2020 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 65 - Guardians Generally
Subchapter 2 - Appointment
§ 28-65-212. Evaluations

Universal Citation: AR Code § 28-65-212 (2020)
  1. (a)

    1. (1) A professional evaluation shall be performed prior to the court hearing on any petition for guardianship except when appointment is being made because of minority, disappearance, detention, or confinement by a foreign power or pursuant to § 28-65-218.

    2. (2) The evaluation shall be performed by a professional or professionals with expertise appropriate for the respondent's alleged incapacity.

  2. (b) The evaluation shall include the following:

    1. (1) The respondent's medical and physical condition;

    2. (2) His or her adaptive behavior;

    3. (3) His or her intellectual functioning; and

    4. (4) Recommendation as to the specific areas for which assistance is needed and the least restrictive alternatives available.

  3. (c)

    1. (1) If no professional evaluations performed within the last six (6) months are available, the court will order an independent evaluation.

    2. (2) If the petition is granted, the cost of the independent evaluation will be borne by the estate of the incapacitated person. In the event the petition is denied, the costs will be borne by the petitioner.

  4. (d)

    1. (1) The Department of Human Services shall not be ordered by any court, except the juvenile division of the circuit court, to gather records, investigate the respondent's condition, or help arrange for appropriate professional evaluations, unless the court has first determined all parties to the proceeding to be indigent and assistance provided by the department is limited to actions within the State of Arkansas.

    2. (2) The department shall issue rules to implement this provision.

  5. (e) Any existing evaluations made by the department of which the court has notice must be considered by the court.

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