A Power of Attorney in Arkansas is a legal document that delegates the authority of the donor (“principal”) to another person or entity (“agent”) to act on their behalf and make decisions.
The frequent reasons for giving an Arkansas power of attorney include medical, financial responsibilities, or real estate transactions. But generally, one or more agents can be appointed to undertake any matter for the principal.
Ordinarily, principals would designate close associates or friends, or spouses as agents in a power of attorney because of the nature of decisions it empowers the agent to make. However, in Arkansas, your power of attorney must be prepared and signed according to state laws to be valid.
11 Types of POA
It would be best to use different types of power of attorney for specific circumstances in Arkansas (AR). Each type of POA comes with different requirements for its form or signing to be valid. It is essential to pay attention to these details to avoid legal defects.
Advance Directive
A healthcare advance directive is either used to directly instruct a medical practitioner on the treatment plan and care to give the principal in the case of incapacitation (“living will”). In other instances, the responsibility of making the decisions on healthcare, such as treatments, planning, care, and surgery, for the principal may be delegated to a close one (“medical power of attorney”). Under a medical power of attorney, the agent’s powers usually become exercisable when the principal becomes physically or mentally unable to make healthcare decisions.
You can make an advance directive in cases of terminal illnesses where you know that you may become incapacitated or what should do if your heartbeat stops. It can also be made to cater to emergencies (coma, accidents, heart attack, seizure, etc.)
Advance directives are governed by the Arkansas Healthcare Decisions Act (Ark. Code § 20-6-103). The principal must sign an advance directive in the presence of a notary public or two competent adult witnesses (at least one must not be related by marriage, blood, or adoption to the principal).
Download: Microsoft Word (.docx)
Durable (Statutory) Power of Attorney
An Arkansas durable or statutory power of attorney grants the agent legal permission to continue acting for the principal even if they become incapacitated. It is often used for committing financial or property management responsibilities to a trusted friend or family.
A durable power of attorney may be withdrawn if the principal executes a revocation form or upon the principal’s death. If an agent acts outside the scope of a durable power of attorney or acts after the revocation of their powers, the agent may be held liable for damages.
Arkansas Durable or Statutory POAs are regulated by the Uniform Power of Attorney Act Ark. Code § 28-68-301 (“Arkansas Code Title 28, Chapter 68”). The principal should sign the form in the presence of a notary public.
The statute contains specific forms for introducing different features into your power of attorney, such as successive agents, termination events, special instructions, etc.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
The significant difference between a general power of attorney and a durable power of attorney is that the principal’s incapacitation terminates a GPOA. Usually, GPOA forms grant the agent the power to make financial decisions on their behalf. However, it is called “general” because the powers may also be broadened beyond the scope.
The agent’s powers are described in the “Grant of General Authority” section. The agent is obliged to conduct their principal’s affairs to the best of their knowledge and capacity till the POA is revoked.
The GPOA is also governed by the Uniform Power of Attorney Act (AR Code § 28-68-105) and must be signed by the principal in the presence of a notary public.
Download: Microsoft Word (.docx)
Limited Power of Attorney
Just as its name implies, the principal can limit the scope of a POA to a particular transaction or subject matter (e.g., finances or property). One advantage of using a limited power of attorney is that the principal can appoint different agents to act on different matters without conflict.
Principals can utilize a limited power of attorney to tailor the actions of an agent during the exercise of their powers. If the agent is simply a professional or not a trusted associate, a limited power of attorney is often the right option.
It is also called an extraordinary power of attorney, and it terminates once the task set in the POA is accomplished. This POA can also be revoked by giving written notice to the agent.
(ACA § 28-68-201) the document must be signed by the principal in the presence of a notary public.
Download: Microsoft Word (.docx)
Living Will
Rather than use a medical power of attorney that requires an agent’s designation, the principal can decide what medical treatment they wish or what options they would receive in incapacitation and inform their caregiver of these wishes. You can use a living will to explain to a healthcare practitioner the kind of treatment you would like to receive if you can no longer make decisions due to incapacitation.
A living will also contain a “Do Not Resuscitate” instruction, i.e., defibrillators or heartbeat restoration devices and techniques should not be used on you if your heartbeat stops.
Living wills are regulated by the Public and Welfare Arkansas Code (Ark. Code § 20-17-202). The principal must sign them in the presence of a notary public or two competent adult witnesses (at least one must not be related by marriage, blood, or adoption to the principal).
Download: Microsoft Word (.docx)
Medical Power of Attorney
This type of power of attorney designates a trusted friend or associate to make the necessary medical decisions if they become mentally or physically incapacitated.
Arkansas medical power of attorney helps patients who desire to make end-of-life decisions and wish for a close friend to direct their treatment plan. This POA may also contain specific instructions for the agent to follow in the event of incapacitation of the principal.
The medical power of attorney forms are governed by the Arkansas Healthcare Decisions Act (Ark. Code § 20-6-103). The principal must sign the form in the presence of a notary public or two competent adult witnesses (at least one must not be related by marriage, blood, or adoption to the principal).
Download: Microsoft Word (.docx)
Parental (Child) Power of Attorney
In some cases, parents may need to travel or be away. A parental power of attorney allows the parent to appoint a guardian to make decisions regarding the medical care and finances of the child for the period they are away. The guardian will be required to discharge their responsibilities under the granted authority in the child’s best interests.
