2018 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 65 - Guardians Generally
Subchapter 2 - Appointment
§ 28-65-213. Hearing -- Effect of determinations

Universal Citation: AR Code § 28-65-213 (2018)
  • (a) At the hearing, the respondent shall have the right to:

    • (1) Be represented by counsel;

    • (2) Present evidence on his or her own behalf;

    • (3) Cross-examine adverse witnesses;

    • (4) Remain silent;

    • (5) Be present; and

    • (6) Require the attendance by subpoena of one (1) or more of the professionals who prepared the evaluation.

  • (b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of a proper disposition.

  • (c)

    • (1) If the respondent is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the respondent.

    • (2) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent, the court may dismiss the action.

    • (3) If it is found that the respondent is substantially without capacity to care for himself or herself or his or her estate, a guardian for the person or estate, or both shall be appointed.

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