of interest on any loan or debt, such failure may in the discretion of the court be ground for his removal.
Acts 1943, No. 177, § 11; A.S.A. 1947, § 57-511; Acts 2005, No. 658, § 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 66 - UNIFORM VETERANS' GUARDIANSHIP ACT (§§ 28-66-101 — 28-66-124) › Section 28-66-112 - Compensation of guardians

Compensation payable to guardians shall be based upon services rendered and shall not exceed six percent (6%) of the amount of moneys received during the period covered by the account, provided that during any period in which benefits are not being paid for a ward, then compensation to guardians may instead be calculated on a basis not to exceed one percent (1%) of the market value of the estate of the ward per annum. In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon may authorize reasonable additional compensation therefor. A copy of the petition and notice of hearing thereon shall be given the proper office of the Department of Veterans Affairs in the manner provided in the case of hearing on a guardian's account or other pleading. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.
Acts 1943, No. 177, § 12; A.S.A. 1947, § 57-512; Acts 1995, No. 503, § 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 66 - UNIFORM VETERANS' GUARDIANSHIP ACT (§§ 28-66-101 — 28-66-124) › Section 28-66-114 - Maintenance and support

A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse, and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the proper office of the Veterans' Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading.
Acts 1943, No. 177, § 14; A.S.A. 1947, § 57-514.
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 28-66-115 - Purchase of home for ward

(1)
The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or (if he is not a minor) as a home for his dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the United States Department of Veterans Affairs and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account. As used in this subdivision (1), "no interest" means that a guardian should not even have a mortgage lien interest in the real estate purchased as a home for the ward.
(2)
Before authorizing such investment, the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This section does not limit the right of the guardian on behalf of his ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with cotenants of the ward for a partition in kind, or to purchase from cotenants the entire undivided interest held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.
Acts 1943, No. 177, § 15; A.S.A. 1947, § 57-515; Acts 2005, No. 658, § 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 66 - UNIFORM VETERANS' GUARDIANSHIP ACT (§§ 28-66-101 — 28-66-124) › Section 28-66-116 - Copies of public records to be furnished

When a copy of any public record is required by the Veterans' Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans' Administration, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the authorized representative of the Veterans' Administration with a certified copy of such record.
Acts 1943, No. 177, § 16; A.S.A. 1947, § 57-516.
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 28-66-117 - Discharge of guardian and release of sureties

In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans' Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans' Administration upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered his competency. Upon hearing after notice as provided by this chapter and the determination by the court that the ward has attained majority or has recovered his competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the Veterans' Administration, as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him from the guardian, the guardian shall be discharged and his sureties released.
Acts 1943, No. 177, § 17; A.S.A. 1947, § 57-517.
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 28-66-119 - Liberal construction

This chapter shall be so construed to make uniform the law of these states which enact it.
Acts 1943, No. 177, § 19; A.S.A. 1947, § 57-519.
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 28-66-120 - Short title

This chapter may be cited as the "Uniform Veterans' Guardianship Act."
Acts 1943, No. 177, § 20; A.S.A. 1947, § 57-520.
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 28-66-121 - Severability

If any provision of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Acts 1943, No. 177, § 21; A.S.A. 1947, § 57-520n.
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 28-66-122 - Modification of prior laws

All acts or parts of acts relating to beneficiaries of the Veterans' Administration inconsistent with this chapter are hereby repealed, especially §§ 6318 to 6337 inclusive of Pope's Digest of the Statutes of Arkansas, and Act 283 of 1941. Except where inconsistent with this chapter, the laws of this state relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to such beneficiaries and their estates.
Acts 1943, No. 177, § 22; A.S.A. 1947, § 57-521.
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 28-66-123 - Application of chapter

The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate" as defined in §
28-66-101
whether the guardian shall have been appointed under this chapter or under any other law of this state, special or general, prior or subsequent to the enactment hereof.
Acts 1943, No. 177, § 23; A.S.A. 1947, § 57-522.
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 28-66-124 - Time of taking effect

This chapter shall take effect from and after June 10, 1943.
Acts 1943, No. 177, § 24; A.S.A. 1947, § 57-522n.
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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-101 - Chapter cumulative

The provisions of this chapter shall be cumulative to the Probate Code. Nothing in this chapter shall amend or repeal related statutes pertaining to the appointment of guardians of the estate of incompetents.
Acts 1975, No. 372, § 10; A.S.A. 1947, § 57-709n.
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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-102 - Jurisdiction of the court

