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28-65-302. Decisions requiring court approval.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-302. Decisions requiring court approval.
(a)(1) No guardian appointed prior to October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval:
(A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;
(B) Consent to withholding life-saving treatment;
(C) Authorize experimental medical procedures;
(D) Authorize termination of parental rights;
(E) Prohibit the incapacitated person from voting;
(F) Prohibit the incapacitated person from obtaining a driver's license; or
(G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.
(2) No guardian appointed on or after October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval:
(A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;
(B) Consent to withholding life-saving treatment;
(C) Authorize experimental medical procedures;
(D) Authorize termination of parental rights;
(E) Authorize an incapacitated person to vote;
(F) Prohibit the incapacitated person from obtaining a driver's license; or
(G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.
(b) However, the provisions of subdivision (a)(2) of this section shall not apply to written requests under § 20-17-214.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-302
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:28-65-302
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a1670075919c44ac6e08c1f966b454c801524acd3312df4726eb61b982d814df
Source location: content.xml paragraph 9105
Stored source content
28-65-302. Decisions requiring court approval.
(a)(1) No guardian appointed prior to October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval:
(A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;
(B) Consent to withholding life-saving treatment;
(C) Authorize experimental medical procedures;
(D) Authorize termination of parental rights;
(E) Prohibit the incapacitated person from voting;
(F) Prohibit the incapacitated person from obtaining a driver's license; or
(G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.
(2) No guardian appointed on or after October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval:
(A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;
(B) Consent to withholding life-saving treatment;
(C) Authorize experimental medical procedures;
(D) Authorize termination of parental rights;
(E) Authorize an incapacitated person to vote;
(F) Prohibit the incapacitated person from obtaining a driver's license; or
(G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.
(b) However, the provisions of subdivision (a)(2) of this section shall not apply to written requests under § 20-17-214.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-214. Who may execute written request for another.
(a) If any person is a minor or an adult where a valid declaration does not exist and a healthcare proxy has not been designated and who, in the opinion of the attending physician, is no longer able to make healthcare decisions, then the declaration may be executed in the same form on his or her behalf by the first of the following individuals or category of individuals who exist and are reasonably available for consultation:
(1) A legal guardian of the patient, if one has been appointed;
(2) In the case of an unmarried patient under the age of eighteen (18), the parents of the patient;
(3) The patient's spouse;
(4) The patient's adult child or, if there is more than one (1), then a majority of the patient's adult children participating in the decision;
(5) The parents of a patient over the age of eighteen (18);
(6) The patient's adult sibling or, if there is more than one (1), then a majority of the patient's adult siblings participating in the decision;
(7) Persons standing in loco parentis to the patient; or
(8) A majority of the patient's adult heirs at law who participate in the decision.
(b)(1) Even if an advance directive that includes a directive to withhold nutrition or hydration, or both, is signed by a person under this section, if the terminally ill patient requests nutrition or hydration, his or her wishes shall be honored.
(2) Unless the use of artificial means is specifically requested, a patient's request for nutrition or hydration, or both, shall not be honored by use of artificial means if doing so would require the insertion of any apparatus into the patient's body.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-214
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 20-17-214. This identifies an authority to review, not proof of applicability.