An Arkansas durable power of attorney form is a legal document that allows someone (the “principal”) to designate a trusted person (the “agent”) to make financial 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 explicitly allows your healthcare agent to make decisions about withholding or withdrawing your end-of-life medical treatment.
In Arkansas, power of attorney forms are durable by default.
- Statute: A.C.A. Title 28, Subtitle 5, Chapter 68 (Uniform Power of Attorney Act).
- Presumed Durable: Yes — durability presumed (A.C.A. § 28-68-104).
- Signing Requirements: 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).