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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 2 - JURISDICTION (§§ 28-74-201 — 28-74-209) › Section 28-74-201 - Definitions - Significant connection factors

(a)
In this subchapter:
(1)
"Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;
(2)
"Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(3)
"Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b)
In determining under §§
28-74-203
and
28-74-301(e)
whether a respondent has a significant connection with a particular state, the court shall consider:
(1)
the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2)
the length of time the respondent at any time was physically present in the state and the duration of any absence;
(3)
the location of the respondent's property; and
(4)
the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 2 - JURISDICTION (§§ 28-74-201 — 28-74-209) › Section 28-74-202 - Exclusive basis

This subchapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 2 - JURISDICTION (§§ 28-74-201 — 28-74-209) › Section 28-74-203 - Jurisdiction

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1)
this state is the respondent's home state;
(2)
on the date the petition is filed, this state is a significant-connection state and:
(A)
the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B)
the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i)
a petition for an appointment or order is not filed in the respondent's home state;
(ii)
an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii)
the court in this state concludes that it is an appropriate forum under the factors set forth in §
28-74-206
;
(3)
this state does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4)
the requirements for special jurisdiction under §
28-74-204
are met.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 2 - JURISDICTION (§§ 28-74-201 — 28-74-209) › Section 28-74-204 - Special jurisdiction

(a)
A court of this state lacking jurisdiction under §
28-74-203(1)
-(3) has special jurisdiction to do any of the following:
(1)
appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;
(2)
issue a protective order with respect to real or tangible personal property located in this state;
(3)
appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to §
28-74-301
.
(b)
If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
(c)
(1)
A court of this state lacking jurisdiction under §
28-74-203(1)
-(3) has special jurisdiction regarding maltreated adults, as defined under §
9-20-103
, when the maltreated adult is present in Arkansas or the maltreatment occurred in Arkansas and the Department of Human Services takes emergency custody of the maltreated adult or files a petition under the Adult Custody Maltreatment Act, §
9-20-101
et seq.
(2)
Special jurisdiction shall continue, and any orders issued shall remain in effect until an order is obtained from a court of a state having jurisdiction over the maltreatment matter.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 2 - JURISDICTION (§§ 28-74-201 — 28-74-209) › Section 28-74-205 - Exclusive and continuing jurisdiction

Except as otherwise provided in §
28-74-204
, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 2 - JURISDICTION (§§ 28-74-201 — 28-74-209) › Section 28-74-206 - Appropriate forum

(a)
A court of this state having jurisdiction under §
28-74-203
to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b)
If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c)
In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1)
any expressed preference of the respondent;
(2)
whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3)
the length of time the respondent was physically present in or was a legal resident of this or another state;
(4)
the distance of the respondent from the court in each state;
(5)
the financial circumstances of the respondent's estate;
(6)
the nature and location of the evidence;
(7)
the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8)
the familiarity of the court of each state with the facts and issues in the proceeding; and
(9)
if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 2 - JURISDICTION (§§ 28-74-201 — 28-74-209) › Section 28-74-207 - Jurisdiction declined by reason of conduct

(a)
If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1)
decline to exercise jurisdiction;
(2)
exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3)
continue to exercise jurisdiction after considering:
(A)
the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B)
whether it is a more appropriate forum than the court of any other state under the factors set forth in §
28-74-206(c)
; and
(C)
whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of §
28-74-203
.
(b)
If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 2 - JURISDICTION (§§ 28-74-201 — 28-74-209) › Section 28-74-208 - Notice of proceeding

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state, except that in a proceeding under the Adult Custody Maltreatment Act, §
9-20-101
et seq., the Department of Human Services shall provide only the notice required by the Adult Custody Maltreatment Act, §
9-20-101
et seq. The notice must be given in the same manner as notice is required to be given in this state.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 2 - JURISDICTION (§§ 28-74-201 — 28-74-209) › Section 28-74-209 - Proceedings in more than one state

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under §
28-74-204(a)(1) or (2)
or §
28-74-204(c)
, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1)
If the court in this state has jurisdiction under §
28-74-203
, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to §
28-74-203
before the appointment or issuance of the order.
(2)
If the court in this state does not have jurisdiction under §
28-74-203
, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 3 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP (§§ 28-74-301 — 28-74-302) › Section 28-74-301 - Transfer of guardianship or conservatorship to another state

