28-65-218. Temporary guardian.

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 has the care and custody of the ward, and the director of any agency from which the respondent is receiving services; (5) The Department of Human Services when the temporary guardian appointed serves as guardian of five (5) or more 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 ward; 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; or (C) Any other person designated by the court. (c) The notice shall include: (1) A copy of the petition; (2) A copy of the temporary order and order of appointment; (3) Notice of a hearing date; and (4) A statement of rights as provided in § 28-65-207(b)(1). (d) If the ward 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 shall be according to the Arkansas Rules of Civil Procedure or as otherwise provided by the court. (e) Notice need not be given to any person listed in § 28-65-207(a)(1)-(6). (f) Within three (3) working days of the entry of the temporary guardianship order, a full hearing on the merits shall be held. (g) The appointment may be to perform duties respecting specific property or to perform particular acts, as stated in the order of appointment. (h) The temporary guardian shall make such reports as the court shall direct and shall account to the court upon termination of his or her authority. (i) In other respects, the provisions of this chapter concerning guardians shall apply to temporary guardians, and an appeal may be taken from the order of appointment of a temporary guardian. (j) The letters issued to a temporary guardian shall state the date of expiration of the authority of the temporary guardian.