2019 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 65 - Guardians Generally
Subchapter 1 - General Provisions
§ 28-65-106. Rights of Incapacitated Persons

Universal Citation: AR Code § 28-65-106 (2019)
  • (a) A ward is not presumed to be incompetent and retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted by order to the guardian by the court.

  • (b)

    • (1) A ward retains the right to communicate, visit, or interact with any person of the ward's choice.

    • (2) 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 a court based on the ward's prior relationship with the person seeking communication, visitation, or interaction with the ward.

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