Arkansas Code Annotated

Ark. Code Ann. § 28-65-106 (2020)

Rights of incapacitated persons

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. A ward is not presumed to be incompetent and retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted by order to the guardian by the court.
    1. A ward retains the right to communicate, visit, or interact with any person of the ward's choice.
    2. If a ward is unable to give express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the consent of the ward may be presumed by a guardian or a court based on the ward's prior relationship with the person seeking communication, visitation, or interaction with the ward.

History. Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821; Acts 2017, No. 667, § 3.

Amendments. The 2017 amendment designated the former section as (a); substituted “A ward” for “An incapacitated person for whom a guardian has been appointed” in (a); and added (b).

Research References

Ark. L. Rev.

Leflar, Liberty and Death: Advance Health Care Directives and the Law of Arkansas, 39 Ark. L. Rev. 375.

U. Ark. Little Rock L.J.

Legislative Survey, Probate, 8 U. Ark. Little Rock L.J. 597.

Survey — Probate, 10 U. Ark. Little Rock L.J. 599.

U. Ark. Little Rock L. Rev.

Matthew L. Brunson, Family Law—Providing for Those Who Cannot Provide for Themselves: A Proposal for the Arkansas General Assembly to Follow in the Footsteps of an Already Expansive Guardianship Law and Grant Guardians the Right to File for Divorce on Behalf of a Ward, 38 U. Ark. Little Rock L. Rev. 271 (2016).

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2000–2025 · leading case: Womack v. Foster, 8 S.W.3d 854 (Ark. 2000).
Womack v. Foster, 8 S.W.3d 854 (Ark. 2000). · cites it 4× “Womack first argues that the appointment of a guardian does not mean that Annie Dempsey is incompetent.”
(In the Matter of the Guardianship of Grace Yvonne Fenner) Grace Yvonne Fenner v. Christopher Michael Fenner, 2025 Ark. App. 612. · cites it 2× “al well-being; (4) she makes her own medical decisions by filling her own prescriptions and making her own doctor’s appointments, and she provides medical assistance to appellee when he manifests symptoms and side effects associated with his diabetes; (5) appellee has failed to…”
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