2020 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 65 - Guardians Generally
Subchapter 1 - General Provisions
§ 28-65-101. Definitions

Universal Citation: AR Code § 28-65-101 (2020)

As used in this chapter:

  1. (1) “Essential requirements for health or safety” means the health care, food, shelter, clothing, and protection without which serious illness or serious physical injury will occur;

  2. (2) “Evaluation” means a professional assessment of the abilities of the respondent and the impact of any impairments on the individual's capability to meet the essential requirements for his or her health or safety or to manage his or her estate;

  3. (3) “Guardian” means one appointed by a court to have the care and custody of the person or of the estate, or of both, of an incapacitated person;

  4. (4) “Guardian ad litem” means one appointed by a court in which a particular proceeding is pending to represent a ward or an unborn person in that proceeding;

  5. (5)

    1. (A) “Incapacitated person” means a person who is impaired by reason of a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate.

    2. (B) “Incapacitated person” includes an endangered adult or impaired adult as defined in § 9-20-103, who is in the custody of the Department of Human Services.

    3. (C) Nothing in this chapter shall be construed to mean a person is incapacitated for the sole reason he or she relies consistently on treatment by spiritual means through prayer alone for healing in accordance with his or her religious tradition and is being furnished such treatment;

  6. (6) “Least restrictive alternative” means the form of assistance that least interferes with the legal capacity of the respondent to act in his or her own behalf;

  7. (7) “Limited guardian” means one whose powers and authority have been limited to the specific powers, authorities, and duties set forth in the order of appointment;

  8. (8) “Professional” means a physician, licensed psychologist, or licensed certified social worker with training, experience, and knowledge of the particular alleged disability of the respondent;

  9. (9) “Relative” means the spouse, child, grandchild, parent, grandparent, or sibling of a ward;

  10. (10) “Temporary guardian” means a guardian appointed pursuant to § 28-65-218; and

  11. (11) “Ward” means an incapacitated person for whom a guardian has been appointed.

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