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28-65-706. Termination of guardianships.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-706. Termination of guardianships.
(a) The court having jurisdiction of the ward may terminate the guardianship as provided under § 28-65-401 et seq., and subject to the procedures required under this section.
(b) Neither the Public Guardian for Adults, the Office of Public Guardian for Adults, nor a volunteer shall be entitled to compensation under § 28-65-108.
(c) Within forty (40) days after the death of the ward of a Public Guardian for Adults if the Public Guardian for Adults is the:
(1) Guardian of the person of the ward, the Public Guardian for Adults shall:
(A) File a report with the court; and
(B) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward;
(2) Guardian of the estate of the ward, the Public Guardian for Adults shall:
(A) File a final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward;
(B) Cause a notice of the filing of the final account to be published;
(C) Provide a copy of the final account and notice of the death of the ward to the Department of Human Services; and
(D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward; or
(3) Guardian of the person and the estate of the ward:
(A) File a final report and final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward;
(B) Cause a notice of the filing of the final account to be published;
(C) Provide a copy of the final account and notice of the death of the ward to the department; and
(D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward.
(d) Upon t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-706
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:28-65-706
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 86c09fa81f0be5637e17848953276840774ec4ce334f4045a18b07789d68ad08
Source location: content.xml paragraph 9901
Stored source content
28-65-706. Termination of guardianships.
(a) The court having jurisdiction of the ward may terminate the guardianship as provided under § 28-65-401 et seq., and subject to the procedures required under this section.
(b) Neither the Public Guardian for Adults, the Office of Public Guardian for Adults, nor a volunteer shall be entitled to compensation under § 28-65-108.
(c) Within forty (40) days after the death of the ward of a Public Guardian for Adults if the Public Guardian for Adults is the:
(1) Guardian of the person of the ward, the Public Guardian for Adults shall:
(A) File a report with the court; and
(B) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward;
(2) Guardian of the estate of the ward, the Public Guardian for Adults shall:
(A) File a final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward;
(B) Cause a notice of the filing of the final account to be published;
(C) Provide a copy of the final account and notice of the death of the ward to the Department of Human Services; and
(D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward; or
(3) Guardian of the person and the estate of the ward:
(A) File a final report and final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward;
(B) Cause a notice of the filing of the final account to be published;
(C) Provide a copy of the final account and notice of the death of the ward to the department; and
(D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward.
(d) Upon the petition of the Public Guardian for Adults to terminate the guardianship of a deceased ward, the court shall:
(1) Conduct a hearing on the petition of the Public Guardian for Adults to terminate the guardianship and consider the petition, the delivery of funds, and the payment of funds for the disposition of the body of the ward as provided in this subsection;
(2) Terminate the guardianship;
(3) Discharge the Public Guardian for Adults from any further duty, liability, and accountability with regard to the guardianship and the estate of the deceased ward;
(4) Direct delivery of the funds of the deceased ward to the appropriate person or, if no appropriate person is available, to the registry of the court pursuant to the Arkansas Rules of Civil Procedure; and
(5) With regard to the disposal of the body of the ward:
(A) Direct the payment of funds for the disposal of the body of the ward in a manner provided in a prior arrangement made by the ward of the Public Guardian for Adults;
(B) Direct the payment of funds to dispose of the body of the ward if a prior arrangement was not made by the ward; or
(C) Consent to donate the body of the ward to medical science.
(e)(1) The estate of the deceased ward shall be distributed in accordance with the law on the administration of decedents' estates.
(2) The discharge of a Public Guardian for Adults is final.
(f) The Public Guardian for Adults and the department are not responsible for any costs, including without limitation costs related to the disposition of the body of the ward.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-108. Compensation of guardian.
(a) A guardian shall be allowed such compensation for his or her services as guardian as the court shall deem just and reasonable.
(b) If the court finds that the guardian has failed to discharge his or her duties as such in any respect, it may deny him or her any compensation whatsoever or may reduce the compensation which would otherwise be allowed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-108
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 28-65-108. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-401. Termination generally.
(a) A guardianship is terminated:
(1) If the guardianship was solely because of the ward's incompetency for a cause other than minority, by an adjudication of the competency of the ward;
(2) By the death of the ward;
(3) If the guardianship was solely because of the ward's minority, the marriage of the ward shall terminate a guardianship of the person, but not of the estate of the ward except with respect to the ward's earnings for personal services; or
(4) If the guardianship was solely because of the ward's minority, by the ward's reaching the age of majority, unless the guardian receives a guardianship subsidy from the Department of Human Services, then the guardianship is terminated when the ward:
(A) Reaches twenty-one (21) years of age; or
(B) Who is eighteen (18) years of age or older requests termination of the guardianship.
(b) A guardianship may be terminated by court order after such notice as the court may require:
(1)(A) If the guardianship was solely because of the ward's minority, and either the ward attains his or her majority or the disability of minority of the ward is removed for all purposes by a court of competent jurisdiction.
(B) However, if the court finds upon a proper showing by substantial competent evidence that it is in the best interest of the ward that the guardianship be continued after the ward reaches majority, the court may order the guardianship to continue until such time as it may be terminated by order of the court;
(2) If the ward becomes a nonresident of this state; or
(3) If, for any other reason, the guardianship is:
(A) No longer necessary; and
(B) No longer in the best interest of the ward.
(c)(1) When a guardianship terminates otherwise than by the death of the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-401
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 28-65-401. This identifies an authority to review, not proof of applicability.