Browse Arkansas Code titles and sections
20-6-115. Court jurisdiction.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-6-115. Court jurisdiction.
(a) A court of competent jurisdiction may enjoin or direct a healthcare decision or order other equitable relief on a petition of:
(1) A principal;
(2) A principal's agent, guardian, or surrogate;
(3) A healthcare provider or healthcare institution involved with the principal's care; or
(4) An individual described in § 20-6-106(b).
(b) A proceeding under this section shall be expedited on the court's civil dockets.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-6-115
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-6-115
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6d683ff38c429ab6a65e78273fe1f056de95bb3e3395f7111c0ec064a8d185dc
Source location: content.xml paragraph 622
Stored source content
20-6-115. Court jurisdiction.
(a) A court of competent jurisdiction may enjoin or direct a healthcare decision or order other equitable relief on a petition of:
(1) A principal;
(2) A principal's agent, guardian, or surrogate;
(3) A healthcare provider or healthcare institution involved with the principal's care; or
(4) An individual described in § 20-6-106(b).
(b) A proceeding under this section shall be expedited on the court's civil dockets.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-6-106. Authority of surrogate.
(a)(1) A surrogate shall make a healthcare decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the surrogate.
(2)(A) Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the principal's best interest.
(B) In determining the principal's best interest, the surrogate shall consider the principal's personal values to the extent known to the surrogate or agent.
(b) A surrogate who has not been designated by the principal may make all healthcare decisions for the principal that the principal could make on the principal's own behalf, except that artificial nutrition and hydration may be withheld or withdrawn for a principal upon a decision of the surrogate only if:
(1) The action is authorized by the a living will or other written advance directive; or
(2) The supervising healthcare provider and a second independent physician certify in the principal's current clinical records that:
(A) The provision or continuation of artificial nutrition or hydration is merely prolonging the act of dying; and
(B) The principal is highly unlikely to regain capacity to make medical decisions.
(c) A healthcare decision made by a surrogate or agent for a principal is effective without judicial approval.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-6-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-6-106. This identifies an authority to review, not proof of applicability.