A durable power of attorney form in Arkansas is a legal document that allows someone (the “principal”) to designate a trusted person (the “agent”) to make decisions on their behalf.
A durable power of attorney stays in effect even if the principal becomes incapacitated, whereas a non-durable power of attorney does not.
You must sign a durable power of attorney while you are still of sound mind, but the document is used once you become incapacitated—that is if you become unconscious or suffer from dementia. Under Arkansas law, a durable power of attorney specifically allows your healthcare agent to make decisions about withholding or withdrawing your end-of-life medical treatment.
Read on to learn how to use a durable power of attorney in The Natural State.
Arkansas Durable Power of Attorney Requirements
In Arkansas, power of attorney forms are durable by default.
Relevant Laws: A.C.A. § 28-68-101 (Uniform Power of Attorney Act).
Presumed Durable: Yes — durability presumed (A.C.A. § 28-68-104).
Signing: Signature required. No witnesses are required.
Notarization: Signature presumed genuine if acknowledged before a notary public (A.C.A. § 28-68-105).
Statutory Form: Yes (A.C.A. § 28-68-301).
How to Fill Out an Arkansas DPOA Form
Follow these steps to easily complete our blank durable power of attorney form for Arkansas:
Step 1: Designate an Agent
Before creating a durable power of attorney, think carefully about whom you’ll give the authority.
As a principal, you should also be informed about what a power of attorney is and the risks associated with drawing one up. For example, a durable power of attorney can be the best choice if you want someone to manage your bank account on your behalf without adding them to the account itself.
Both the principal and the agent should write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
In Arkansas, the durable POA will be made by either granting your agent comprehensive authority or by selecting from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent authority in some of these areas:
- real estate
- investment and account management
- operating a business
- retirement plans
If needed, you can also write specific instructions about the actions the agent should perform on your behalf.
Even if you sign a durable power of attorney, you can still act on your own behalf. You can also take back control of your affairs at any time, for any reason, by revoking the durable power of attorney.
Step 3: Ensure Your Form Is Durable
In Arkansas, a power of attorney is presumed to be durable unless it’s specified to be non-durable on the form.
Step 4: Sign and Date the Form
To complete the paperwork, the Arkansas Principal will need to sign the durable power of attorney in front of a Notary Public. The signature needs to be accompanied by the date, address, and telephone number of the principal.
In the final section of the signature, the Arkansas Notary Public must notarize the principal’s signature.
Storing and Using Your Form in Arkansas
After completing your durable power of attorney form, you should store it in a safe deposit box or secure place in your home.
To use the durable power of attorney, you need to give your agent a copy of the form. You should also give a copy to family members, a trusted friend, and third parties where it will be used (such as your landlord, bank, or a state agency).
Signing on Behalf of the Principal
To have an agent sign on your behalf, contact the third party or place where the DPOA will be used, provide your ID and that of your agent, and allow your agent to sign.
The agent can then sign on your behalf as follows:
[Principal’s name]
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Arkansas
Unless otherwise specified, a durable power of attorney automatically ends at your death. It can also end if:
- You revoke it by filing a revocation of power of attorney.
- The agent is unavailable. For good measure, you can add a successor (alternate) agent in your document.
- A court deems the document invalid, usually because it concludes that you were not mentally competent when you signed it.
In Arkansas, if your spouse is named as your agent in your POA and you get divorced, that designation automatically ends. To be clear, your ex-spouse’s authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.