Arkansas Power of Attorney
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Arkansas Legal Requirements
Key AR statutes and obligations that apply to your power of attorney.
Requirements
- Governed by the Arkansas Durable Power of Attorney Act (Ark. Code Ann. §28-68-101 et seq.)
- Must be signed by the principal and two witnesses, and acknowledged before a notary public
- A durable POA must expressly state it survives the principal's incapacity
- Healthcare POA is a separate document under Arkansas's Advance Directive Act (§20-17-201 et seq.)
- The agent (attorney-in-fact) must act in the principal's best interests and avoid conflicts of interest
Restrictions & Limits
- Witnesses may not be: the agent, a relative of the agent, anyone who will inherit from the principal, or the principal's healthcare provider
- An agent may not make gifts to themselves unless expressly authorized in the POA
- A POA terminates upon the principal's death
- Courts may remove an agent who breaches fiduciary duties
Official Statute References
Primary Arkansas statutes governing this document type.
Arkansas Power of Attorney FAQ
Common questions about power of attorneys under Arkansas law.
Does an Arkansas POA require witnesses in addition to notarization?
Yes. Arkansas requires both two witnesses and notarization for a valid power of attorney. This is a stricter standard than many states that only require notarization. Witnesses cannot be the agent, related to the agent, or stand to inherit from the principal.
What is the difference between a durable and non-durable POA in Arkansas?
A non-durable POA becomes invalid when the principal loses mental capacity. A durable POA survives incapacity and must include explicit language stating that it is not affected by subsequent disability. Without that language, Arkansas law presumes the POA is non-durable.
Does Arkansas have a statutory POA form?
Yes. Arkansas Code §28-68-301 provides a statutory form for powers of attorney. Using this form provides certain protections and makes it more likely to be accepted by financial institutions and other third parties without additional scrutiny.
Can an Arkansas POA be used for real estate transactions?
Yes. An Arkansas POA can authorize the agent to buy, sell, mortgage, or lease real estate. To be recorded in county records, the POA must be acknowledged before a notary and comply with recording requirements. The agent must strictly follow the authority granted and act in the principal's interest.
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Power of Attorney by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.