§ 28-65-106 — Ward's Bill of Rights - Definition

Arkansas § 28-65-106

• Jurisdiction: Arkansas
• Title: 28

Text

(a) (1) This section is intended to create the "Ward's Bill of Rights" and to improve the process for emergency guardianships and other actions or processes related to guardianships in this state. (2) As used in this section, "ward" means an adult for whom a guardian has been appointed. (b) A copy of this section shall be: (1) Served on a proposed ward over eighteen (18) years of age with the guardianship petition; and (2) Provided to a ward upon request at any point during the guardianship or guardianship process. (c) A ward retains all legal and civil rights except those which have been expressly limited by court order or those rights which have been specifically granted by court order to the guardian. (d) (1) A ward has the right to appropriate communication and visitation with any person of the ward's choice. (2) A guardian of the ward may limit or prohibit communication and visitation with the ward if the guardian: (A) Determines it is necessary to limit or prohibit communication and visitation with the ward to protect the ward; and (B) Complies with the following: (i) The guardian shall express his or her concerns and any planned limitations or prohibitions on communication and visitation to the ward and, if appropriate, with the person whose communication and visitation with the ward will be limited or prohibited; and (ii) If the guardian acts on limiting or prohibiting communication and visitation with the ward, the guardian shall: (a) List the limitations or prohibitions and the reasons for the limitations or prohibitions in writing; (b) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section personally to the ward; (c) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section by reasonable means to the person whose communication and visitation with the ward will be limited or prohibited; and (d) (1) In addition to the information described under subdivision (d)(2)(B)(ii) (a) of this section, deliver to the ward and the person whose communication and visitation with the ward will be limited or prohibited written notice that the ward and the person whose communication and visitation with the ward will be limited or prohibited may petition the court immediately to remove the limitations and prohibitions imposed by the guardian. (2) The ward or person whose communication and visitation with the ward will be limited or prohibited may request a hearing on his or her petition to remove the limitations or prohibitions imposed by the guardian. (3) Upon the request of the ward, the guardian shall assist the ward in seeking and scheduling a hearing on his or her petition to remove the limitations and prohibitions imposed by the guardian. (3) If a ward is unable to give express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the consent of the ward may be presumed by a guardian or the court based on the ward's prior relationship with the person seeking communication, visitation, or interaction with the ward. (e) A ward has the right to: (1) A copy of the paperwork associated with the guardianship, including without limitation all pleadings and court orders; (2) A guardianship that encourages the development or maintenance of the independence of the ward with, if possible, the eventual goal of terminating the guardianship; (3) Consideration of the ward's current and previously stated personal preferences, desires, medical and psychiatric treatment preferences, religious beliefs, living arrangements, and other preferences and opinions; (4) Exercise full control of all aspects of the ward's life not specifically granted by the court to the guardian; and (5) Receive a copy of all rights, pleadings, notices, and court orders in the native language of the ward and in a manner accessible to the ward relative to his or her abilities. (f) A guardian shall consult properly with the ward concerning significant financial and lifestyle decisions affecting the ward. (g) A ward or guardian may request at any time a hearing before the court on any particular areas of concern. (h) This section does not replace or repeal other remedies otherwise available to a ward under the law.

Legislative History

Amended by Act 2021, No. 516,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 667,§ 3, eff. 8/1/2017. Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821.