Arkansas Code of 1987 (2023)
Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28)
Subtitle 5 - FIDUCIARY RELATIONSHIPS (§§ 28-65-101 — 28-77-803)
Chapter 74 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 28-74-101 — 28-74-505)
Subchapter 2 - JURISDICTION (§§ 28-74-201 — 28-74-209)
Section 28-74-204 - Special jurisdiction

• (a) A court of this state lacking jurisdiction under § 28-74-203(1) -(3) has special jurisdiction to do any of the following:
  • (1) appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;
  • (2) issue a protective order with respect to real or tangible personal property located in this state;
  • (3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 28-74-301.

• (b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

• (c)
  • (1) A court of this state lacking jurisdiction under § 28-74-203(1) -(3) has special jurisdiction regarding maltreated adults, as defined under § 9-20-103, when the maltreated adult is present in Arkansas or the maltreatment occurred in Arkansas and the Department of Human Services takes emergency custody of the maltreated adult or files a petition under the Adult Custody Maltreatment Act, § 9-20-101 et seq.
  • (2) Special jurisdiction shall continue, and any orders issued shall remain in effect until an order is obtained from a court of a state having jurisdiction over the maltreatment matter.

Acts 2011, No. 159, § 1.