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2017 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 65 - Guardians Generally
Subchapter 2 - Appointment
§ 28-65-221. Standby guardians
Universal Citation: AR Code § 28-65-221 (2017)
- (a) Without surrendering parental rights, any parent who is chronically ill or near death may have a standby guardian appointed by the court for the parent's minor children using the same procedures outlined in this subchapter to establish a guardianship. The standby guardian's authority would take effect as outlined in an order of standby guardianship, upon:
- (1) The death of the parent;
- (2) The mental incapacity of the parent; or
- (3) The physical debilitation and consent of the parent.
- (b)
- (1) The standby guardian shall immediately notify the court upon the death, incapacity, or debilitation of the parent and shall immediately assume the role of guardian of the minor children.
- (2) The court shall enter an order of guardianship in conformance with this section.
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