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28-65-207. Notice of hearing for appointment.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-207. Notice of hearing for appointment.
(a) Notice of the hearing for the appointment of a guardian need not be given to any person:
(1) Who has signed the petition;
(2) Who has in writing waived notice of the hearing, except the alleged incapacitated person may not waive notice;
(3) Who actually appears at the hearing;
(4) Whose existence, relationship to the alleged incapacitated person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained;
(5) Other than the alleged incapacitated person, whom the court finds to be beyond the limits of the continental United States or himself or herself incompetent; or
(6) The alleged incapacitated person if the court finds that he or she is detained or confined by a foreign power or has disappeared.
(b) Except as provided in subsection (a) of this section, before the court shall appoint a guardian, other than a temporary guardian, notice of the hearing of the application for the appointment of the guardian shall be served upon the following:
(1) The alleged incapacitated person if over fourteen (14) years of age, and the alleged incapacitated person shall be notified of his or her rights under § 28-65-213. This notice shall be served with the notice of hearing;
(2) The parents of the alleged incapacitated person, if the alleged incapacitated person is a minor;
(3) The spouse, if any, of the alleged incapacitated person;
(4) Any other person who is the guardian of the person or of the estate of the alleged incapacitated person, or any other person who has the care and custody of the alleged incapacitated person, and the director of any agency from which the respondent is receiving services;
(5) The Department of Human Services when the petition seeks appointment of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-207
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:28-65-207
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 507c9b88366a2c97a5d02a898e0e7bb2cea87c0849b910209e8cba3c54e09c4d
Source location: content.xml paragraph 8638
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28-65-207. Notice of hearing for appointment.
(a) Notice of the hearing for the appointment of a guardian need not be given to any person:
(1) Who has signed the petition;
(2) Who has in writing waived notice of the hearing, except the alleged incapacitated person may not waive notice;
(3) Who actually appears at the hearing;
(4) Whose existence, relationship to the alleged incapacitated person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained;
(5) Other than the alleged incapacitated person, whom the court finds to be beyond the limits of the continental United States or himself or herself incompetent; or
(6) The alleged incapacitated person if the court finds that he or she is detained or confined by a foreign power or has disappeared.
(b) Except as provided in subsection (a) of this section, before the court shall appoint a guardian, other than a temporary guardian, notice of the hearing of the application for the appointment of the guardian shall be served upon the following:
(1) The alleged incapacitated person if over fourteen (14) years of age, and the alleged incapacitated person shall be notified of his or her rights under § 28-65-213. This notice shall be served with the notice of hearing;
(2) The parents of the alleged incapacitated person, if the alleged incapacitated person is a minor;
(3) The spouse, if any, of the alleged incapacitated person;
(4) Any other person who is the guardian of the person or of the estate of the alleged incapacitated person, or any other person who has the care and custody of the alleged incapacitated person, and the director of any agency from which the respondent is receiving services;
(5) The Department of Human Services when the petition seeks appointment of a guardian who, at the time the petition is filed, serves as guardian of five (5) or more minor wards;
(6) If there is neither a known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the alleged incapacitated person; and
(7) If directed by the court:
(A) Any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward or his or her estate;
(B) Any department, bureau, agency, or political subdivision of the United States or of this state or any charitable organization, which may be charged with the supervision, control, or custody of the incompetent person; or
(C) Any other person designated by the court.
(c)(1) If the incapacitated person is over fourteen (14) years of age, there shall be personal service upon him or her if personal service can be had. Service on others may be had in any manner provided by § 28-1-112(b) or (e).
(2) The court, for good cause shown, may reduce the number of days of notice, but in every case at least twenty (20) days' notice shall be given.
(3) It shall not be necessary that the person for whom guardianship is sought be represented by a guardian ad litem in the proceedings.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-1-112. Notice — Service — Proof — Costs.
(a) When Notice to Be Given. Notice to interested persons need be given only when and as specifically provided for in the Probate Code or as ordered by the court. When no notice is required by the Probate Code, the court, by rule or by order in a particular case, may require such notice as it deems desirable.
(b) Kinds of Notice Required. Unless waived and except as otherwise provided by law, and subject to rule of the court or order of the court in a particular case specifying which of the following types of service shall be employed, notices required by the Probate Code may be served either:
(1) By delivering a copy personally to a person, if a natural person, and, if a corporation or a partnership, by delivering a copy to an individual upon whom civil process may be legally served in behalf of the corporation or partnership at least ten (10) days prior to the date set for the hearing;
(2) By leaving a copy at the usual place of abode of the person being served with some person over fifteen (15) years of age who is a member of his or her family, the notice to be served by an officer authorized to serve process in civil actions at least ten (10) days prior to the date set for the hearing;
(3) By registered mail, requesting a return receipt signed by addressee only, addressed to the person to be served located in the United States at his or her address stated in the petition for the hearing, to be posted by depositing in any United States Post Office in this state at least fifteen (15) days prior to the date set for the hearing;
(4)(A) By publishing one (1) time a week for two (2) consecutive weeks in a newspaper published and having a general circulation in the county, with the first day of publication to be at
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-1-112
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 28-1-112. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-213. Hearing — Effect of determinations.
(a) At the hearing, the respondent shall have the right to:
(1) Be represented by counsel;
(2) Present evidence on his or her own behalf;
(3) Cross-examine adverse witnesses;
(4) Remain silent;
(5) Be present; and
(6) Require the attendance by subpoena of one (1) or more of the professionals who prepared the evaluation.
(b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of a proper disposition.
(c)(1) If the respondent is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the respondent.
(2) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent, the court may dismiss the action.
(3) If it is found that the respondent is substantially without capacity to care for himself or herself or his or her estate, a guardian for the person or estate, or both shall be appointed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-213
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 28-65-213. This identifies an authority to review, not proof of applicability.