§ 28-65-103 — Applicability of other acts

Arkansas § 28-65-103

• Jurisdiction: Arkansas
• Title: 28

Text

(a) The provisions of §§ 28-1-101 - 28-1-104 , 28-1-106 , 28-1-108 - 28-1-113 , 28-1-115 , and 28-1-116 , unless therein expressly restricted to decedents' estates, shall apply to guardianships. (b) When sections in subtitle 4 of this title are incorporated by reference by any sections of this chapter they shall be applied as if "decedent" read "incapacitated person" and "personal representative" read "guardian". Similarly, other terms applicable to guardianship shall be substituted for terms applicable to decedents' estates. (c) In those cases in which no specific rule is provided for guardianships in this chapter, the rule governing decedents' estates in Acts 1949, No. 140, as amended, shall apply to guardianships when applicable thereto and not inconsistent with the provisions of this chapter. (d) (1) Nothing in this chapter repeals or supersedes §§ 28-71-101 - 28-71-106 . (2) If there is a conflict between this chapter and §§ 28-71-101 - 28-71-106 , then the provisions of §§ 28-71-101 - 28-71-106 shall control. (e) This chapter does not invalidate appointments of guardians heretofore made pursuant to Acts 1983, No. 345 [repealed], but from and after June 28, 1985, this chapter shall apply to all such guardianships. (f) (1) (A) It is found and determined by the General Assembly that: (i) Act 345 of 1983 [repealed] governing guardianships for incapacitated persons created considerable confusion concerning various other laws relating to the appointment of guardians; (ii) Part of that confusion was due to uncertainty as to whether Act 345 of 1983 [repealed], was intended to repeal or supersede various other laws relating to guardianship; (iii) As a result of this confusion, guardianships were established by various courts in the state under the provisions of various laws which were in effect concurrently with or immediately prior to Act 345 of 1983 [repealed], and there is now some question concerning the validity of some of those guardianships; and (iv) This confusion and doubt should be removed in order that guardians appointed during that period can continue to carry out their responsibilities without the doubt and disagreement concerning their official capacity and authority. (B) It is therefore the intent and purpose of this subsection to validate any and all guardianships established from July 4, 1983, until June 28, 1985, under authority of Act 345 of 1983 [repealed] or any law in effect concurrently with or immediately prior to July 4, 1983. (2) Any guardianship established during the period from July 4, 1983, to June 28, 1985, whether established under Act 345 of 1983 [repealed], or under any act in effect concurrently with Act 345 of 1983 [repealed], or any act in effect immediately prior to July 4, 1983, is declared to be valid and shall continue in effect for the purposes established. However, the provisions of this chapter shall be applicable to all guardianships so established except as otherwise provided in § 28-65-102 . (g) The appropriate jurisdiction for an adult guardianship action, excluding proceedings under the Adult Custody Maltreatment Act, § 9-20-101 et seq., under this chapter that involve a party residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq. (h) The appropriate jurisdiction for an adult guardianship action under the Adult Custody Maltreatment Act, § 9-20-101 et seq., that involves a maltreated adult residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.

Legislative History

Acts 1985, No. 940, § 4; A.S.A. 1947, § 57-823; Acts 1987, No. 16, §§ 1, 2; 2011, No. 159, § 2.