(a)
A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(b)
Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c)
On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d)
The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1)
the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2)
an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3)
plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e)
The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1)
the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in §
28-74-201(b)
;
(2)
an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3)
adequate arrangements will be made for management of the protected person's property.
(f)
The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1)
a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to §
28-74-302
; and
(2)
the documents required to terminate a guardianship or conservatorship in this state.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 3 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP (§§ 28-74-301 — 28-74-302) › Section 28-74-302 - Accepting guardianship or conservatorship transferred from another state

(a)
To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to §
28-74-301
, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(b)
Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(c)
On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d)
The court shall issue an order provisionally granting a petition filed under subsection (a) unless:
(1)
an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(2)
the guardian or conservator is ineligible for appointment in this state.
(e)
The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to §
28-74-301
transferring the proceeding to this state.
(f)
Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(g)
In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
(h)
The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under the Adult Maltreatment Custody Act, §
9-20-101
et seq., §
28-65-201
et seq., the Uniform Veterans' Guardianship Act, §
28-66-101
et seq., and §
28-67-101
et seq. if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES (§§ 28-74-401 — 28-74-403) › Section 28-74-401 - Registration of guardianship orders

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES (§§ 28-74-401 — 28-74-403) › Section 28-74-402 - Registration of protective orders

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES (§§ 28-74-401 — 28-74-403) › Section 28-74-403 - Effect of registration

(a)
Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(b)
A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 5 - MISCELLANEOUS PROVISIONS (§§ 28-74-501 — 28-74-505) › Section 28-74-501 - 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 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 5 - MISCELLANEOUS PROVISIONS (§§ 28-74-501 — 28-74-505) › Section 28-74-502 - Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
et seq., but does not modify, limit, or supersede Section 101(c) of that act,
15 U.S.C. Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 U.S.C. Section 7003(b)
.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 5 - MISCELLANEOUS PROVISIONS (§§ 28-74-501 — 28-74-505) › Section 28-74-504 - Transitional provision

(a)
This act applies to guardianship and protective proceedings begun on or after January 1, 2012.
(b)
Section
28-74-101
et seq., §
28-74-301
et seq., §
28-74-401
et seq., and §§
28-74-501
and
28-74-502
apply to proceedings begun before January 1, 2012, regardless of whether a guardianship or protective order has been issued.
Acts 2011, No. 159, § 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 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505) › Subchapter 5 - MISCELLANEOUS PROVISIONS (§§ 28-74-501 — 28-74-505) › Section 28-74-505 - Effective date

This act takes effect on January 1, 2012.
Acts 2011, No. 159, § 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-101 - Short title

This chapter may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act".
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-103 - Applicability

(a)
This chapter applies to:
(1)
a fiduciary acting under a will or power of attorney executed before, on, or after August 1, 2017;
(2)
a personal representative acting for a decedent who died before, on, or after August 1, 2017;
(3)
a guardianship of the estate proceeding commenced before, on, or after August 1, 2017; and
(4)
a trustee acting under a trust created before, on, or after August 1, 2017.
(b)
This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
(c)
This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-104 - User direction for disclosure of digital assets

(a)
A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b)
If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c)
A user's direction under subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-105 - Terms-of-service agreement

(a)
This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b)
This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or a designated recipient acts or represents.
(c)
A fiduciary's or a designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under §
28-75-104
.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-106 - Procedure for disclosing digital assets

(a)
When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:
(1)
grant a fiduciary or designated recipient full access to the user's account;
(2)
grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3)
provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b)
A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c)
A custodian need not disclose under this chapter a digital asset deleted by a user.
(d)
If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(1)
a subset limited by date of the user's digital assets;
(2)
all of the user's digital assets to the fiduciary or designated recipient;
(3)
none of the user's digital assets; or
(4)
all of the user's digital assets to the court for review in camera.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-107 - Disclosure of content of electronic communications of deceased user

