Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms
41 chapters · 852 sections in this title.
Ark. Code Ann. § 28-74-101 Short title
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This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
Ark. Code Ann. § 28-74-102 Definitions
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(1) In this chapter:(1) “Adult” means an individual who has attained eighteen (18) years of age.(2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under § 28-67-105.(3) “Guardian” means a person appointed b…
Ark. Code Ann. § 28-74-103 International application of chapter
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A court of this state may treat a foreign country as if it were a state for the purpose of applying this subchapter, § 28-74-201 et seq., § 28-74-301 et seq., and § 28-74-501 et seq.
Ark. Code Ann. § 28-74-104 Communication between courts
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(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the co…
Ark. Code Ann. § 28-74-105 Cooperation between courts
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(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:(1) hold an evidentiary hearing;(2) order a person in that state to produce evidence or give testimony pursuant to pro…
Ark. Code Ann. § 28-74-106 Taking testimony in another state
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(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…
Ark. Code Ann. § 28-74-201 Definitions — Significant connection factors
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(a) In this subchapter:(1) “Emergency” means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respon…
Ark. Code Ann. § 28-74-202 Exclusive basis
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This subchapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
Ark. Code Ann. § 28-74-203 Jurisdiction
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(1) A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:(1) this state is the respondent's home state;(2) on the date the petition is filed, this state is a significant-connection state and:(A) the respondent does not have …
Ark. Code Ann. § 28-74-204 Special jurisdiction
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(a) A court of this state lacking jurisdiction under § 28-74-203(1)-(3) has special jurisdiction to do any of the following:(1) appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;(2) issue a protec…
Ark. Code Ann. § 28-74-205 Exclusive and continuing jurisdiction
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Except as otherwise provided in § 28-74-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by it…
Ark. Code Ann. § 28-74-206 Appropriate forum
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(a) A court of this state having jurisdiction under § 28-74-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines…
Ark. Code Ann. § 28-74-207 Jurisdiction declined by reason of conduct
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(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:(1) decline to exercise jurisdiction;(2) exercise jurisdiction for the limited purpose of fashioning…
Ark. Code Ann. § 28-74-208 Notice of proceeding
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If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…
Ark. Code Ann. § 28-74-209 Proceedings in more than one state
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(1) Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under § 28-74-204(a)(1) or (2) or § 28-74-204(c), if a petition for the appointment of a guardian or issuance of a protective or…
Ark. Code Ann. § 28-74-301 Transfer of guardianship or conservatorship to another state
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(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state f…
Ark. Code Ann. § 28-74-302 Accepting guardianship or conservatorship transferred from another state
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(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to § 28-74-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified c…
Ark. Code Ann. § 28-74-401 Registration of guardianship orders
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If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…
Ark. Code Ann. § 28-74-402 Registration of protective orders
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If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this s…
Ark. Code Ann. § 28-74-403 Effect of registration
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(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceeding…
Ark. Code Ann. § 28-74-501 Uniformity of application and construction
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ark. Code Ann. § 28-74-502 Relation to Electronic Signatures in Global and National Commerce Act
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This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of…
Ark. Code Ann. § 28-74-503 [Reserved.]
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A.C.A. § 28-74-503Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 28-74-504 Transitional provision
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(a) This act applies to guardianship and protective proceedings begun on or after January 1, 2012. (b) Section 28-74-101 et seq., § 28-74-301 et seq., § 28-74-401 et seq., and §§ 28-74-501 and 28-74-502 apply to proceedings begun before January 1, 2012, regardless of whether a gu…
Ark. Code Ann. § 28-74-505 Effective date
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This act takes effect on January 1, 2012.