An Arkansas power of attorney revocation allows an individual to cancel or terminate a previously granted power of attorney (POA) in the state. This legal action ensures that the agent named in the original POA no longer has the authority to act on behalf of the principal.
To ensure complete termination of the agent’s authority, it’s crucial to distribute copies of the revocation document to any institutions or individuals holding a copy of the original POA. Failure to notify these parties may allow them to continue honoring actions taken by the agent, even after the revocation.
Legal Considerations
Statute – Title 28, Subtitle 5, Chapter 68 (Uniform Power of Attorney Act).
Definitions – § 28-68-110.
Signing Requirements – § 28-68-105 – Notary public.
Revocation and Termination
It’s important to note that creating a new POA does not automatically revoke a previous one unless explicitly stated in the new document.
An agent’s authority granted through a power of attorney can terminate under several circumstances:
- Upon the principal’s passing.
- The principal has the right to revoke it at any time by creating and signing a written revocation document.
- The POA itself may specify a termination date or a condition upon which the agent’s authority ends.
- If the specific purpose is fulfilled, the document automatically terminates.
- The POA loses effect if the agent becomes incapacitated, dies, or resigns without a designated successor agent named.
Fees
- Recording: Fees can vary, ranging from $15 to $50. You should record your revocation document with a local Circuit Clerk’s Office if your original POA was recorded there.
- Notary: Fees typically range from $5 to $10 per signature.
Resources
- Arkansas Secretary of State – Additional details and legal resources.
- Legal Aid Organizations – Legal assistance and resources for low-income individuals.
Related Forms
