28-65-213. Hearing — Effect of determinations.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-65-213. Hearing — Effect of determinations.

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. A text match is a research starting point; applicability is not established.