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Ark. Code Ann. § 28-65-302

Decisions requiring court approval

Applied in 4 court decisions — leading case Carmody v. Raymond James Financial Services, Inc. (2008)

Most recently applied in Carmody v. Raymond James Financial Services, Inc. (April 2008)

Acts 1985, No. 940, § 26; A.S.A. 1947, § 57-845; Acts 1999, No. 1536, § 7; 2001, No. 1689, § 1.

How often courts cite this section

19932000200810
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) No guardian appointed prior to October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval: Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;

(2) Consent to withholding life-saving treatment;

(3) Authorize experimental medical procedures;

(4) Authorize termination of parental rights;

(5) Prohibit the incapacitated person from voting;

(6) Prohibit the incapacitated person from obtaining a driver's license; or

(7) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.

(8) No guardian appointed on or after October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval: Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;

(9) Consent to withholding life-saving treatment;

(10) Authorize experimental medical procedures;

(11) Authorize termination of parental rights;

(12) Authorize an incapacitated person to vote;

(13) Prohibit the incapacitated person from obtaining a driver's license; or

(14) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.

(15) However, the provisions of subdivision (a)(2) of this section shall not apply to written requests under § 20-17-214.

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.