§ 28-65-602 — Grant or denial of petition to act in Arkansas - Effect

(a) Upon being satisfied that the foreign guardian is duly appointed, qualified, and acting, that his or her bond is sufficient under the laws of the jurisdiction of his or her appointment to protect the property of the ward within the jurisdiction and the property within this state, or its proceeds, or that no bond is required in the jurisdiction of his or her appointment, and that the action ordered to be taken is in the best interest of the ward and his or her estate, the court may, if there is no locally appointed guardian, grant the petition, in whole or in part, and direct the foreign guardian to proceed with the directed action in the same manner as is provided for similar action by a resident guardian of the estate or a resident ward. (b) If there is a locally appointed guardian, and upon the same findings as to the qualifications of the foreign guardian and the sufficiency of his or her bond, if any, the court, in the exercise of its discretion, may: (1) Order the termination of the local guardianship and the payment, transfer, or delivery of the property of the ward to the foreign guardian and grant the petition of the foreign guardian, in whole or in part; or (2) Order the local guardian to take the action, in whole or in part, for which the foreign guardian asked authority; or (3) Deny the petition. (c) If the court orders the termination of the local guardianship, the local guardian shall file his or her account immediately.

Legislative History

Acts 1985, No. 940, § 51; A.S.A. 1947, § 57-870.