Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 146
4
5 By: Senator B. Ballinger
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE LAW CONCERNING THE OFFICE OF
9 PUBLIC GUARDIAN FOR ADULTS; TO AMEND THE LAW
10 CONCERNING THE DUTIES OF THE PUBLIC GUARDIAN FOR
11 ADULTS; AND FOR OTHER PURPOSES.
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13
14 Subtitle
15 TO AMEND THE LAW CONCERNING THE OFFICE OF
16 PUBLIC GUARDIAN FOR ADULTS; AND TO AMEND
17 THE LAW CONCERNING THE DUTIES OF THE
18 PUBLIC GUARDIAN FOR ADULTS.
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21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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23 SECTION 1. Arkansas Code Title 28, Chapter 65, Subchapter 1, is
24 amended to add an additional section to read as follows:
25 28-65-111. Payment for services rendered or goods purchased by or for a
26 ward.
27 (a)(1) Upon petition by the Department of Human Services, a court may
28 direct payment from the assets of the ward for services rendered or goods
29 purchased by or for the ward during the course of the guardianship.
30 (2) Notwithstanding the requirement of 28-51-303(b)(2)(A), the
31 court may allow the sale of a ward's property at public auction for less than
32 three-fourths (3/4) of the appraised value.
33 (b) A facility or program that receives payment for services rendered
34 or to be rendered to a ward shall file a written report quarterly with the
35 court that itemizes how the funds were expended for the benefit of the ward.
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SB146
1 SECTION 2. Arkansas Code 28-65-703(a) and (b), concerning the duties
2 of the Public Guardian for Adults, is amended to read as follows:
3 (a) The Public Guardian for Adults:
4 (1) Shall administer and organize the work of the Office of
5 Public Guardian for Adults;
6 (2)(A) May employ staff as necessary to carry out the functions
7 of the office, including the employment of Deputy Public Guardians for Adults
8 who: Shall employ and assign Deputy Public Guardians for Adults to provide
9 guardianship services upon appointment in the Fourth Judicial District,
10 Nineteenth Judicial District-West, Nineteenth Judicial District-East, and, if
11 determined to be necessary, any other judicial district.
12 (B) All Deputy Public Guardians for Adults:
13 (A)(i) Meet Shall meet the same qualifications as
14 required for the Public Guardian for Adults in 28-65-702;
15 (B)(ii) Have Shall have the same power and duties as
16 the Public Guardian for Adults except those related to the administration and
17 organization of the Office of Public Guardian for Adults; and
18 (C)(iii) May act on behalf of the Public Guardian
19 for Adults in matters related to guardianships held by the Public Guardian
20 for Adults; and
21 (3) Shall employ staff as necessary to carry out the functions
22 of the office, including the provision of adequate support for Deputy Public
23 Guardians for Adults;
24 (4)(A) May contract with an individual who meets the
25 qualifications for the Public Guardian for Adults under 28-65-702 to
26 provide guardianship services to an adult who becomes a ward of the state.
27 (B) An individual with whom the Public Guardian for Adults
28 contracts under subdivision (a)(4)(A) of this section shall not be:
29 (i) An employee of any facility or program that
30 provides services to the ward; or
31 (ii) Related to the owner or any staff member of any
32 facility or program that provides services to the ward; and
33 (3)(A)(5)(A) May accept the services of volunteers a volunteer
34 who shall possess all of the qualifications of a guardian required under
35 28-65-203.
36 (B) If approved by the Public Guardian for Adults, the
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SB146
1 volunteer shall be reimbursed for expenses in the same manner as public
2 employees.
3 (C) A volunteer shall not be an employee of any facility
4 or program that provides services to the ward.
5 (D) Volunteers A volunteer shall not be related to the
6 owner or any staff member of any facility or program that provides services
7 to the ward.
8 (b)(1) The Public Guardian for Adults shall receive and review
9 referrals for adult guardianship.
10 (2) A court shall not may appoint the Public Guardian for Adults
11 as the guardian of a person or estate, or both, unless the Public Guardian
12 for Adults petitions for the guardianship and consents to the appointment if
13 a willing person or entity that is qualified to be a guardian under 28-65-
14 203 is unavailable.
15
16 SECTION 3. Arkansas Code 28-65-703(h), concerning the duties of the
17 Public Guardian for Adults, is repealed.
18 (h)(1) Upon petition by the Department of Human Services, a court may
19 direct payment from the assets of the ward for services rendered or goods
20 purchased by or for the ward during the course of the guardianship.
21 (2) Notwithstanding the requirement of 28-51-303(b)(2)(A), the
22 court may allow the sale of a ward's property at public auction for less than
23 three-fourths (3/4) of the appraised value.
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Statutes affected: SB 146: 28-65-703(a), 28-65-703(h)