§ 28-65-218 — Emergency and temporary guardianships

Arkansas § 28-65-218

• Jurisdiction: Arkansas
• Title: 28

Text

(a) (1) (A) If upon presentation of an emergency ex parte motion accompanied by an affidavit or verified petition giving rise to specific facts in appropriate detail the court finds that there is imminent danger to the life or health of an incapacitated person or of loss, damage, or waste to the property of an incapacitated person and that this requires the immediate appointment of a guardian of his or her person or estate, or both, the court shall issue an order appointing an emergency temporary guardian. (B) An ex parte emergency guardianship order shall include a date and time certain, not to exceed fourteen (14) days from the date on which the order is entered, for a hearing reviewing the allegations in the emergency ex parte motion. (C) If the court finds clear and convincing evidence that a temporary guardianship is necessary and appropriate to protect the ward or the property of the ward after the hearing required under subdivision (a)(1)(B) of this section or after a written agreement or agreement in court by the necessary parties, the court may enter an order granting temporary guardianship for a period of up to ninety (90) days from the date of the emergency hearing. (2) (A) If the incapacitated person is an adult, the period for the appointment of a temporary guardian shall not exceed ninety (90) days. (B) If the incapacitated person is a minor, on or before the expiration of the ninety-day period and after a hearing on the merits or an agreement by the necessary parties, the court may extend the temporary guardianship for up to an additional one hundred eighty (180) days. (3) Notice of the emergency hearing shall be given before the hearing as required by subsections (b)-(d) of this section. However, notice is not required with respect to a person whose whereabouts are unknown or cannot by the exercise of reasonable diligence be ascertained. (b) Immediate notice of the temporary guardianship order shall be served by the petitioner upon the following: (1) The ward, if the ward is at least fifteen (15) years of age; (2) The parents of the ward, if the ward is a minor; (3) The spouse, if any, of the ward; (4) Any other person who is the guardian of the person or of the estate of the ward, or any other person who has been the primary caregiver of the ward; (5) The Department of Human Services when the temporary guardian appointed serves as guardian of five (5) or more wards; (6) If there is neither a known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the ward, if known; and (7) If directed by the court: (A) Any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward or his or her estate; (B) Any department, bureau, agency, or political subdivision of the United States or of this state or any charitable organization, which may be charged with the supervision, control, or custody of the incompetent; or (C) Any other person designated by the court. (c) The notice shall include: (1) A copy of the petition; (2) A copy of the temporary order and order of appointment; (3) Notice of a hearing date; and (4) A statement of rights of the proposed ward as provided in § 28-65-207(b) and § 28-65-213 . (d) If the proposed ward is at least fifteen (15) years of age, there shall be personal service upon him or her if personal service can be had. Service on others shall be according to the Arkansas Rules of Civil Procedure or as otherwise provided by the court. (e) Notice need not be given to any person listed in § 28-65-207(a)(1) -(6). (f) Within fourteen (14) days of the entry of the temporary guardianship order, a full hearing on the merits shall be held. (g) (1) If the petitioner is unable to serve a person entitled to notice under this section despite reasonable efforts, the petitioner shall make further reasonable efforts after the full hearing on the merits to serve the person with a copy of the original pleadings and a copy of the temporary guardianship order. (2) The respondent may request a subsequent review hearing before the court that shall be scheduled as soon as reasonably possible. (h) The temporary guardian shall make such reports as the court shall direct. (i) In all other respects, the provisions of this chapter concerning guardians shall apply to temporary guardians, and an appeal may be taken from the order of appointment of a temporary guardian. (j) The letters issued to a temporary guardian shall state the date of expiration of the authority of the temporary guardian.

Legislative History

Amended by Act 2021, No. 516,§ 4, eff. 7/28/2021. Acts 1985, No. 940, § 21; A.S.A. 1947, § 57-840; Acts 1987, No. 535, § 1; 1993, No. 1295, § 1; 2011, No. 9, § 1.