Termination of guardianships

  1. Law
  2. Arkansas Code
  3. Wills, Estates, and Fiduciary Relationships
  4. Fiduciary Relationships
  5. Guardians Generally
  6. Public Guardian for Adults
  7. Termination of guardianships

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  1. (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.

  2. (b) Neither the Public Guardian for Adults, the Office of Public Guardian for Adults, nor a volunteer shall be entitled to compensation under § 28-65-108.

  3. (c) Within forty (40) days after the death of the ward of a Public Guardian for Adults if the Public Guardian for Adults is the:

    1. (1) Guardian of the person of the ward, the Public Guardian for Adults shall:

      1. (A) File a report with the court; and

      2. (B) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward;

    2. (2) Guardian of the estate of the ward, the Public Guardian for Adults shall:

      1. (A) File a final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward;

      2. (B) Cause a notice of the filing of the final account to be published;

      3. (C) Provide a copy of the final account and notice of the death of the ward to the Department of Human Services; and

      4. (D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward; or

    3. (3) Guardian of the person and the estate of the ward:

      1. (A) File a final report and final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward;

      2. (B) Cause a notice of the filing of the final account to be published;

      3. (C) Provide a copy of the final account and notice of the death of the ward to the department; and

      4. (D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward.

  4. (d) Upon the petition of the Public Guardian for Adults to terminate the guardianship of a deceased ward, the court shall:

    1. (1) Conduct a hearing on the petition of the Public Guardian for Adults to terminate the guardianship and consider the petition, the delivery of funds, and the payment of funds for the disposition of the body of the ward as provided in this subsection;

    2. (2) Terminate the guardianship;

    3. (3) Discharge the Public Guardian for Adults from any further duty, liability, and accountability with regard to the guardianship and the estate of the deceased ward;

    4. (4) Direct delivery of the funds of the deceased ward to the appropriate person or, if no appropriate person is available, to the registry of the court pursuant to the Arkansas Rules of Civil Procedure; and

    5. (5) With regard to the disposal of the body of the ward:

      1. (A) Direct the payment of funds for the disposal of the body of the ward in a manner provided in a prior arrangement made by the ward of the Public Guardian for Adults;

      2. (B) Direct the payment of funds to dispose of the body of the ward if a prior arrangement was not made by the ward; or

      3. (C) Consent to donate the body of the ward to medical science.

  5. (e)

    1. (1) The estate of the deceased ward shall be distributed in accordance with the law on the administration of decedents' estates.

    2. (2) The discharge of a Public Guardian for Adults is final.

  6. (f) The Public Guardian for Adults and the department are not responsible for any costs, including without limitation costs related to the disposition of the body of the ward.


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