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 one include medical, financial responsibilities, or real estate transactions. But one or more agents can be appointed to undertake any matter for the principal.
Ordinarily, principals would designate close associates, friends, or spouses as agents in a power of attorney because of the nature of decisions it empowers the agent to make. However, it must be prepared and signed according to state laws to be valid.
Free POA Forms
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 signature to be valid. It is essential to pay attention to these details to avoid legal defects.
Advance Directive POA Form
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Durable (Statutory) Power of Attorney Form
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General (Financial) Power of Attorney Form
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Limited Power of Attorney Form
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Living Will Power of Attorney Form
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Medical Power of Attorney Form
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Parental (Child) Power of Attorney Form
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Real Estate Power of Attorney Form
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Revocation of Power of Attorney Form
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Tax Power of Attorney Form
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Vehicle Power of Attorney Form
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Springing Power of Attorney Form
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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 POA is not terminated even if the principal becomes incapacitated or deceased (see § 28-68-102(2)).
It 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
It is to be signed by the principal in the presence of a notary public to be valid.
Arkansas power of attorney requirements
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.
EXAMPLE
“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 the powers of the agent, instances where it would be terminated, special clauses, etc. After that, you should state how long 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 the POA, the principal’s incapacitation will determine the agent’s powers. Incapacitation refers to a physical or mental impairment that prevents a principal from making decisions.
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.
How do I get Power of Attorney in Arkansas?
Here are the simple steps to follow if you need to obtain one:
- 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.
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