Free Arkansas Durable Power of Attorney Forms
If you want to make sure that your affairs are taken care of should you become incapacitated or mentally incompetent, an Arkansas durable power of attorney form is what you need. As the principal granting an agent the authority to transact on your behalf, you can assign your agent to manage your personal, business, legal, and other personal transactions as if they were you.
The fact that the legal document is durable means that the authority it bestows on your agent will continue to be honored even if you no longer have the ability to make decisions for yourself.
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 in Arkansas
A durable POA becomes legal in Arkansas when the principal signs it before a notary public or another person authorized by law to make acknowledgments. In case the principal cannot physically sign the form, the law states, “A power of attorney 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 on the power of attorney” (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
Before you make your durable POA official, it’s important that your agent understands what’s expected of them. The role will most likely entail signing checks, managing properties, making financial decisions, and taking over other legal and business matters allowed by federal and state laws. Discuss their responsibilities and your instructions beforehand. The only aspect where they can’t decide for you is the area of healthcare.
You should also talk to them about their compensation. Agents are typically offered compensation, including reimbursements for food, transportation, and accommodation expenses that are incurred when doing their duties as your agent. Some agents who are family members refuse the compensation, but it is standard to offer it nonetheless.
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 Form
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 Durable Power of Attorney
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.