Hale v. Coffman

Appellant petitioned the circuit court to obtain permanent guardianship over her father, Appellee, alleging that Appellee suffered from mental incapacity and was unable to provide for his health, maintenance, and safety. The circuit court dismissed the petition, concluding that Appellant failed to comply with Ark. Code Ann. 28-65-211(b)(2) because she failed to put forth a professional evaluation from a member of the medical staff of Conway Healthcare and Rehabilitation Center (CHRC), where Appellee was located at the time of trial. Appellant appealed, arguing that the circuit court erred in finding that CHRC is an institution for treatment of mental or nervous diseases, and consequently, Appellant was not required to present testimony or a sworn written statement regarding Appellee’s incapacity by a professional on the medical staff of CHRC. The Supreme Court reversed, holding that, for the purposes of section 28-65-211(b)(2), CHRC is not an institution for the treatment of mental or nervous diseases, and therefore, the circuit court erred in concluding that Appellant was required to present testimony or a sworn written statement by a qualified professional on the medical staff of CHRC. View "Hale v. Coffman" on Justia Law