Arkansas (AR) law lets you create a medical power of attorney (MPOA), naming a trusted person to make healthcare decisions on your behalf if you become unable to communicate your wishes. The person you appoint is called your agent, and is responsible for handling your medical affairs only while you’re incapacitated.
In Arkansas, a medical power of attorney can also be referred to as an:
- Arkansas Durable Power of Attorney for Health Care
- Arkansas Medical POA
Laws: Arkansas Code, Title 20, Subtitle 2, Chapter 6, Subchapter 1 governs the creation of medical powers of attorney in Arkansas.
In addition to your MPOA, consider adding the following documents to your end-of-life care plan:
- Living Will: Living wills are another type of advanced directive for healthcare that allow you to give medical professionals specific instructions regarding your end-of-life wishes.
- Arkansas Financial Power of Attorney: A financial power of attorney allows you to name someone to handle your financial affairs should you become incapacitated.
How to Fill in a Medical Power of Attorney in Arkansas
Take these steps to make sure your medical power of attorney is completed according to Arkansas Code § 20-6:
Step 1: Choose an Agent
Your agent, or attorney-in-fact, might make important medical decisions on your behalf if you become incapacitated.
Who should you choose as an agent?
You should choose someone you trust to carry out your wishes. It’s ideal if your agent has a good understanding of your values and beliefs in case they need to make a decision for you without clear instructions.
Relevant Law: AR Code § 20-6-105
Who can’t be your agent?
The following people can’t be your agent:
- Anyone under the age of 18
- Your healthcare provider
- An operator of a healthcare facility
Unless they’re related to you by blood, marriage or adoption, the following people also can’t be your agent:
- An employee of your healthcare provider
- An employee of a healthcare facility operator
Relevant Law: AR Code § 20-6-105
Can you have more than one agent?
You can name a backup agent to serve in case your primary agent is unavailable or unwilling.
Relevant Law: AR Code § 20-6-105
Step 2: Specify what healthcare decisions your agent can make
Decide how much and what kind of powers to give your agent, such as treatment, access to your medical records, and some post-death decisions.
Can you limit your agent’s powers?
Yes, you can include conditions for your agent’s powers including:
- That your agent’s power should only go into effect after a certain event
- Specific decisions your agent is or isn’t authorized to make on your behalf
- Specific instructions for your medical care
Since Arkansas law doesn’t place limits on health care agents’ powers, it’s important to include any preferences and limits in your MPOA document.
Relevant Law: AR Code § 20-6-106 and AR Code § 20-6-103
What is your agent legally unable to do?
Your agent can typically make all the medical decisions you would normally make for yourself, but they’re legally bound to make decisions according to your wishes. If your agent doesn’t know your wishes for a specific matter, they must act in your best interests and based on your personal values.
Relevant Law: AR Code § 20-6-106
When can your agent start making decisions for you?
Your agent can only make decisions for you if your doctor determines you can no longer make those decisions yourself. If you regain the ability to make decisions for yourself after a period of incapacity, your agent will lose their decision-making power over your medical affairs.
Relevant Law: AR Code § 20-6-103
Step 3: Sign the form
Take these steps to ensure your medical POA is legally binding in Arkansas.
Do you need a witness or notary signature?
Yes, you must sign in the presence of either a notary public or two competent adult witnesses.
Relevant Law: AR Code § 20-6-103
Who can’t be a witness?
Arkansas has several requirements for witnesses. Neither witness can be:
- A minor
- Your agent
Furthermore, at least one of the witnesses can’t be:
- Related to you by blood, marriage, or adoption
- Someone who’s entitled to any part of your estate
Relevant Law: AR Code § 20-6-103
How long is your Arkansas medical power of attorney effective?
The Arkansas Medical Power of Attorney for Health Care becomes ineffective upon your death or when you revoke it.
Relevant Law: AR Code § 20-6-103
How to Revoke an Arkansas Medical Power of Attorney
You can revoke your Arkansas medical power of attorney at any time you wish, as long as you are not incapacitated. Take any of the following actions to revoke your MPOA:
- Create a new medical power of attorney with different terms
- Write a revocation of power of attorney form
- Notify your agent that you want to revoke their powers
- Notify your doctor that you want to revoke your medical power of attorney
In addition, if your spouse is your agent and you annul your marriage or divorce, the power of attorney is automatically revoked unless you specify otherwise in the medical POA document.
Relevant Law: AR Code § 20-6-104