(a)
All laws relative to the jurisdiction of the circuit court over the estate of a person under guardianship as an incompetent person, including the investment, management, sale, or mortgage of his or her property and the payment of his or her debts, shall be applicable to the estate of a person under conservatorship.
(b)
Court jurisdiction for adult guardianship actions, excluding proceedings under the Adult Custody Maltreatment Act, §
9-20-101
et seq., and conservatorship actions 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.
(c)
The appropriate jurisdiction for an adult guardianship action under the Adult Custody Maltreatment 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.
Acts 1975, No. 372, § 6; A.S.A. 1947, § 57-706; Acts 2011, No. 159, § 5.
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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-103 - Petition for appointment

A hearing may be had upon a petition for appointment of a conservator when:
(1)
It is represented to the circuit court, upon verified petition of any person or any relative or friend, that a person is an inhabitant or resident of the county and by reason of advanced age or physical disability is unable to manage his or her property; and
(2)
The person, if not himself or herself the petitioner, voluntarily consents to the granting of the petition and, if able to attend, is produced before the court at the hearing.
Acts 1975, No. 372, § 1; A.S.A. 1947, § 57-701.
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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-104 - Notice of hearing

Notice of a hearing in a conservatorship proceeding shall be served upon the following who do not appear or in writing waive notice of hearing:
(1)
The spouse, if any, of the person in question;
(2)
If there is no known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the person in question; and
(3)
Any other person designated by the court.
Acts 1975, No. 372, § 2; A.S.A. 1947, § 57-702.
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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-105 - Appointment

If, after a full hearing and examination upon the petition, it appears to the circuit court that the person in question is by reason of advanced age or physical disability unable to manage his or her property, the circuit court may appoint a conservator of his or her estate.
Acts 1975, No. 372, § 3; A.S.A. 1947, § 57-703.
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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-106 - Persons ineligible as conservator

No person shall be appointed conservator of an estate who would be ineligible to act as guardian of the ward in such a case.
Acts 1975, No. 372, § 4; A.S.A. 1947, § 57-704.
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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-107 - Management of estate - Bond

(a)
Every conservator appointed as provided in this chapter shall have the care, custody, and management of the estate of his or her ward until he or she is legally discharged.
(b)
He or she must give bond to the State of Arkansas in like manner and with like conditions as provided for guardians of incompetent persons. However, the court may dispense with bond if the conservator is a bank or a trust company whose deposits are insured by the Federal Deposit Insurance Corporation or a trust company chartered and regulated by appropriate state authority.
Acts 1975, No. 372, § 5; A.S.A. 1947, § 57-705; Acts 1999, No. 635, § 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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-108 - Powers and duties

A conservator shall have the same powers and duties, except as to the custody of the person, as a guardian of an incompetent person.
Acts 1975, No. 372, § 6; A.S.A. 1947, § 57-706.
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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-109 - Discharge

(a)
A conservator may be discharged by the court upon the application of the ward or, otherwise, upon such notice to the conservator and next of kin of the ward as the court may determine reasonable and proper when it appears that the conservatorship is no longer necessary.
(b)
In the event of death, resignation, or removal of a conservator, the court, on the application of the former ward and upon such notice to the next of kin of the ward as the court may order, may certify that the ward is discharged by operation of law if it appears that the conservatorship of the ward is no longer necessary.
Acts 1975, No. 372, § 7; A.S.A. 1947, § 57-707.
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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-110 - Compensation

The conservator shall receive as compensation for his or her services the compensation provided by law for guardians.
Acts 1975, No. 372, § 8; A.S.A. 1947, § 57-708.
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 67 - CONSERVATORS FOR THE AGED AND DISABLED (§§ 28-67-101 — 28-67-111) › Section 28-67-111 - Subsequent appointment of guardian - Effect

Any subsequent appointment of a guardian of the ward as an incompetent person shall be an appointment as guardian of the person, only, of the ward and shall not include the appointment of the guardian of the estate of the ward or in any manner affect the custody, management, and the handling of the estate of the ward by the conservator so long as the conservatorship proceedings are pending.
Acts 1975, No. 372, § 9; A.S.A. 1947, § 57-709.
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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-101 - Short title

This chapter shall be known and may be cited as the Uniform Power of Attorney Act.
Acts 1981, No. 659, § 4; A.S.A. 1947, § 58-704; Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-103 - Applicability

This chapter applies to all powers of attorney except:
(1)
a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2)
a power to make health-care decisions;
(3)
a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(4)
a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-104 - Power of attorney is durable

A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-105 - Execution of power of attorney

A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-106 - Validity of power of attorney

