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Arkansas Power of Attorney Form

Updated Dec 06, 2025

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Create an Arkansas Power of Attorney Form

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What type of Power of Attorney do you want to create?

General Power of Attorney Limited/Special Power of Attorney Durable Power of Attorney Springing Power of Attorney Medical/Healthcare Power of Attorney

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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ARKANSAS POWER OF ATTORNEY FORM

NOTICE TO THE PRINCIPAL

As the "Principal," you are using this Power of Attorney to grant power to another person (called the "Agent") to make decisions about your money, property, or other matters. An Agent’s duties are legal and financial, not medical. This document does not authorize anyone to make medical or other health care decisions for you.

This Power of Attorney is durable, meaning it remains effective even if you become incapacitated or incompetent. You should select someone you trust to serve as your Agent. Unless you specify otherwise, generally the Agent’s authority will continue until you die or revoke the Power of Attorney, or the Agent resigns or is unable to act for you.

I. DESIGNATION OF AGENT

I, , of , , Arkansas, (the "Principal"), hereby designate and appoint:

Name of Agent:
Agent's Address:
Agent's Telephone:

as my Agent to act for me and in my name and for my use and benefit.

II. DESIGNATION OF SUCCESSOR AGENT

Add Successor Agent?

If my Agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent:
Successor Agent's Address:
Successor Agent's Telephone:

III. GRANT OF GENERAL AUTHORITY

I grant my Agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Arkansas Uniform Power of Attorney Act (Arkansas Code Title 28, Subtitle 5, Chapter 68).

(Check all that apply. If you wish to grant authority for all subjects, check the box for "All Preceding Subjects")

Real Property

Tangible Personal Property

Stocks and Bonds

Commodities and Options

Banks and Other Financial Institutions

Operation of Entity or Business

Insurance and Annuities

Estates, Trusts, and Other Beneficial Interests

Claims and Litigation

Personal and Family Maintenance

Benefits from Governmental Programs or Civil or Military Service

Retirement Plans

Taxes

All Preceding Subjects

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My Agent MAY NOT do any of the following specific acts for me UNLESS I have checked the specific box below. These powers are distinct from the general authority granted above and require express authorization pursuant to A.C.A. § 28-68-201.

(Check all that apply)

Create, amend, revoke, or terminate an inter vivos trust

Make a gift, subject to the limitations of the Arkansas Uniform Power of Attorney Act

Create or change rights of survivorship

Create or change a beneficiary designation

Authorize another person to exercise the authority granted under this Power of Attorney

Waive the Principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

Exercise fiduciary powers that the Principal has authority to delegate

V. LIMITATION ON AGENT'S AUTHORITY

An Agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the Agent or a person to whom the Agent owes an obligation of support unless I have included that authority in the Special Instructions.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

VII. EFFECTIVE DATE

This Power of Attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF GUARDIAN

Nominate a Guardian?

If it becomes necessary for a court to appoint a guardian of my estate or guardian of my person, I nominate the following person(s) for appointment:

Nominee's Name:
Nominee's Address:

IX. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my Agent, may rely upon the validity of this Power of Attorney or a copy of it unless that person knows it has terminated or is invalid.

X. GOVERNING LAW

This Power of Attorney shall be governed by the laws of the State of Arkansas.

XI. SIGNATURE AND ACKNOWLEDGMENT

Principal's Signature

I sign my name to this Power of Attorney on the date listed below.

Signature: _________________________
Date:
Print Name: _______________

Witnesses (Recommended but not required by Arkansas law if Notarized)

Include Witnesses?

We, the witnesses, each sign this instrument in the presence of the Principal, and at the Principal's request, and declare that the Principal signs it willingly (or willingly directs another to sign for the Principal), and that each of us, in the presence of the Principal, signs this instrument as witness.

Witness 1
Signature: _________________________
Date:
Print Name:
Address:

Witness 2
Signature: _________________________
Date:
Print Name:
Address:

XII. NOTARY ACKNOWLEDGMENT

Include Notary Public Section?

State of Arkansas
County of

On this , before me, , a Notary Public in and for said State, personally appeared _______________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.

Notary Public Signature: _________________________
Print Name: _______________
My Commission Expires:

(Seal)

XIII. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of Arkansas
County of

I, _______________ (Name of Agent), certify under penalty of perjury that _______________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated _______________.

I further certify that to my knowledge:
(1) The Principal is alive and has not revoked the Power of Attorney or my authority;
(2) The Power of Attorney and my authority have not terminated;
(3) If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(4) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(5)

Agent's Signature

Signature: _________________________
Date:
Print Name: _______________
Address: _______________
Telephone: _______________

Notary Acknowledgment for Agent

Include Agent Notary Section?

State of Arkansas
County of

Subscribed and sworn to before me on this .

Signature: _________________________
Print Name:
Title: Notary Public
My Commission Expires:

(Seal)

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What is a Arkansas Power of Attorney Form?

An Arkansas Power of Attorney Form is a legal instrument that grants a designated individual, known as the agent or attorney-in-fact, the authority to act on behalf of another person, referred to as the principal. This document is primarily used to manage financial affairs, real estate transactions, business operations, or healthcare decisions when the principal is unable to do so themselves or prefers to delegate these responsibilities. The scope of authority granted within the document can range from specific, limited tasks to broad, comprehensive powers, depending on the principal's intent and the specific language used in the drafting process. These forms are essential tools in estate planning, ensuring that a trusted representative can maintain the principal's affairs during periods of absence or incapacitation.

