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28-65-106. Rights of incapacitated persons.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-106. Rights of incapacitated persons.
(a) A ward is not presumed to be incompetent and retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted by order to the guardian by the court.
(b)(1) A ward retains the right to communicate, visit, or interact with any person of the ward's choice.
(2) If a ward is unable to give express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the consent of the ward may be presumed by a guardian or a court based on the ward's prior relationship with the person seeking communication, visitation, or interaction with the ward.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-106
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-65-106
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 550e00b1512cb226df9998ac14bf634e423db353bf2fbc4a7c93e8594a73cd14
Source location: content.xml paragraph 8229
Stored source content
28-65-106. Rights of incapacitated persons.
(a) A ward is not presumed to be incompetent and retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted by order to the guardian by the court.
(b)(1) A ward retains the right to communicate, visit, or interact with any person of the ward's choice.
(2) If a ward is unable to give express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the consent of the ward may be presumed by a guardian or a court based on the ward's prior relationship with the person seeking communication, visitation, or interaction with the ward.
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