Arkansas
Overview
Arkansas enacted decision-making legislation in regards to organ transplants in 2021. A bill that would recognize supported decision-making has been previously introduced, but there are no new supported decision-making bills pending. We have not located any case law specifically recognizing supported decision-making, but it may still be required as a less restrictive alternative to guardianship.
Guardianship Laws
Adult Guardianship Statute:
Ark. Code Ann. §§ 28-65-101 to -707; 28-67-101 to -111; 28-74-101 to -505
Supported Decision-Making
State Legislation
- S.B. 155, 93rd Gen. Assem., 2021 Reg. Sess. (Ark 2021) “Lila’s Law”
- Description: To prohibit discrimination against persons with disabilities in regards to organ transplants, to require reasonable modifications by covered entities & provide additional aids & services during the organ transplant process, including Supported Decision-Making.
- Status: Passed on 04/19/2021; Enacted on 04/26/2021
- Public Link: [https://www.arkleg.state.ar.us/Bills/Detail?tbType=&id=sb155&ddBienniumSession=2021%2F2021R]
- A.C.A. § 20-14-901 et seq. (2021) “Lila’s Law”
- Description: To prohibit discrimination against persons with disabilities in regards to organ transplants, to require reasonable modifications by covered entities & provide additional aids & services during the organ transplant process, including Supported Decision-Making.
- Status: Passed on 04/19/2021; Enacted on 04/26/2021
- Public Link: [https://www.arkleg.state.ar.us/Bills/Detail?tbType=&id=sb155&ddBienniumSession=2021%2F2021R]
None found
- H.B. 1005, 93rd Gen. Assem., 2021 Reg. Sess. (Ark 2021)
- Description: To establish the Supported Decision-making Agreement Act.
- Status: Failed – Died in House Committee after third reading.
- Public Link [https://www.arkleg.state.ar.us/Bills/Detail?tbType=&id=hb1005&ddBienniumSession=2021%2F2021R]
Case Law & Court Orders
None found
State Grant Programs
None awarded
Other Resources
- Article/Blog Post: Guardianship and decision-making focus of this week’s Speak Up Arkansas
Link: disabilityrightsar.org/guardianship-and-decision-making-focus-of-this-weeks-speak-up-arkansas-blog/
Information Last Updated: July 21, 2022