Notice of hearing for appointment

Ark. Code Ann. § 28-65-207 — under Guardians Generally.

Ark. Code Ann. § 28-65-207

(a) Notice of the hearing for the appointment of a guardian need not be given to any person:(1) Who has signed the petition;(2) Who has in writing waived notice of the hearing, except the proposed ward may not waive notice;(3) Who actually appears at the hearing;(4) Whose existence, relationship to the proposed ward, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained;(5) Other than the proposed ward, whom the court finds to be beyond the limits of the continental United States or himself or herself incapacitated; or(6) The proposed ward if the court finds that he or she is detained or confined by a foreign power or has disappeared.

(1) Who has signed the petition;

(2) Who has in writing waived notice of the hearing, except the proposed ward may not waive notice;

(3) Who actually appears at the hearing;

(4) Whose existence, relationship to the proposed ward, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained;

(5) Other than the proposed ward, whom the court finds to be beyond the limits of the continental United States or himself or herself incapacitated; or

(6) The proposed ward if the court finds that he or she is detained or confined by a foreign power or has disappeared.

(b) Except as provided in subsection (a) of this section, before the court shall appoint a guardian, other than an emergency guardian, notice of the hearing for the appointment of the guardian shall be served upon the following, if reasonably possible:(1) (A) The proposed ward, if fourteen (14) years of age or older.(B) The proposed ward shall be notified of his or her due process rights under § 28-65-213.(C) (i) If the purpose of the action is to establish an adult guardianship, the proposed ward shall also be served with his or her notice of the Ward's Bill of Rights in accordance with § 28-65-106(b).(ii) The notices described under this subdivision (b)(1) shall be served with the notice of hearing;(2) The legal parents of the proposed ward, if the alleged incapacitated person is a minor;(3) The spouse, if any, of the proposed ward;(4) Any other person who is the guardian of the person or of the estate of the proposed ward, or any other person who has the care and custody of the proposed ward, and the director of any agency from which the respondent is receiving services;(5) The Department of Human Services when the petition seeks appointment of a guardian who, at the time the petition is filed, serves as guardian of five (5) or more minor wards;(6) If there is neither a known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the proposed ward; and(7) Any other person or entity directed by the court.

(1) (A) The proposed ward, if fourteen (14) years of age or older.(B) The proposed ward shall be notified of his or her due process rights under § 28-65-213.(C) (i) If the purpose of the action is to establish an adult guardianship, the proposed ward shall also be served with his or her notice of the Ward's Bill of Rights in accordance with § 28-65-106(b).(ii) The notices described under this subdivision (b)(1) shall be served with the notice of hearing;

(A) The proposed ward, if fourteen (14) years of age or older.

(B) The proposed ward shall be notified of his or her due process rights under § 28-65-213.

(C) (i) If the purpose of the action is to establish an adult guardianship, the proposed ward shall also be served with his or her notice of the Ward's Bill of Rights in accordance with § 28-65-106(b).(ii) The notices described under this subdivision (b)(1) shall be served with the notice of hearing;

(i) If the purpose of the action is to establish an adult guardianship, the proposed ward shall also be served with his or her notice of the Ward's Bill of Rights in accordance with § 28-65-106(b).

(ii) The notices described under this subdivision (b)(1) shall be served with the notice of hearing;

(2) The legal parents of the proposed ward, if the alleged incapacitated person is a minor;

(3) The spouse, if any, of the proposed ward;

(4) Any other person who is the guardian of the person or of the estate of the proposed ward, or any other person who has the care and custody of the proposed ward, and the director of any agency from which the respondent is receiving services;

(5) The Department of Human Services when the petition seeks appointment of a guardian who, at the time the petition is filed, serves as guardian of five (5) or more minor wards;

(6) If there is neither a known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the proposed ward; and

(7) Any other person or entity directed by the court.

(c) (1) (A) If the proposed ward is fourteen (14) years of age or older, there shall be personal service upon him or her if personal service is reasonably possible.(B) Service on others may be had in any manner provided by § 28-1-112(b) or § 28-1-112(e).(2) The court, for good cause shown, may reduce the number of days of notice.(3) It shall not be necessary that the proposed ward be represented by a guardian ad litem in the proceedings.

(1) (A) If the proposed ward is fourteen (14) years of age or older, there shall be personal service upon him or her if personal service is reasonably possible.(B) Service on others may be had in any manner provided by § 28-1-112(b) or § 28-1-112(e).

(A) If the proposed ward is fourteen (14) years of age or older, there shall be personal service upon him or her if personal service is reasonably possible.

(B) Service on others may be had in any manner provided by § 28-1-112(b) or § 28-1-112(e).

(2) The court, for good cause shown, may reduce the number of days of notice.

(3) It shall not be necessary that the proposed ward be represented by a guardian ad litem in the proceedings.