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(1)
a written request for disclosure in physical or electronic form;
(2)
a certified copy of the death certificate of the user;
(3)
a certified copy of Letters Testamentary, Letters of Administration, or a small-estate affidavit or court order;
(4)
unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(5)
if requested by the custodian:
(A)
a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B)
evidence linking the account to the user; or
(C)
a finding by the court that:
(i)
the user had a specific account with the custodian, identifiable by the information specified in subparagraph (5)(A);
(ii)
disclosure of the content of electronic communications of the user would not violate
18 U.S.C. § 2701
et seq., as amended,
47 U.S.C. § 222
, as amended, or other applicable law;
(iii)
unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv)
disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-108 - Disclosure of other digital assets of deceased user

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
(1)
a written request for disclosure in physical or electronic form;
(2)
a certified copy of the death certificate of the user;
(3)
a certified copy of the Letters Testamentary, Letters of Administration, or a small-estate affidavit or court order; and
(4)
if requested by the custodian:
(A)
a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B)
evidence linking the account to the user;
(C)
an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(D)
a finding by the court that:
(i)
the user had a specific account with the custodian, identifiable by the information specified in subparagraph (4)(A); or
(ii)
disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-109 - Disclosure of content of electronic communications of principal

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(1)
a written request for disclosure in physical or electronic form;
(2)
an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3)
a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4)
if requested by the custodian:
(A)
a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(B)
evidence linking the account to the principal.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-110 - Disclosure of other digital assets of principal

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(1)
a written request for disclosure in physical or electronic form;
(2)
an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3)
a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4)
if requested by the custodian:
(A)
a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(B)
evidence linking the account to the principal.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-111 - Disclosure of digital assets held in trust when trustee is original user

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-112 - Disclosure of contents of electronic communications held in trust when trustee not original user

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1)
a written request for disclosure in physical or electronic form;
(2)
a certified copy of the trust instrument or a certification of the trust under §
28-73-1013
that includes consent to disclosure of the content of electronic communications to the trustee;
(3)
a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4)
if requested by the custodian:
(A)
a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(B)
evidence linking the account to the trust.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-113 - Disclosure of other digital assets held in trust when trustee not original user

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1)
a written request for disclosure in physical or electronic form;
(2)
a certified copy of the trust instrument or a certification of the trust under §
28-73-1013
;
(3)
a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4)
if requested by the custodian:
(A)
a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(B)
evidence linking the account to the trust.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-114 - Disclosure of digital assets to guardian of estate

(a)
After an opportunity for a hearing under state guardianship law, the court may grant a guardian of the estate access to the digital assets of a ward.
(b)
Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian of the estate the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the guardian of the estate gives the custodian:
(1)
a written request for disclosure in physical or electronic form;
(2)
a certified copy of the court order that gives the guardian of the estate authority over the digital assets of the ward; and
(3)
if requested by the custodian:
(A)
a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward; or
(B)
evidence linking the account to the ward.
(c)
A guardian of the estate with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian of the estate authority over the ward's property.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-115 - Fiduciary duty and authority

(a)
The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1)
the duty of care;
(2)
the duty of loyalty; and
(3)
the duty of confidentiality.
(b)
A fiduciary's authority with respect to a digital asset of a user:
(1)
except as otherwise provided in §
28-75-104
, is subject to the applicable terms of service;
(2)
is subject to other applicable law, including copyright law;
(3)
in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4)
may not be used to impersonate the user.
(c)
A fiduciary with authority over the property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d)
A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws.
(e)
A fiduciary with authority over the tangible, personal property of a decedent, ward, principal, or settlor:
(1)
has the right to access the property and any digital asset stored in it; and
(2)
is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws.
(f)
A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g)
A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(1)
if the user is deceased, a certified copy of the death certificate of the user;
(2)
a certified copy of the Letters Testamentary, Letters of Administration, small-estate affidavit or court order, power of attorney, trust, or court order giving the fiduciary authority over the account; and
(3)
if requested by the custodian:
(A)
a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B)
evidence linking the account to the user; or
(C)
a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (3)(A).
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-116 - Custodian compliance and immunity

(a)
Not later than 30 days after receipt of the information required under §§
28-75-107
-
28-75-115
, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(b)
An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of
18 U.S.C. § 2702
, as amended.
(c)
A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d)
A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(e)
This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(1)
specifies that an account belongs to the ward or principal;
(2)
specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and
(3)
contains a finding required by law other than this chapter.
(f)
A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
Added by Act 2017, No. 886,§ 1, 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 28 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (§§ 28-75-101 — 28-75-118) › Section 28-75-117 - 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.
Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.