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Ark. Code Ann. § 28-68-108

Nomination of guardian — Relation of agent to court-appointed fiduciary

Known as the Uniform Power of Attorney Act

The act spans §§ 28–28 (49 sections).

Applied in 1 court decision — leading case 2024 Ark. App. 376 - Stephanie Wilson and William A. Buckley III v. Jeanette Kolterman, by Her Next Friend, Tad Kolterman Tad Kolterman Monica Johnson And Juanita Groomer (2024)

Most recently applied in 2024 Ark. App. 376 - Stephanie Wilson and William A. Buckley III v. Jeanette Kolterman, by Her Next Friend, Tad Kolterman Tad Kolterman Monica Johnson And Juanita Groomer (June 2024)

Acts 2011, No. 805, § 1.

(1) In a power of attorney, a principal may nominate a guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.

(2) If, after a principal executes a power of attorney, a court appoints a guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.

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.