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AR HB1838
Bill
Status
4/16/2025
Primary Sponsor
Carol Dalby
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AI Summary
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Minors 12 years or older must consent to their adoption at the adoption hearing, and courts may waive this requirement only upon clear and convincing evidence that waiver is in the minor's best interest
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Establishes "emergency guardianship" as a new category limited to 14 continuous days when there is imminent danger to an incapacitated person's life, health, or property, with required follow-up hearings for temporary guardianship
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Requires clear and convincing evidence standard for granting guardianships over a parent's objection and for proving incapacity, replacing the previous "satisfactory evidence" standard
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Extends the family relationship exemption for independent legal representation in adoptions from the second degree to the third degree of relation as defined in § 28-9-212
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Allows courts to continue guardianship of a ward past age of majority only after a hearing with clear and convincing evidence that continuation is in the ward's best interest, with Ward's Bill of Rights protections applying
Legislative Description
To Amend The Law Concerning Probate Actions; And To Amend The Law Concerning Adoption And Guardianship.
Last Action
Notification that HB1838 is now Act 713
4/16/2025