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AR HB1648

Bill

Status

Passed

4/1/2021

Primary Sponsor

Gayla McKenzie

Click for details

Origin

House of Representatives

93rd General Assembly (2021 Regular)

AI Summary

  • Creates the "Ward's Bill of Rights" establishing that wards are not presumed incompetent and retain all legal and civil rights except those expressly limited by court order.

  • Guarantees wards the right to appropriate communication and visitation with persons of their choice, with guardians able to limit contact only if necessary to protect the ward and with specific written notice and court petition rights provided.

  • Establishes ward rights to receive copies of guardianship documents in their native language, pursue guardianship termination, have input on significant decisions, and request hearings on any concerns at any time.

  • Repeals Arkansas Code § 28-65-110 (Rights of relatives) and replaces it by incorporating relative visitation protections into the ward's rights framework, allowing courts to determine reasonable visitation based on the ward's best interests.

  • Modifies temporary guardianship procedures to require emergency hearings within 14 days, limit initial appointments to 90 days (with extensions up to 180 days for minors), and increase notice requirements to include wards at least 15 years old and primary caregivers.

Legislative Description

To Amend The Law Concerning The Rights Of Incapacitated Persons; Concerning Temporary Guardianships, Incapacity Hearings, And Incapacity Determinations; And To Repeal The Law Concerning The Rights Of Relatives.

Last Action

Notification that HB1648 is now Act 516

4/1/2021

Committee Referrals

Judiciary3/18/2021
Judiciary3/4/2021

Full Bill Text

No bill text available