The bill amends various sections of Arkansas law related to probate actions, adoption, and guardianship, introducing significant changes to enhance the rights and protections of minors and proposed wards. It mandates written consent for adoption from specific parties, including minors aged twelve and older, who must provide consent at the adoption hearing, although the court may waive this requirement if it serves the minor's best interest. Additionally, the bill clarifies that adult adoption requires the adult's consent at the hearing, with the possibility of waiving a spouse's consent if it is unreasonably withheld. The bill also introduces the concept of "emergency guardianship," allowing for short-term guardianship in cases of imminent danger to an incapacitated person, while emphasizing that guardianship should not be granted over a parent's objection without clear evidence of unfitness.

Further amendments focus on the guardianship process, requiring courts to appoint emergency guardians and provide notice of hearings to the proposed ward and their legal guardians, if possible. The proposed ward must be informed of their due process rights and the Ward's Bill of Rights, and personal service is required for those aged 14 and older. The bill establishes that clear and convincing evidence is necessary to prove incapacity and the need for guardianship, mandates evaluations prior to adult guardianship hearings, and emphasizes the proposed ward's right to legal representation. It also introduces provisions for emergency temporary guardianships, requiring a hearing within fourteen days, and clarifies the process for parental nominations for temporary guardianship. Overall, the bill aims to streamline the guardianship process while ensuring the best interests of the proposed wards are prioritized.

Statutes affected:
HB 1838: 9-9-206, 9-9-207, 9-10-120(a), 9-9-208(a), 9-9-208(d), 28-65-101, 9-20-103, 28-65-218(b), 28-65-107(c), 28-65-109, 28-65-202(c), 28-65-203(a), 28-65-203(f), 28-65-203(k), 28-65-204(a), 28-65-205(b), 28-65-206, 28-65-207, 28-65-213, 28-65-106(b), 28-1-112(b), 28-1-112(e), 28-65-208, 28-65-209, 28-65-210, 28-65-211, 28-65-212, 28-65-218, 28-65-214(c), 28-65-215, 28-48-201, 28-65-207(b), 28-65-221, 28-65-222, 28-65-401(b)
Act 713: 9-9-206, 9-9-207, 9-10-120(a), 9-9-208(a), 9-9-208(d), 28-65-101, 9-20-103, 28-65-218(b), 28-65-107(c), 28-65-109, 28-65-202(c), 28-65-203(a), 28-65-203(f), 28-65-203(k), 28-65-204(a), 28-65-205(b), 28-65-206, 28-65-207, 28-65-213, 28-65-106(b), 28-1-112(b), 28-1-112(e), 28-65-208, 28-65-209, 28-65-210, 28-65-211, 28-65-212, 28-65-218, 28-65-214(c), 28-65-215, 28-48-201, 28-65-207(b), 28-65-221, 28-65-222, 28-65-401(b)