Types of Power of Attorney in Arkansas

The state recognizes several distinct categories of power of attorney arrangements, each serving specific legal functions. The General Power of Attorney confers broad powers to the agent, allowing them to handle most financial and legal matters. However, a standard general power of attorney typically becomes invalid if the principal becomes incapacitated. To address this, the Durable Power of Attorney contains specific language stating that the agent's authority remains in effect or becomes effective upon the principal's disability or incapacity.

Alternatively, a Limited (or Special) Power of Attorney restricts the agent's authority to specific transactions or a set period. For example, a principal might authorize an agent solely to sign closing documents for a real estate sale while the principal is out of the country. Furthermore, the Medical Power of Attorney, often referred to as a Durable Power of Attorney for Health Care, specifically delegates authority regarding medical treatment and healthcare decisions, distinct from financial matters.

Legal Framework and Statutory Requirements

The governance of financial powers of attorney in the state is dictated by the Arkansas Uniform Power of Attorney Act, found in Title 28, Chapter 68 of the Arkansas Code (A.C.A. § 28-68-101 et seq.). This legislation, enacted to align Arkansas law with national standards, outlines the duties of the agent, the validity of the document, and the rights of the principal. According to A.C.A. § 28-68-105, for a power of attorney to be valid, it must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name. For documents intended to be recorded or used for significant financial transactions, the signature must be acknowledged by a notary public.

Healthcare directives operate under a different statute, specifically the Arkansas Durable Power of Attorney for Health Care Act (A.C.A. § 20-13-104). Unlike financial forms, healthcare documents often require either two witnesses or a notary public to verify the principal's signature. The law strictly prohibits certain individuals, such as the treating physician or employees of the healthcare facility where the principal is a patient, from serving as witnesses to ensure the voluntary nature of the directive.

Fiduciary Duties of the Agent

When an individual accepts the appointment as an agent under an Arkansas Power of Attorney Form, they assume a fiduciary role. This legal relationship mandates that the agent acts in good faith and solely in the best interest of the principal. Under the Uniform Power of Attorney Act, agents are required to act loyally for the principal's benefit, avoid conflicts of interest that impair their ability to act impartially, and act with the care, competence, and diligence that a prudent person would exercise in similar circumstances.

Agents are also required to keep a complete record of all receipts, disbursements, and transactions made on behalf of the principal. Failure to adhere to these standards can result in civil liability for damages caused by the breach of duty and, in cases of exploitation or theft, potential criminal charges.

Required Elements of a Valid Arkansas Power of Attorney Form

To ensure enforceability and acceptance by third parties such as banks and hospitals, the document must contain specific components. Missing elements can lead to the rejection of the document at critical moments.

Identification of Parties: The full legal names and addresses of both the principal and the designated agent(s).
Grant of Authority: A clear description of the powers being granted. The Arkansas statutory form allows principals to initial specific categories (e.g., Real Property, Banking, Taxes) or grant all preceding powers.
Durability Provision: Explicit language stating whether the power of attorney is durable (survives incapacity) or non-durable.
Signature and Acknowledgment: The principal's signature, dated and acknowledged before a notary public (for financial POA) or appropriate witnesses (for medical POA).
Revocation Clause: While not strictly required for validity, a statement revoking all prior powers of attorney is standard to avoid confusion regarding conflicting documents.

Revocation and Termination

A principal retains the right to revoke an Arkansas Power of Attorney Form at any time, provided they are of sound mind and competent to do so. Revocation is typically achieved by executing a new power of attorney or signing a formal revocation document and delivering it to the agent and any third parties (such as financial institutions) that have the original on file. Additionally, the authority of the agent automatically terminates upon the death of the principal. Under Arkansas law, if the agent is the principal's spouse, the filing of an action for divorce or annulment automatically terminates the agent's authority unless the power of attorney explicitly states otherwise.

Frequently Asked Questions

Yes, for a financial power of attorney to be presumed genuine and valid under the Arkansas Uniform Power of Attorney Act, the principal's signature must be acknowledged by a notary public. While healthcare powers of attorney can sometimes use witnesses instead, notarization is the standard best practice for all legal documents to ensure acceptance.

Yes, a principal may appoint co-agents who can act independently or who must act jointly, depending on how the document is drafted. If the document does not specify, co-agents may exercise their authority independently under Arkansas law.

A standard power of attorney does not have an expiration date unless one is specifically written into the document. However, the authority ends automatically upon the death of the principal, or if the principal revokes the document while competent.

An immediate power of attorney becomes effective as soon as the principal signs the document. A springing power of attorney only becomes effective upon the occurrence of a specific event, typically when a physician certifies that the principal has become incapacitated.

While it is not legally required to hire a lawyer to create this form, legal counsel is highly recommended to ensure the document complies with A.C.A. § 28-68-101. Statutory forms are available, but complex estates or specific family dynamics may require customized drafting.

No, an agent cannot create, amend, revoke, or change the principal's Last Will and Testament. The authority granted is strictly for managing the principal's affairs during their lifetime and does not extend to testamentary dispositions.

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