What Is an Arkansas Power of Attorney?
An Arkansas power of attorney is a legal document that gives one individual the authority to act on behalf of another. The principal outlines the specific duties given to their trusted agent.
In Arkansas, the principal must be at least 18 years old and fully competent. A POA cannot be made while the agent is incapacitated, as defined in AR Code § 28-68-102.
Use our Arkansas power of attorney templates to customize your agreement. We offer free forms that meet state regulations and communicate your wishes.
Types of Powers of Attorney in Arkansas
Create a specific document to define the financial and medical power of attorney and outline its durability. The following types of powers of attorney can help you find an arrangement that meets your needs.
Durable vs. Non-Durable
Choose between a durable or non-durable power of attorney depending on whether you want your agent to continue after you are no longer competent. In a durable POA, the agent maintains authority until the principal’s death, while a non-durable agreement terminates power during incapacitation.
As stated in AR Code § 28-68-104, the state of Arkansas operates under the Uniform Power of Attorney Act. This means all POAs are durable unless the agreement includes a clause ending powers at the principal’s incapacity.
Financial
A financial power of attorney allows the agent to act for the principal in various situations. The principal may choose to give the agent control over financial affairs, such as:
- managing assets
- making financial transactions
- handling real estate sales
- selling or distributing personal property
Medical
A medical power of attorney allows an agent to approve health care treatments or decisions. Common abilities provided in a health care POA include the ability to make decisions such as:
- hiring healthcare professionals
- admitting or discharging the principal from medical facilities
- accepting pain management and medication plans
- allowing organ and tissue donations
According to AR Code § 20-6-103, a medical power of attorney form requires notarization or the signature of two witnesses. It can also be used in conjunction with a living will or advance directive to define the principal’s wishes for medical decisions if life-sustaining treatment is necessary.
Durable (Financial)
Gives an agent the legal authority to continue to make decisions on your behalf while you are competent and even after you become incapacitated.
Signing Requirements: Notary public.
Medical
Authorizes caregivers to fulfill your wishes and make medical decisions on your behalf in the event that you become unable.
Signing Requirements: Either a notary public or two witnesses (Ark. Code § 20-6-103).
Limited (Special)
Enables you to give powers to an agent for a task (such as signing paperwork), and typically ends when the task has been completed.
Signing Requirements: Notary public.
Non-Durable (General)
Allows your chosen agent to make and execute financial decisions on your behalf. The power ends upon the principal becoming incapacitated.
Signing Requirements: Notary public.
Springing
"Springs” into effect in a certain situation (such as your incapacitation), and ends at a time you specify on the form.
Signing Requirements: Notary public.
Motor Vehicle
Allows a representative to manage your affairs in relation to motor vehicles.
Signing Requirements: Principal Only.
Real Estate
Empowers the principal to select a trusted person as their “agent” to manage their real estate transactions.
Signing Requirements: Notary public.
Tax
Allows the taxpayer to designate an agent to represent them in tax-related matters.
Signing Requirements: Taxpayer.
Minor (Child)
Authorizes a third party (agent) to take parental responsibility for a minor temporarily.
Signing Requirements: Notary public.
How to Write a Power of Attorney for Arkansas
Follow all local laws and provide the necessary information to write an effective Arkansas POA. Create your arrangements by following these steps:
- Name principal and agents: Start by adding the name, address, and contact information of the agent and principal. AR Code § 28-68-111 allows you to appoint coagents and multiple successor agents.
- Grant general authority: Select which aspects you want to give the agent power to control. Common general authorities include managing property, investments, businesses, or medical treatments.
- Define specific authorities: Grant specific authorities to provide more advanced power. Mark whether the agent can control trusts, gifts, and beneficiaries.
- Choose the type: Select whether the agreement is a durable or non-durable power of attorney. Consider whether you want the agent to maintain their abilities if you can no longer act alone.
- Additional considerations: Include any final details or supporting documents. Use this section to appoint a guardian, add an agent authorization, or set the effective date.
Legal Requirements & Considerations in Arkansas
Successfully establishing a power of attorney requires adhering to state laws. Consider the following legal requirements and considerations for a POA in Arkansas.
Notarization
According to AR Code § 28-68-105, the principal must sign and date the document in the presence of a notary public. Having the document notarized helps avoid disputes and protects the rights of both the principal and the agent.
Filing
If the agent will be asked to handle real estate transactions, they must file the agreement with the circuit clerk in the county where the real estate is located. POAs that don’t include real property or real estate assets don’t require filing. However, providing a copy to financial institutions or health care providers offers extra security and may be required in some instances.
Revocation
Under AR Code § 28-68-110, the principal may remove the agent’s power of attorney by providing a notarized written notice of revocation. Distribute this notice to the agent and any other parties who hold a copy of the original document. Any acts taken by the agent before receiving the notice will generally remain valid.
The agent can also end their duties under a POA with a written agent resignation. In cases where the principal’s spouse acts as the agent, a divorce or legal separation automatically ends the arrangement.
