Arkansas Code Annotated
Ark. Code Ann. § 28-68-108 (2026)
Nomination of guardian — Relation of agent to court-appointed fiduciary
✓ current as of May 2026
- In a power of attorney, a principal may nominate a guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
- If, after a principal executes a power of attorney, a court appoints a guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.
History. Acts 2011, No. 805, § 1.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2024–2024 · leading case: Stephanie Wilson & William A. Buckley III v. Jeanette Kolterman, by Her Next Friend, Tad Kolterman Tad Kolterman Monica Johnson & Juanita Groomer, 2024 Ark. App. 376.
Stephanie Wilson & William A. Buckley III v. Jeanette Kolterman, by Her Next Friend, Tad Kolterman Tad Kolterman Monica Johnson & Juanita Groomer, 2024 Ark. App. 376. “See Ark. Code Ann. § 28-68-108 (a) (Repl. 2012) (“Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal’s most recent nomination.”
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