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Ark. Code Ann. § 28-65-205

Petition

Applied in 7 court decisions — leading case Sell v. United States (2003)

Most recently applied in 2021 Ark. App. 250 - In Re Guardianship of Pitts (May 2021)

Acts 1985, No. 940, § 10; A.S.A. 1947, § 57-829.

How often courts cite this section

200320102020202120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian of an incapacitated person.

(2) The petition shall state, insofar as can be ascertained: The name, age, residence, and post office address of the incapacitated person;

(3) The nature of incapacity and purpose of the guardianship sought in accordance with the classifications set forth in § 28-65-104;

(4) The approximate value and a description of the incapacitated person's property, including any compensation, pension, insurance, or allowance to which he or she may be entitled;

(5) Whether there is, in any state, a guardian of the person or of the estate of the incompetent;

(6) The residence and post office address of the person whom the petitioner asks to be appointed guardian;

(7) The names and addresses, so far as known or can be reasonably ascertained, of the persons most closely related to the incapacitated person by blood or marriage;

(8) The name and address of the person or institution having the care and custody of the incapacitated person;

(9) The names and addresses of wards for whom any natural person whose appointment is sought is already guardian;

(10) The reasons why the appointment of a guardian is sought and the interest of the petitioner in the appointment;

(11) A statement of the respondent's alleged disability;

(12) A recommendation proposing the type, scope, and duration of guardianship;

(13) A statement that any facility or agency from which the respondent is receiving services has been notified of the proceedings; and

(14) The names and addresses of others having knowledge about the person's disability.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.