Bill > HB1838

This bill amends Arkansas law concerning probate actions, adoption, and guardianship with several key provisions. The bill updates definitions and procedures for guardianships, including emergency and temporary guardianships, by clarifying notice requirements, evaluation processes, and court procedures. For adoptions, the bill modifies consent requirements, specifically changing rules about when a minor's or spouse's consent is needed and how that consent should be obtained. The bill introduces more stringent standards for establishing guardianships, requiring "clear and convincing evidence" in multiple contexts and emphasizing the importance of protecting the rights and best interests of proposed wards. Notable changes include expanding the degree of familial relationship for certain guardianship exemptions, creating more specific definitions for emergency guardianship, and establishing clearer protocols for temporary guardianships. The bill also eliminates the previous statute on standby guardians and revises parental nomination of temporary guardians, giving more consideration to the wishes of a deceased parent while still prioritizing the living legal parent's rights. Overall, the bill aims to provide more comprehensive and protective legal frameworks for guardianship and adoption proceedings in Arkansas.

Justice

https://arkleg.state.ar.us/Bills/Detail?id=hb1838&ddBienniumSession=2025%2F2025R