(a)
A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with §
28-68-105
.
(b)
A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time of execution.
(c)
A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(1)
the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to §
28-68-107
; or
(2)
the requirements for a military power of attorney pursuant to
10 U.S.C. Section 1044b
, as it existed on January 1, 2011.
(d)
Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-107 - Meaning and effect of power of attorney

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-108 - Nomination of guardian - Relation of agent to court-appointed fiduciary

(a)
In a power of attorney, a principal may nominate a guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(b)
If, after a principal executes a power of attorney, a court appoints a guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-109 - When power of attorney effective

(a)
A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b)
If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c)
If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(1)
a physician or licensed psychologist that the principal is incapacitated within the meaning of §
28-68-102(5)(A)
; or
(2)
an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of §
28-68-102(5)(B)
.
(d)
A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act,
42 U.S.C. Section 1320d
, as it existed on January 1, 2011, and applicable regulations, to obtain access to the principal's health-care information and communicate with the principal's health-care provider.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-110 - Termination of power of attorney or agent's authority

(a)
A power of attorney terminates when:
(1)
the principal dies;
(2)
the principal becomes incapacitated, if the power of attorney is not durable;
(3)
the principal revokes the power of attorney;
(4)
the power of attorney provides that it terminates;
(5)
the purpose of the power of attorney is accomplished; or
(6)
the principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(b)
An agent's authority terminates when:
(1)
the principal revokes the authority;
(2)
the agent dies, becomes incapacitated, or resigns;
(3)
an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
(4)
the power of attorney terminates.
(c)
Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.
(d)
Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(e)
Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(f)
The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-111 - Coagents and successor agents

(a)
A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.
(b)
A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(1)
has the same authority as that granted to the original agent; and
(2)
may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(c)
Except as otherwise provided in the power of attorney and subsection (d), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(d)
An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-112 - Reimbursement and compensation of agent

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-113 - Agent's acceptance

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-115 - Exoneration of agent

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(1)
relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2)
was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-116 - Judicial relief

(a)
The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:
(1)
the principal or the agent;
(2)
a guardian, conservator, or other fiduciary acting for the principal;
(3)
a person authorized to make health-care decisions for the principal;
(4)
the principal's spouse, parent, or descendant;
(5)
an individual who would qualify as a presumptive heir of the principal;
(6)
a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(7)
a governmental agency having regulatory authority to protect the welfare of the principal;
(8)
the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(9)
a person asked to accept the power of attorney.
(b)
Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-117 - Agent's liability

An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to:
(1)
restore the value of the principal's property to what it would have been had the violation not occurred; and
(2)
reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-118 - Agent's resignation - Notice

Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1)
to the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or
(2)
if there is no person described in paragraph (1), to:
(A)
the principal's caregiver;
(B)
another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
(C)
a governmental agency having authority to protect the welfare of the principal.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-119 - Acceptance of and reliance upon acknowledged power of attorney

(a)
For purposes of this section and §
28-68-120
, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements.
(b)
A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under §
28-68-105
that the signature is genuine.
(c)
A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
(d)
A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
(1)
an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(2)
an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(3)
an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(e)
An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.
(f)
For purposes of this section and §
28-68-120
, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
Acts 2011, No. 805, § 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 68 - UNIFORM POWER OF ATTORNEY ACT (§§ 28-68-101 — 28-68-406) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-68-101 — 28-68-123) › Section 28-68-120 - Liability for refusal to accept acknowledged statutory form power of attorney

(a)
In this section, "statutory form power of attorney" means a power of attorney substantially in the form provided in §
28-68-301
or that meets the requirements for a military power of attorney pursuant to
10 U.S.C. Section 1044b
, as it existed on January 1, 2011.
(b)
Except as otherwise provided in subsection (c):
(1)
a person shall either accept an acknowledged statutory form power of attorney or request a certification, a translation, or an opinion of counsel under §
28-68-119(d)
no later than seven business days after presentation of the power of attorney for acceptance;
(2)
if a person requests a certification, a translation, or an opinion of counsel under §
28-68-119(d)
, the person shall accept the statutory form power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and
(3)
a person may not require an additional or different form of power of attorney for authority granted in the statutory form power of attorney presented.
(c)
A person is not required to accept an acknowledged statutory form power of attorney if:
(1)
the person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2)
engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
(3)
the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(4)
a request for a certification, a translation, or an opinion of counsel under §
28-68-119(d)
is refused;
(5)
the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under §
28-68-119(d)
has been requested or provided; or
(6)
the person makes, or has actual knowledge that another person has made, a report to the Department of Human Services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(d)
A person that refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to:
(1)
a court order mandating acceptance of the power of attorney; and
(2)
liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
Acts 2011, No. 805, § 1.