AR HB1608

Amends Arkansas Code § 28-65-213 to establish rights of wards and proposed wards in incapacity hearings, including representation by counsel, presenting evidence, cross-examining witnesses, and remaining silent.

Removes the right to "remain silent" from the numbered list of rights and renumbers subsequent provisions.

Requires the petitioner or person with physical custody to make reasonable efforts to ensure the ward or proposed ward is present or able to participate electronically in all hearings.

Mandates that if a ward or proposed ward is absent from a hearing, the court must inquire about the reasons for absence and find that it is unsafe, inappropriate, or impossible for them to be present before proceeding.

Maintains that the petitioner bears the burden of proof by clear and convincing evidence, and requires courts to determine the extent of incapacity and feasibility of less restrictive alternatives to guardianship before appointing a guardian.