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28-65-101. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-101. Definitions.
As used in this chapter:
(1) “Essential requirements for health or safety” means the health care, food, shelter, clothing, and protection without which serious illness or serious physical injury will occur;
(2) “Evaluation” means a professional assessment of the abilities of the respondent and the impact of any impairments on the individual's capability to meet the essential requirements for his or her health or safety or to manage his or her estate;
(3) “Guardian” means one appointed by a court to have the care and custody of the person or of the estate, or of both, of an incapacitated person;
(4) “Guardian ad litem” means one appointed by a court in which a particular proceeding is pending to represent a ward or an unborn person in that proceeding;
(5)(A) “Incapacitated person” means a person who is impaired by reason of a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate.
(B) “Incapacitated person” includes an endangered adult or impaired adult as defined in § 9-20-103, who is in the custody of the Department of Human Services.
(C) Nothing in this chapter shall be construed to mean a person is incapacitated for the sole reason he or she relies consistently on treatment by spiritual means through prayer alone for healing in accordance with his or her religious tradition and is being furnished such treatment;
(6) “Least restrictive alternative” means the form of assistance that least interferes with the legal capacity of the respondent to act in his or her own behalf;
(7
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-101
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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Stable record: arkansas_code:legal_authorities:28-65-101
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 496e66b1d95c5540a30684697b2738dbe89e98497ad1a7522d2003f6c03fc9da
Source location: content.xml paragraph 8106
Stored source content
28-65-101. Definitions.
As used in this chapter:
(1) “Essential requirements for health or safety” means the health care, food, shelter, clothing, and protection without which serious illness or serious physical injury will occur;
(2) “Evaluation” means a professional assessment of the abilities of the respondent and the impact of any impairments on the individual's capability to meet the essential requirements for his or her health or safety or to manage his or her estate;
(3) “Guardian” means one appointed by a court to have the care and custody of the person or of the estate, or of both, of an incapacitated person;
(4) “Guardian ad litem” means one appointed by a court in which a particular proceeding is pending to represent a ward or an unborn person in that proceeding;
(5)(A) “Incapacitated person” means a person who is impaired by reason of a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate.
(B) “Incapacitated person” includes an endangered adult or impaired adult as defined in § 9-20-103, who is in the custody of the Department of Human Services.
(C) Nothing in this chapter shall be construed to mean a person is incapacitated for the sole reason he or she relies consistently on treatment by spiritual means through prayer alone for healing in accordance with his or her religious tradition and is being furnished such treatment;
(6) “Least restrictive alternative” means the form of assistance that least interferes with the legal capacity of the respondent to act in his or her own behalf;
(7) “Limited guardian” means one whose powers and authority have been limited to the specific powers, authorities, and duties set forth in the order of appointment;
(8) “Professional” means a physician, licensed psychologist, or licensed certified social worker with training, experience, and knowledge of the particular alleged disability of the respondent;
(9) “Relative” means the spouse, child, grandchild, parent, grandparent, or sibling of a ward;
(10) “Temporary guardian” means a guardian appointed pursuant to § 28-65-218; and
(11) “Ward” means an incapacitated person for whom a guardian has been appointed.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-218. Temporary guardian.
(a)(1) Except as provided under subdivision (a)(2) of this section, if the court finds that there is imminent danger to the life or health of the incapacitated person or of loss, damage, or waste to the property of an incapacitated person and that this requires the immediate appointment of a guardian of his or her person or estate, or both, the court may, with or without notice, appoint a temporary guardian for the incapacitated person for a specified period, which period, including all extensions, shall not exceed ninety (90) days, and the court may remove or discharge him or her or terminate the guardianship.
(2)(A) If the incapacitated person is a minor, the initial period for the appointment of a temporary guardian shall be for a period not to exceed ninety (90) days.
(B)(i) However, on or before the expiration of the ninety-day period, the court may extend the temporary guardianship for an additional period not to exceed ninety (90) days if the court finds after a hearing on the merits that there remains imminent danger to the life or health of the minor if the temporary guardianship is not extended.
(ii) Notice of the hearing shall be given before the hearing as required by subsections (b)-(d) of this section. However, notice is not required with respect to a person whose whereabouts are unknown or cannot by the exercise of reasonable diligence be ascertained.
(b) Immediate notice of the temporary guardianship order shall be served by the petitioner upon the following:
(1) The ward, if over fourteen (14) years of age;
(2) The parents of the ward, if the ward is a minor;
(3) The spouse, if any, of the ward;
(4) Any other person who is the guardian of the person or of the estate of the ward, or any other person who ha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-218
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 28-65-218. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-20-103. Definitions.
As used in this chapter:
(1)(A) “Abuse” means with regard to any long-term care facility resident or any person who is at the Arkansas State Hospital an act by a caregiver that falls into any of the following categories:
(i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered adult or an impaired adult, excluding court-ordered medical care or medical care requested by an endangered adult, an impaired adult, or a person who is legally authorized to make a medical decision on behalf of an endangered adult or an impaired adult;
(ii) Any intentional act that a reasonable person would believe subjects an endangered adult or an impaired adult, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care;
(iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered adult or an impaired adult except in the course of medical treatment or for justifiable cause; or
(iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.
(B) “Abuse” means with regard to any person who is not a long-term care facility resident or at the Arkansas State Hospital:
(i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered adult or an impaired adult;
(ii) Any intentional act that a reasonable person would believe subjects an endangered adult or an impaired adult, regardless of age, ability to comprehend, or
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-20-103
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 9-20-103. This identifies an authority to review, not proof of applicability.