(a)

1. (1) Pursuant to Arkansas Code § 20-10-1704(c), no resident shall be permitted to remain in an assisted living facility if the resident’s condition requires twenty-four-hour nursing care or other services that an assisted living facility is not authorized by law to provide.
2. (2) Further, this prohibition applies even if the resident is willing to execute an agreement relieving the facility of responsibility attendant to the resident’s continued placement.

(b) Subject to the foregoing restriction, an assisted living facility may retain a resident who becomes incompetent or incapable of recognizing danger, summoning assistance, expressing need, or making care decisions provided that the facility ensures all of the following:

1. (1) That adequate oversight, protection, and services are provided for the person;

2. (2)

   1. (A) That the resident has a guardian or has an agent with a current power of attorney, regardless of whether it is durable, for health care, or both.
   2. (B) The power of attorney for health care must substantially cover the person’s areas of incapacity to meet the requirement of this subsection;
3. (3) That both the service agreement and compliance agreement, if required, is signed by the guardian and the healthcare agent or the agent with power of attorney, if any; and
4. (4) The retention is for a period of no more than ninety (90) days, with no more than a total of two (2) ninety-day periods for a single resident in any continuous twelve-month period.