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28-65-703. Public Guardian for Adults — Duties.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-703. Public Guardian for Adults — Duties.
(a) The Public Guardian for Adults:
(1) Shall administer and organize the work of the Office of Public Guardian for Adults;
(2) May employ staff as necessary to carry out the functions of the office, including the employment of Deputy Public Guardians for Adults who:
(A) Meet the same qualifications as required for the Public Guardian for Adults in § 28-65-702;
(B) Have the same power and duties as the Public Guardian for Adults except those related to the administration and organization of the Office of Public Guardian for Adults; and
(C) May act on behalf of the Public Guardian for Adults in matters related to guardianships held by the Public Guardian for Adults; and
(3)(A) May accept the services of volunteers who shall possess all of the qualifications of a guardian required under § 28-65-203.
(B) If approved by the Public Guardian for Adults, the volunteer shall be reimbursed for expenses in the same manner as public employees.
(C) A volunteer shall not be an employee of any facility or program that provides services to the ward.
(D) Volunteers shall not be related to the owner or any staff member of any facility or program that provides services to the ward.
(b)(1) The Public Guardian for Adults shall receive and review referrals for adult guardianship.
(2) A court shall not appoint the Public Guardian for Adults as the guardian of a person or estate unless the Public Guardian for Adults petitions for the guardianship and consents to the appointment.
(c) The Public Guardian for Adults may petition to be appointed guardian of the person of an adult or guardian of the estate of an adult, or both, if:
(1) The Public Guardian for Adults has probable cause to believe that the adult lacks the ca
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-703
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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Stable record: arkansas_code:legal_authorities:28-65-703
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 81942b590c5f3279bccddcb9ab45b0a21cdc21e6e2b9b7953a9eed5439d11703
Source location: content.xml paragraph 9847
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28-65-703. Public Guardian for Adults — Duties.
(a) The Public Guardian for Adults:
(1) Shall administer and organize the work of the Office of Public Guardian for Adults;
(2) May employ staff as necessary to carry out the functions of the office, including the employment of Deputy Public Guardians for Adults who:
(A) Meet the same qualifications as required for the Public Guardian for Adults in § 28-65-702;
(B) Have the same power and duties as the Public Guardian for Adults except those related to the administration and organization of the Office of Public Guardian for Adults; and
(C) May act on behalf of the Public Guardian for Adults in matters related to guardianships held by the Public Guardian for Adults; and
(3)(A) May accept the services of volunteers who shall possess all of the qualifications of a guardian required under § 28-65-203.
(B) If approved by the Public Guardian for Adults, the volunteer shall be reimbursed for expenses in the same manner as public employees.
(C) A volunteer shall not be an employee of any facility or program that provides services to the ward.
(D) Volunteers shall not be related to the owner or any staff member of any facility or program that provides services to the ward.
(b)(1) The Public Guardian for Adults shall receive and review referrals for adult guardianship.
(2) A court shall not appoint the Public Guardian for Adults as the guardian of a person or estate unless the Public Guardian for Adults petitions for the guardianship and consents to the appointment.
(c) The Public Guardian for Adults may petition to be appointed guardian of the person of an adult or guardian of the estate of an adult, or both, if:
(1) The Public Guardian for Adults has probable cause to believe that the adult lacks the capacity to make and communicate decisions necessary for his or her health, safety, and welfare or to manage his or her property;
(2) The Public Guardian for Adults believes that the adult is incapacitated;
(3) There is no suitable private guardian qualified and willing to accept the guardianship appointment; and
(4) A circuit court determines that the Public Guardian for Adults would be a suitable guardian for the incapacitated adult.
(d) If requested by the court having jurisdiction of the ward, the Public Guardian for Adults may petition to intervene in an established guardianship and petition to be named a successor guardian if all of the following conditions are met:
(1) The Public Guardian for Adults determines that the current guardian is unable or unwilling to perform his or her duties under the guardianship;
(2) There is no suitable private guardian qualified and willing to accept the guardianship appointment; and
(3) A circuit court determines that the Public Guardian for Adults would be a suitable guardian for the incapacitated adult.
(e)(1) The Public Guardian for Adults either directly or through staff or volunteered services shall monitor each ward and each ward's care and progress on a continuing basis.
(2) The monitoring shall include quarterly personal contact with each ward.
(3) A written record shall be created and maintained concerning each personal contact and shall contain the information specified in § 28-65-322.
(f)(1) The Public Guardian for Adults shall keep and maintain financial, case control, and statistical records in accordance with generally accepted professional business and accounting standards in all cases for which the Office of Public Guardian for Adults has been appointed guardian.
(2) Office records that identify individuals for whom the office has provided guardianship services shall be kept confidential except to the extent that disclosure is required by other laws.
(3) Office records shall be retained in accordance with state record retention rules.
(g) Unless specifically provided otherwise in this subchapter, this chapter is applicable to any guardianship established under this subchapter.
(h)(1) Upon petition by the Department of Human Services, a court may direct payment from the assets of the ward for services rendered or goods purchased by or for the ward during the course of the guardianship.
(2) Notwithstanding the requirement of § 28-51-303(b)(2)(A), the court may allow the sale of a ward's property at public auction for less than three-fourths (3/4) of the appraised value.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-51-303. Order for sale, mortgage, or lease.
(a) The order for sale, mortgage, or lease shall describe the property to be sold, mortgaged, or leased and may designate the sequence in which the several parcels shall be sold, mortgaged, or leased.
(b)(1) The order shall contain appropriate provisions with respect to the bond of the personal representative and shall direct whether the property shall be sold at private sale or public auction, and if the latter, the place or places of sale.
(2)(A) If the sale is to be at public auction, the property shall be sold for not less than three-fourths (¾) of its appraised value.
(B) A private sale shall be for not less than the appraised value thereof.
(3) The order shall direct whether the sale shall be for cash or for cash and deferred payments and the terms on which such deferred payments are to be made.
(c) If real property is to be mortgaged, the order shall fix the maximum amount of principal debt which may be secured, the maximum rate of interest which the debt may bear, and the earliest and latest date of maturity and shall direct the purpose for which the proceeds shall be used.
(d) Except in the case of an oil, gas, or other mineral lease, real property of an estate may not be leased by a personal representative for a term exceeding three (3) years. The order authorizing the lease shall specify the maximum term thereof.
(e) In appropriate cases the order shall specify restrictions, reservations, terms, and conditions under which the property is to be sold, mortgaged, or leased.
(f) An order for sale, mortgage, or lease shall remain in force until terminated by the court, but no sale shall be made after six (6) months from the date of the order unless the real property shall have been reappraised under
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-51-303
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 28-51-303. This identifies an authority to review, not proof of applicability.
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-322. Reports.
All guardians shall file an annual report with the court. The report shall contain:
(1) The person's current mental, physical, and social conditions;
(2) His or her present living arrangements;
(3) The need for continued guardianship services;
(4) An accounting of his or her estate if the guardian has been delegated that responsibility by the court order or as a result of being a guardian of the estate; and
(5) Any other information requested by the court or necessary in the opinion of the guardian.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-322
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 28-65-322. This identifies an authority to review, not proof of applicability.
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. The source passage cites 28-65-702. This identifies an authority to review, not proof of applicability.