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28-65-702. Public Guardian for Adults — Appointment — Qualifications.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-702. Public Guardian for Adults — Appointment — Qualifications.
(a)(1) The Office of Chief Counsel of the Department of Human Services or the Office of Chief Counsel's designee shall appoint an employee of the Office of Chief Counsel to serve as Public Guardian for Adults.
(2) A prior authorized appointment of a public guardian by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have continuing effect and be relied upon in regard to the public guardian's authority to act on behalf of the ward.
(b)(1) In addition to the qualifications required under § 28-65-203, the public guardian shall:
(A) Hold a degree in law or social work or a related field;
(B) Submit to a criminal background check with satisfactory results as prescribed by the Department of Human Services;
(C) Attend and complete at least twenty (20) hours of training approved by the department; and
(D) Demonstrate competency and ability to carry out the values of the ward.
(2) The Public Guardian for Adults shall devote his or her entire time to the duties of the Office of Public Guardian for Adults.
(c) The Public Guardian for Adults:
(1) May consent or withhold consent to health and long-term care treatment;
(2) Shall advocate for the ward; and
(3) Shall be functionally separate from and share no duties with any department employee whose job it is to prepare and offer services or treatment plans, or both, to any person.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-702
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:28-65-702
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 145c0126fd64e7755002ad64dcfe6d3748d3254184a2f63739c9588aa2767170
Source location: content.xml paragraph 9827
Stored source content
28-65-702. Public Guardian for Adults — Appointment — Qualifications.
(a)(1) The Office of Chief Counsel of the Department of Human Services or the Office of Chief Counsel's designee shall appoint an employee of the Office of Chief Counsel to serve as Public Guardian for Adults.
(2) A prior authorized appointment of a public guardian by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have continuing effect and be relied upon in regard to the public guardian's authority to act on behalf of the ward.
(b)(1) In addition to the qualifications required under § 28-65-203, the public guardian shall:
(A) Hold a degree in law or social work or a related field;
(B) Submit to a criminal background check with satisfactory results as prescribed by the Department of Human Services;
(C) Attend and complete at least twenty (20) hours of training approved by the department; and
(D) Demonstrate competency and ability to carry out the values of the ward.
(2) The Public Guardian for Adults shall devote his or her entire time to the duties of the Office of Public Guardian for Adults.
(c) The Public Guardian for Adults:
(1) May consent or withhold consent to health and long-term care treatment;
(2) Shall advocate for the ward; and
(3) Shall be functionally separate from and share no duties with any department employee whose job it is to prepare and offer services or treatment plans, or both, to any person.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-203. Qualifications of guardian.
(a)(1) A natural person is qualified to be appointed guardian of the person and of the estate of an incapacitated person if he or she is:
(A) A resident of this state;
(B) At least eighteen (18) years of age;
(C) Of sound mind; and
(D) Subject to the limitations in subdivision (a)(2) of this section, either:
(i) Not a convicted and unpardoned felon; or
(ii) A convicted and unpardoned felon who has disclosed his or her prior felony conviction and for whom the court has entered written findings stating that, notwithstanding the felony conviction, he or she is otherwise qualified after reviewing a certified copy of the sentencing order.
(2) Subject to the requirements in subdivision (a)(1) of this section, a convicted and unpardoned felon may:
(A) Be the guardian of the person for an adult;
(B) Be the guardian of the person for a minor who is not subject to a dependency-neglect proceeding under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., if the convicted and unpardoned felon is a relative or fictive kin as defined in § 9-28-402;
(C) Be the guardian of the person for a minor who is subject to a dependency-neglect proceeding under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., if the convicted and unpardoned felon qualifies for guardianship under subsection (b) of this section; and
(D) Not be the guardian of the estate for any person.
(3) If a convicted and unpardoned felon fails to file a report or accounting required under this subchapter or by the court, the court shall set a hearing for the convicted and unpardoned felon to show cause as to why the guardianship should not be terminated.
(b) However, notwithstanding subsection (a) of this section, a natural person who is a resident of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-203
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 28-65-203. This identifies an authority to review, not proof of applicability.