(a) (1) A professional evaluation shall be performed prior to the court hearing on any petition for an adult guardianship except when appointment is being made:(A) Because of disappearance, detention, or confinement by a foreign power; or(B) (i) In a temporary guardianship hearing when the proposed temporary guardian has been unable to obtain the necessary evaluation despite reasonable efforts.(ii) If a temporary guardianship must be granted in the absence of an evaluation to protect the proposed ward or the ward's property, the court shall immediately order an evaluation and set a second temporary guardianship hearing with the benefit of the evaluation as soon as is practical, but no later than thirty (30) days from the date of the first temporary guardianship hearing.(2) The evaluation shall be performed by a physician, licensed psychologist, or licensed certified social worker with training, experience, and knowledge of the particular alleged disability of the respondent.
(1) A professional evaluation shall be performed prior to the court hearing on any petition for an adult guardianship except when appointment is being made:(A) Because of disappearance, detention, or confinement by a foreign power; or(B) (i) In a temporary guardianship hearing when the proposed temporary guardian has been unable to obtain the necessary evaluation despite reasonable efforts.(ii) If a temporary guardianship must be granted in the absence of an evaluation to protect the proposed ward or the ward's property, the court shall immediately order an evaluation and set a second temporary guardianship hearing with the benefit of the evaluation as soon as is practical, but no later than thirty (30) days from the date of the first temporary guardianship hearing.
(A) Because of disappearance, detention, or confinement by a foreign power; or
(B) (i) In a temporary guardianship hearing when the proposed temporary guardian has been unable to obtain the necessary evaluation despite reasonable efforts.(ii) If a temporary guardianship must be granted in the absence of an evaluation to protect the proposed ward or the ward's property, the court shall immediately order an evaluation and set a second temporary guardianship hearing with the benefit of the evaluation as soon as is practical, but no later than thirty (30) days from the date of the first temporary guardianship hearing.
(i) In a temporary guardianship hearing when the proposed temporary guardian has been unable to obtain the necessary evaluation despite reasonable efforts.
(ii) If a temporary guardianship must be granted in the absence of an evaluation to protect the proposed ward or the ward's property, the court shall immediately order an evaluation and set a second temporary guardianship hearing with the benefit of the evaluation as soon as is practical, but no later than thirty (30) days from the date of the first temporary guardianship hearing.
(2) The evaluation shall be performed by a physician, licensed psychologist, or licensed certified social worker with training, experience, and knowledge of the particular alleged disability of the respondent.
(b) The evaluation shall include the following:(1) The respondent's medical and physical condition;(2) His or her adaptive behavior;(3) His or her intellectual functioning; and(4) Recommendation as to the specific areas for which assistance is needed and the least restrictive alternatives available.
(1) The respondent's medical and physical condition;
(2) His or her adaptive behavior;
(3) His or her intellectual functioning; and
(4) Recommendation as to the specific areas for which assistance is needed and the least restrictive alternatives available.
(c) (1) If no professional evaluations performed within the last six (6) months are available, the court will order an independent evaluation.(2) (A) If the petition is granted, the cost of the independent evaluation will be borne by the estate of the incapacitated person.(B) In the event the petition is denied, the costs will be borne by the petitioner unless otherwise ordered by the court for good cause shown.
(1) If no professional evaluations performed within the last six (6) months are available, the court will order an independent evaluation.
(2) (A) If the petition is granted, the cost of the independent evaluation will be borne by the estate of the incapacitated person.(B) In the event the petition is denied, the costs will be borne by the petitioner unless otherwise ordered by the court for good cause shown.
(A) If the petition is granted, the cost of the independent evaluation will be borne by the estate of the incapacitated person.
(B) In the event the petition is denied, the costs will be borne by the petitioner unless otherwise ordered by the court for good cause shown.
(d) (1) The Department of Human Services shall not be ordered by any court, except the juvenile division of the circuit court, to gather records, investigate the proposed ward's condition, or help arrange for appropriate professional evaluations, unless the court has first determined all parties to the proceeding to be indigent and assistance provided by the department is limited to actions within the State of Arkansas.(2) The department shall issue rules to implement this provision.
(1) The Department of Human Services shall not be ordered by any court, except the juvenile division of the circuit court, to gather records, investigate the proposed ward's condition, or help arrange for appropriate professional evaluations, unless the court has first determined all parties to the proceeding to be indigent and assistance provided by the department is limited to actions within the State of Arkansas.
(2) The department shall issue rules to implement this provision.
(e) Any existing evaluations made by the department of which the court has notice must be considered by the court.