Free Arkansas Durable Power of Attorney Forms
An Arkansas Durable Power of Attorney form is an essential legal document for ensuring your affairs are managed if you become mentally incompetent or otherwise incapacitated.
By creating this document, you—referred to as the principal—grant an agent the authority to act on your behalf. This agent can handle a wide range of responsibilities, including personal, business, and legal matters, as though they were you.
What makes this form "durable" is its ability to remain in effect even if you lose the capacity to make decisions.
This durability ensures that your designated agent can continue managing your affairs without interruption, providing peace of mind during uncertain times.
Arkansas Durable Power of Attorney Laws
Arkansas Code Title 28, Subtitle 5, Chapter 68, Subchapter 1: Uniform Power of Attorney Act - The law outlines the use of a durable POA and acts as the basis of your agent’s authority. It states, “A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal” (Arkansas Code § 28-8-105).
Signing Requirements for a Durable Power of Attorney in Arkansas
Under Arkansas law, a durable Power of Attorney (POA) can be signed by another individual on behalf of the principal if the principal is unable to do so physically. This must occur in the principal's conscious presence and at their direct instruction, ensuring their intent is honored.
Alternatively, the POA becomes legally valid when the principal personally signs it before a notary public or another individual authorized to acknowledge such documents (Arkansas Code § 28-68-105).
How To Write a Durable POA in Arkansas
Creating a legally binding, durable POA in Arkansas doesn’t have to be difficult or overwhelming. Here’s how you can have one in five simple steps:
1. Choose Your Agent
Since your agent will be acting on your behalf regarding a variety of important matters, the person must be someone you absolutely trust. Your agent could be someone related to you — a spouse, child, or sibling. You can also choose someone you aren’t related to.
2. Discuss Responsibilities and Compensation With Your Agent
When appointing an agent under a durable Arkansas POA, it’s customary to discuss compensation first. Agents are generally entitled to reimbursement for expenses such as food, transportation, and accommodations related to their duties.
While some family members may decline compensation, offering it is standard practice.
Equally important is clarifying the agent’s responsibilities before making the durable POA for Arkansas official. Their role typically includes managing properties, signing checks, making financial decisions, and handling other legal and business matters permitted by law.
However, healthcare decisions remain outside their authority, so this should be clearly understood in advance.
3. Download an Arkansas Durable Power of Attorney Template
A legally binding Durable Power of Attorney in Arkansas should have the standard legal format and terminologies. You can ensure adherence to these by acquiring the document from a law firm in the state or downloading a printable template online. If you get a form from the internet, fill it out with your details before signing.
4. Sign the Durable Power of Attorney Form for Arkansas
In Arkansas, you must sign the durable POA before a notary public to make it legal. If you are unable to sign it physically, you can ask somebody else to sign on your behalf and in your presence.
5. Use the Arkansas Durable Power of Attorney Form
You can now use the durable POA in Arkansas, which means the agent can start making business, legal, and other decisions on your behalf. Every time they use the authority granted by the durable POA, they have to present the document, so make sure they have a copy.