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Arkansas Code Title 28. Wills, Estates, and Fiduciary Relationships § 28-65-302. Decisions requiring court approval

Current as of March 28, 2024 | Updated by FindLaw Staff

(a)(1) No guardian appointed prior to October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval:

(A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;

(B) Consent to withholding life-saving treatment;

(C) Authorize experimental medical procedures;

(D) Authorize termination of parental rights;

(E) Prohibit the incapacitated person from voting;

(F) Prohibit the incapacitated person from obtaining a driver's license; or

(G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.

(2) No guardian appointed on or after October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval:

(A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;

(B) Consent to withholding life-saving treatment;

(C) Authorize experimental medical procedures;

(D) Authorize termination of parental rights;

(E) Authorize an incapacitated person to vote;

(F) Prohibit the incapacitated person from obtaining a driver's license; or

(G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.

(b) However, the provisions of subdivision (a)(2) of this section shall not apply to written requests under § 20-17-214.

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Cite this article: FindLaw.com - Arkansas Code Title 28. Wills, Estates, and Fiduciary Relationships § 28-65-302. Decisions requiring court approval - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-28-wills-estates-and-fiduciary-relationships/ar-code-sect-28-65-302/

Read this complete Arkansas Code Title 28. Wills, Estates, and Fiduciary Relationships § 28-65-302. Decisions requiring court approval on Westlaw

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