Browse Arkansas Code titles and sections
28-65-212. Evaluations.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-212. Evaluations.
(a)(1) A professional evaluation shall be performed prior to the court hearing on any petition for guardianship except when appointment is being made because of minority, disappearance, detention, or confinement by a foreign power or pursuant to § 28-65-218.
(2) The evaluation shall be performed by a professional or professionals with expertise appropriate for the respondent's alleged incapacity.
(b) The evaluation shall include the following:
(1) The respondent's medical and physical condition;
(2) His or her adaptive behavior;
(3) His or her intellectual functioning; and
(4) Recommendation as to the specific areas for which assistance is needed and the least restrictive alternatives available.
(c)(1) If no professional evaluations performed within the last six (6) months are available, the court will order an independent evaluation.
(2) If the petition is granted, the cost of the independent evaluation will be borne by the estate of the incapacitated person. In the event the petition is denied, the costs will be borne by the petitioner.
(d)(1) The Department of Human Services shall not be ordered by any court, except the juvenile division of the circuit court, to gather records, investigate the respondent's condition, or help arrange for appropriate professional evaluations, unless the court has first determined all parties to the proceeding to be indigent and assistance provided by the department is limited to actions within the State of Arkansas.
(2) The department shall issue rules to implement this provision.
(e) Any existing evaluations made by the department of which the court has notice must be considered by the court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-212
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:28-65-212
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2c207a3a5388e65e9747315c3f7ace6c9198f31cf6f01a46db02cd12ab6e6de8
Source location: content.xml paragraph 8783
Stored source content
28-65-212. Evaluations.
(a)(1) A professional evaluation shall be performed prior to the court hearing on any petition for guardianship except when appointment is being made because of minority, disappearance, detention, or confinement by a foreign power or pursuant to § 28-65-218.
(2) The evaluation shall be performed by a professional or professionals with expertise appropriate for the respondent's alleged incapacity.
(b) The evaluation shall include the following:
(1) The respondent's medical and physical condition;
(2) His or her adaptive behavior;
(3) His or her intellectual functioning; and
(4) Recommendation as to the specific areas for which assistance is needed and the least restrictive alternatives available.
(c)(1) If no professional evaluations performed within the last six (6) months are available, the court will order an independent evaluation.
(2) If the petition is granted, the cost of the independent evaluation will be borne by the estate of the incapacitated person. In the event the petition is denied, the costs will be borne by the petitioner.
(d)(1) The Department of Human Services shall not be ordered by any court, except the juvenile division of the circuit court, to gather records, investigate the respondent's condition, or help arrange for appropriate professional evaluations, unless the court has first determined all parties to the proceeding to be indigent and assistance provided by the department is limited to actions within the State of Arkansas.
(2) The department shall issue rules to implement this provision.
(e) Any existing evaluations made by the department of which the court has notice must be considered by the court.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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.