Legal Opinion · Concurrence

Graham v. Matheny

Supreme Court of Arkansas

Decided October 8, 2009No. 08-975Published

1ConcurrenceJim Hannah, Chief Justice

I concur in the majority’s decision that this case should be reversed and remanded. I agree with the majority that the standard to be applied in termination-of-guardianship cases is fixed by the General Assembly in Arkansas Code Annotated section 28-65-401(b)(3) (Repl.2004). This section provides that a guardianship may be terminated by court order for several reasons, and relevant to the present case, “Elf, for any other reason, the guardianship is no longer necessary or for the best interest of the ward.” Ark.Code Ann. § 28-65-401(b)(3). This section provides in the disjunctive, that the…

2Cases cited9 opinions

  1. Troxel v. GranvilleSupreme Court of the United States · 2000
  2. In Re Guardianship of WilliamsSupreme Court of Kansas · 1994
  3. Lloyd v. ButtsSupreme Court of Arkansas · 2001
  4. Guardianship of Jeremiah T.Supreme Judicial Court of Maine · 2009
  5. Freeman v. RushtonSupreme Court of Arkansas · 2005

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