Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms

(a) (1) The guardian of the estate of an incompetent who owns land situated in this state or an interest therein or who owns an interest in oil, gas, or other minerals in or under land situated in this state or in an oil, gas, or other mineral lease on the land on such terms as t…

Upon petition of the guardian of the estate and after notice to such persons, if any, as the court may direct, the court may authorize the guardian of the estate of an incapacitated person in behalf of his or her ward to enter into transactions and to execute all instruments nece…

(a) (1) A guardian of the estate is under a duty to pay from the estate all just claims against the estate of his or her ward, whether they constitute liabilities of the ward which arose prior to the guardianship or liabilities properly incurred by the guardian for the benefit of…

(a) On petition of the guardian of the estate, the court, if satisfied that the action would be in the interest of the ward and his or her estate, may make an order authorizing the settlement or compromise of any claim by or against the ward or his or her estate, whether arising …

(a) (1) The guardian may employ legal counsel in connection with the discharge of his or her duties, and the court shall fix the attorney's fee, which shall be allowed as an item of the expense of administration.(2) If the guardian is an attorney and has performed necessary legal…

(a) Unless otherwise directed by the court, a guardian of the estate shall file with the court a written verified account of his or her administration:(1) Annually within sixty (60) days after the anniversary date of his or her appointment; and(2) Within sixty (60) days after ter…

(a) The guardian of the estate shall file an inventory of the ward's property in the same manner and subject to the same requirements as are provided in § 28-49-110 for the inventory of a decedent's estate. (b) In its discretion, the court may order the appraisement of the ward's…

(1) All guardians shall file an annual report with the court. The report shall contain:(1) The person's current mental, physical, and social conditions;(2) His or her present living arrangements;(3) The need for continued guardianship services;(4) An accounting of his or her esta…

(a) Upon the death of a ward, the guardian of his or her estate is authorized, as such, subject to the direction of the court, to administer the estate of the deceased ward after further letters are issued to him or her, after a hearing, pursuant to a petition for letters, testam…

(a) A guardianship is terminated:(1) If the guardianship was solely because of the ward's incompetency for a cause other than minority, by an adjudication of the competency of the ward;(2) By the death of the ward;(3) If the guardianship was solely because of the ward's minority,…

(1) Upon the petition of the ward or an interested party alleging that the ward is no longer incapacitated or is less incapacitated than would require a full guardianship, the court shall:(1) Conduct a hearing after the petitioner provides proper notice under this chapter to all …

(a) Upon the guardian of an estate's filing receipts or other evidence satisfactory to the court showing that he or she has delivered to the persons entitled thereto all the property for which he or she is accountable as guardian, the court shall make an order discharging the gua…

(a) The parents of a minor, jointly with equal authority if they are husband and wife living together, or the survivor if one (1) parent is dead, or the competent parent if one (1) is incompetent, or the other parent if one (1) parent is imprisoned for a felony, or the parent to …

When the whole estate of a minor or an incompetent does not exceed the value of twenty-five thousand dollars ($25,000), the court, in its discretion, without the appointment of a guardian or the giving of bond, may authorize the payment or delivery of all or any part of the estat…

(a) The circuit court in its discretion, without the appointment of a guardian or the giving of bond, may authorize the payment and delivery of any moneys or other property due or that may in the future become due the minor or incompetent person to some suitable person, instituti…

(a) If an incompetent person who is a resident of another state, a territory of the United States, or the District of Columbia has a guardian, curator, conservator, committee, tutor, or other person authorized by the laws of the other jurisdiction to have possession and control o…

(a) Upon being satisfied that the foreign guardian is duly appointed, qualified, and acting, that his or her bond is sufficient under the laws of the jurisdiction of his or her appointment to protect the property of the ward within the jurisdiction and the property within this st…

If the foreign guardian is a corporation, it need not qualify as a corporation to do business under the general corporation laws of this state to entitle it to administer the property of its ward situated in this state.

This subchapter does not apply to foreign guardianships under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.

(a) The Office of Public Guardian for Adults is created. (b) The Public Guardian for Adults shall be the administrator of the office.

(a) (1) The Office of Chief Counsel of the Department of Human Services or the Office of Chief Counsel's designee shall appoint an employee of the Office of Chief Counsel to serve as Public Guardian for Adults.(2) A prior authorized appointment of a public guardian by the Directo…

(a) The Public Guardian for Adults:(1) Shall administer and organize the work of the Office of Public Guardian for Adults;(2) May employ staff as necessary to carry out the functions of the office, including the employment of Deputy Public Guardians for Adults who:(A) Meet the sa…

All correspondence and legal process regarding a public guardianship under this subchapter shall be to or from the Public Guardian for Adults in his or her official capacity.

(a) Bond shall not be required in connection with public guardian services under this subchapter. (b) A fee may not be charged or collected by the circuit clerk or county clerk in connection with public guardian services under this subchapter, including without limitation fees fo…

(a) The court having jurisdiction of the ward may terminate the guardianship as provided under § 28-65-401 et seq., and subject to the procedures required under this section. (b) Neither the Public Guardian for Adults, the Office of Public Guardian for Adults, nor a volunteer sha…

The Department of Human Services may adopt rules necessary to implement this subchapter.

As used in this chapter: “Person” means an individual, a partnership, a corporation, or an association; “Veterans' Administration” means the Veterans' Administration, its predecessors or successors; “Income” means money received from the Veterans' Administration and revenue or pr…

The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the gua…

Whenever, pursuant to any law of the United States or regulation of the Veterans' Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided.

No person other than a bank or trust company shall be guardian of more than five (5) wards at one (1) time, unless all the wards are members of one (1) family. Upon presentation of a petition by an attorney of the Veterans' Administration or other interested person, alleging that…

(1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition withi…

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans' Administration and the fact that the appointment of a guardia…

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative that such person has been rated incompetent by the Veterans' Administration on examination in accordance with the …

Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this state, and also to the Veterans' Administration as provided by this chapter.

(1) Upon the appointment of a guardian, he shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned …

(1) Every guardian who has received or shall receive on account of his ward any moneys or other thing of value from the United States Department of Veterans Affairs shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts …

If any guardian shall fail to file with the court any account as required by this chapter, or by an order of the court, when any account is due, or within thirty (30) days after citation issues as provided by law, or shall fail to furnish the United States Department of Veterans …

Compensation payable to guardians shall be based upon services rendered and shall not exceed six percent (6%) of the amount of moneys received during the period covered by the account, provided that during any period in which benefits are not being paid for a ward, then compensat…

(a) (1) A guardian shall invest the surplus funds of his or her ward's estate in securities or property as authorized under the laws of this state but only upon prior order of the court.(2) However, a guardian may invest surplus funds without prior court authorization in:(A) Dire…

A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse, and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certifi…

(1) The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or (if he is not a minor) as a home for his dependent family. Such purchase of …

When a copy of any public record is required by the Veterans' Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans' Administration, the official custodian of such public record shall without charge provid…

In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans' Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans' Administrati…

(1) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such per…

This chapter shall be so construed to make uniform the law of these states which enact it.

This chapter may be cited as the “Uniform Veterans' Guardianship Act.”

If any provision of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the pro…

All acts or parts of acts relating to beneficiaries of the Veterans' Administration inconsistent with this chapter are hereby repealed, especially §§ 6318 to 6337 inclusive of Pope's Digest of the Statutes of Arkansas, and Act 283 of 1941. Except where inconsistent with this chap…

The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all “income” and “estate” as defined in § 28-66-101 whether the guardian shall have been appointed under this chapter or under any other law of this state, special or…

This chapter shall take effect from and after June 10, 1943.