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9-20-124. Consideration of issues requiring court approval.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-20-124. Consideration of issues requiring court approval.
(a) The Department of Human Services shall:
(1) Request court approval in accordance with § 9-20-120(b) by filing a written motion requesting court approval by the court;
(2)(A) Include an affidavit from the attending physician of the respondent when the request for court approval relates to a decision described in § 9-20-120(b)(1)-(3), (9), and (10).
(B) The affidavit shall:
(i) Describe the medical need or appropriateness for the action requested;
(ii) Include information on the diagnosis, prognosis, and treatment of the respondent;
(iii) Include information on any possible consequences that may occur if treatment is withheld from the respondent;
(iv) Include information on whether treatment of the respondent only prolongs the respondent's health; and
(v) Include the name and contact information of the attending physician of the respondent; and
(3) Serve a copy of the motion and affidavit on the attorney for the respondent within twenty-four (24) hours from the time of filing.
(b)(1) The court shall:
(A)(i) Conduct a hearing within three (3) business days from the date on which a motion requesting court approval is filed.
(ii) A hearing is not required if counsel for both parties agree to waive the hearing or if an emergency exists for entry of an order.
(iii) The court shall allow a motion filed under this section to be heard on transfer by another division of the circuit court in order to ensure that a hearing conducted under subdivision (b)(1)(A)(i) of this section is heard within the required time frame;
(B)(i) Enter a decision on the motion requesting court approval within three (3) business days from the date of the hearing.
(ii) If a hearing is not conducted, the court s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-20-124
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:9-20-124
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6bf15b75df294c0ddad2653db2d9f70fa6c6906fba704e21455f7cfbae8b37c8
Source location: content.xml paragraph 13008
Stored source content
9-20-124. Consideration of issues requiring court approval.
(a) The Department of Human Services shall:
(1) Request court approval in accordance with § 9-20-120(b) by filing a written motion requesting court approval by the court;
(2)(A) Include an affidavit from the attending physician of the respondent when the request for court approval relates to a decision described in § 9-20-120(b)(1)-(3), (9), and (10).
(B) The affidavit shall:
(i) Describe the medical need or appropriateness for the action requested;
(ii) Include information on the diagnosis, prognosis, and treatment of the respondent;
(iii) Include information on any possible consequences that may occur if treatment is withheld from the respondent;
(iv) Include information on whether treatment of the respondent only prolongs the respondent's health; and
(v) Include the name and contact information of the attending physician of the respondent; and
(3) Serve a copy of the motion and affidavit on the attorney for the respondent within twenty-four (24) hours from the time of filing.
(b)(1) The court shall:
(A)(i) Conduct a hearing within three (3) business days from the date on which a motion requesting court approval is filed.
(ii) A hearing is not required if counsel for both parties agree to waive the hearing or if an emergency exists for entry of an order.
(iii) The court shall allow a motion filed under this section to be heard on transfer by another division of the circuit court in order to ensure that a hearing conducted under subdivision (b)(1)(A)(i) of this section is heard within the required time frame;
(B)(i) Enter a decision on the motion requesting court approval within three (3) business days from the date of the hearing.
(ii) If a hearing is not conducted, the court shall enter a decision on the motion requesting court approval within three (3) business days from the date on which a motion requesting court approval is filed;
(C) Grant a motion requesting court approval that does not include an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that granting the request is in the best interest of the respondent; and
(D) Grant a motion requesting court approval that includes an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that:
(i) Granting the request is in the best interest of the respondent;
(ii) The attending physician of the respondent is requesting the medical action or inaction;
(iii) The evidence supports the need for the requested medical action or inaction; and
(iv) The respondent did not express an intent to oppose the medical action or inaction before losing the capacity to make his or her own medical decisions.
(2) The court may allow the attending physician of the respondent or another witness to testify by telephone or another medium as permitted by the Arkansas Rules of Evidence or the Arkansas Rules of Civil Procedure.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-20-120. Duties and responsibilities of custodian.
(a)(1) If the probate division of circuit court appoints the Department of Human Services as the legal custodian of a maltreated adult, the department shall:
(A) Secure care and maintenance for the person;
(B) Honor any advance directives, such as living wills, if the legal documents were executed in conformity with applicable laws; and
(C) Find a person to be guardian of the estate of the adult if a guardian of the estate is needed.
(2) If the court appoints the department as the legal custodian of a maltreated adult on an emergency, temporary, or long-term basis, the department may:
(A) Consent to medical care for the adult;
(B) Obtain physical or psychological evaluations;
(C) Obtain medical, financial, and other records of the adult; and
(D) Obtain or view financial information of the adult that is maintained by a bank or similar institution.
(b) The department as custodian shall not make any of the following decisions without receiving express court approval:
(1) Consent to abortion, sterilization, psychosurgery, or removal of bodily organs unless a procedure is necessary in a situation threatening the life of the maltreated adult;
(2) Consent to withholding life-saving treatment;
(3) Authorization of experimental medical procedures;
(4) Authorization of termination of parental rights;
(5) Prohibition of the adult from voting;
(6) Prohibition of the adult from obtaining a driver's license;
(7) Consent to a settlement or compromise of any claim by or against the adult or his or her estate;
(8) Consent to the liquidation of assets of the adult through such activities as an estate sale;
(9) Consent to amputation of any part of the body unless a procedure is necessary in a situati
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-20-120
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 9-20-120. This identifies an authority to review, not proof of applicability.