The Uniform Power of Attorney Act (§ 28-68-213) regulates such forms. While there are no strict legal requirements for the signing, it is recommended that the form is signed by the parent, transferring the powers in the presence of a notary public.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
Real Estate Power of Attorney
An agent with a real estate POA in Arkansas can represent the principal in a real estate transaction and execute all the necessary documents in the principal’s name. An agent with a real estate power of attorney can do any or all of the following acts:
- sell the principal’s property
- buy a property for the principal
- carry out mortgage refinancing
- lease or rent out the property
In Arkansas, real estate POAs are governed by the Uniform Power of Attorney Act (AR Code § 28-68-105). Therefore, it should be signed by the principal and acknowledged by a notary public.
Download: Microsoft Word (.docx)
Revocation Power of Attorney
A principal may decide to withdraw the authority granted to an agent via a revocation POA signed by the principal in the presence of a notary public. A revocation form can be used to cancel specific powers of the agent or the whole power of attorney granted earlier.
There are no specific signing requirements for revocation forms in Arkansas, but the acknowledgment on the form by a notary public is recommended.
Download: Microsoft Word (.docx)
Tax Power of Attorney
With a tax power of attorney, an accountant or tax professional can file your tax returns or represent the principal before the tax authorities.
A tax power of attorney will include all your taxpayer information, including your Social Security Number. In Arkansas, the principal’s signature will suffice to make it valid.
A tax power of attorney is also referred to as the “Department of Finance and Administration Power of Attorney”.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney
Under a vehicle power of attorney, the principal can appoint an agent to handle a vehicle purchase, sale, or titling transaction on their behalf and sign all the necessary documents. A vehicle POA is a unique or limited POA, and you can use it to authorize an agent to help you execute the necessary documents to receive a license from the state for your vehicle.
The principal will need to sign the vehicle power of attorney in the presence of a notary public.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A springing power of attorney is used to anticipate a future event or date, e.g., incapacitation, timeline, or other conditions. For instance, you can use a springing power of attorney if you want the agent only to act when a specific event occurs or at a later day.
Under a springing POA, the principal can specify who will declare them incapacitated or the circumstances that must happen before the agent can act. Failure to be specific may lead to a court dispute over the validity of the POA. A springing POA is not a will as it is designed to cater to your needs when you are still alive.
The POA will also elapse once the task is complete or the period specified on the POA is over.
A durable springing power of attorney (a specie of springing power of attorney) comes into effect at a future time and is not affected by the principal’s incapacitation. However, it must be signed in the presence of a notary public.
Download: Microsoft Word (.docx)
Governing Laws and Rules
A durable power of attorney is regulated in Arkansas by the Uniform Power of Attorney Act (Title 28, Subtitle 5, Chapter 68). Recall that a durable power of attorney is not terminated even if the principal becomes incapacitated or deceased (see § 28-68-102(2)). A durable power of attorney can be granted to an agent or a company to manage any of the following matters:
- Medical decisions
- Legal affairs
- Real estate transactions
- Financial decisions
- Application for benefits from the government
- To file tax returns or represent you before the tax authorities
A durable power of attorney is to be signed by the principal in the presence of a notary public to be valid.
Arkansas power of attorney requirements
When using a power of attorney form in Arkansas, you need to know the requirements and details to be valid. This section talks about the parts of a POA form and the details it should contain.
The document should carry the title “Power of Attorney”. Under this, the date of signing the form should be inserted. This can be in a format such as
“This Power of Attorney is made this ……….. day of ……………………………., 2022.”
Other details you need to have ready are the name and address of the principal who is delegating powers to the agent. Next, the name and address of the agent would need to be inserted, as well as if there are successive agents. The following essential features to input are the descriptions of powers of the agent, instances where it would be terminated, special clauses, etc. After that, you should state how long (duration) a power of attorney would last.
The last part of the POA, often referred to as the “Execution Paragraph/Section,” is where the principal must sign and for the notary public or witnesses to acknowledge that the form was signed in their presence.
Some POAs in Arkansas require notarization, while an advance directive can be signed in the presence of two witnesses.
Agent’s power before incapacity
Depending on a POA, the principal’s incapacitation will determine the agent’s powers. Incapacitation refers to physical or mental impairment which prevents a principal from making decisions.
For general power of attorney, the agent’s powers terminate upon incapacitation. For durable POAs, incapacitation does not affect the POA. However, a springing power of attorney may be designed to come into effect if the principal becomes incapacitated.
Free POA Forms
How to Get Power of Attorney in Arkansas?
Here are the simple steps to follow if you need to obtain a valid power of attorney in Arkansas:
- Fill the form with the required details (principal, agent, addresses, powers)
- Sign it according to the legal requirements, e.g., notarization or in the presence of witnesses
Final Remarks
A power of attorney in Arkansas is beneficial for principals who want decisions regarding themselves or their belongings or properties to be made by people they choose and not just by the operation of law.
The agent’s powers are retained with a durable POA even if the principal becomes incapacitated. The Uniform Power of Attorney Act regulates most POAs in Arkansas.
Should you choose to discontinue the grant of the agent’s powers at any time, you can get a revocation of power of attorney to that effect.
