Arkansas Minor Child Power of Attorney Form

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An Arkansas minor child power of attorney is a parent's caregiver appointment. It gives an agent temporary authority over a child's care without a court guardianship case. Parents need it most during travel, military deployment, illness or a hospital stay.

Key facts

  • The form names an agent, also called the attorney-in-fact, and a successor agent to act for a minor child between a start date and an end date.
  • The signer is a parent, a court-appointed guardian or a court-appointed conservator of the child; a second parent or guardian signs on the second line.
  • The form takes effect when signed unless it names a future start date or a future event, under Ark. Code Ann. § 28-68-109(a).
  • A signature on the form is presumed genuine if the parent acknowledges it before a notary public, under Ark. Code Ann. § 28-68-105.
  • The power of attorney ends when the parent revokes it, under Ark. Code Ann. § 28-68-110; it is not a court order of guardianship.
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What Is an Arkansas Minor Child Power of Attorney?

An Arkansas minor child power of attorney is a signed document that lets a parent hand day to day decisions about a child to another adult for a period the parent chooses. The parent who signs is the principal. The adult who acts is the agent, or attorney-in-fact.

The document lists the matters the agent may handle for the child, and the parent can narrow them, for example to school matters alone, on the power of attorney form the parent signs. The form is also called an Arkansas parental power of attorney or an Arkansas temporary guardianship form. It sits among the other Arkansas POA forms, and it is the one written for a child's care.

Arkansas Minor Child Power of Attorney Form Details

Document Name Arkansas Minor Child Power of Attorney Form
Other Names Arkansas Parental Power of Attorney; Arkansas Temporary Guardianship Form
Who Signs A parent, court-appointed guardian or court-appointed conservator; a second parent or guardian, if there is one
Duration From the start date to the end date written on the form
# of Fillable Fields 44
Available Formats Adobe PDF

Temporary Guardianship Without Court in Arkansas

The Arkansas minor child power of attorney is the paper route to temporary care without a court case: the parent fills it out, signs it before a notary and hands it to the agent. No judge reviews it and no hearing is set.

The form is not the same as legal guardianship, a more permanent arrangement made through a court order. The two differ in three ways:

  • The form starts with the parent's signature; a guardianship starts with a court order.
  • The form names its own end date; a guardianship lasts as long as the court order says.
  • The form stays in the parent's hands, because the power of attorney ends when the parent revokes it, under Ark. Code Ann. § 28-68-110.

When a Court Guardianship Fits Better

The form depends on a parent, guardian or conservator who is able to sign it, because only that person grants the authority it gives. A family with no parent able or willing to sign asks an Arkansas lawyer or a legal aid office about guardianship of a minor.

When Arkansas Parents Use a Power of Attorney for a Child

An Arkansas child power of attorney covers a set period when the parent is away or unable to care for the child, and a relative or family friend steps in. Common reasons include:

  • A long trip by both parents
  • Military deployment of a parent
  • A parent's illness or hospital stay
  • A work posting away from home
  • A school year the child spends with a relative

The agent shows the form to the child's school, doctor or child care provider and asks them to deal with the agent, within the authority the parent grants. Each of them decides whether to accept the form and may ask for its own paperwork.

Military Deployment

A deploying parent's power of attorney delegates all or part of custodial responsibility to an adult nonparent for the period of deployment, only if no other parent has custodial responsibility under Arkansas law or a court order in effect prohibits contact between the child and the other parent, under Ark. Code Ann. § 9-21-204.

Where a deploying parent used that route, the parent revokes the power of attorney by signing a revocation of the power, under Ark. Code Ann. § 9-21-204. A deploying parent whose child has another parent with custody asks a military legal assistance office about the next step.

What the Arkansas Child Power of Attorney Includes

The Arkansas child power of attorney holds six parts, each one a decision the parent makes before signing. The form lists:

  • The parent, guardian or conservator who signs
  • The child's full name, date of birth and address
  • The agent's name and address
  • General or limited authority for the agent
  • A successor attorney-in-fact
  • The start date and the end date

General or Limited Authority

The form's authority section offers general authority or limited authority, and the parent marks one. General authority (item 1) gives the agent the powers the form already lists. Limited authority (item 2) gives only the powers the parent writes on the lines, such as school matters alone.

Successor Attorney-in-Fact

The successor paragraph names a backup agent who acts if the first agent cannot. Arkansas law ends a power of attorney when the agent dies, becomes incapacitated or resigns and the document names no other agent to act, under Ark. Code Ann. § 28-68-110. A named successor keeps the form working in that case.

Start and End Dates

The form takes effect when it is signed unless it says that it becomes effective at a future date or on a future event, under Ark. Code Ann. § 28-68-109(a). The end date is the parent's choice, and the power of attorney ends on that date because the document provides that it ends, under Ark. Code Ann. § 28-68-110, which applies when the form names an end date.

How to Fill Out the Arkansas Minor Child POA Form

The Arkansas minor child POA form is a three-page PDF with 44 fillable fields, filled in from the parent and child details to the notary section. Work through the parts in order.

The screenshots under each step show the form filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Enter the parent and the child. Write your name and mark whether you are the parent, court-appointed guardian or court-appointed conservator. Add your current residential address. Then enter the child's full name, date of birth and address.
    Arkansas Arkansas Minor Child Power of Attorney: BEHALF OF MINOR CHILD, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Add the second parent and the agent. Complete the additional statement only if there is more than one parent, guardian or conservator. Then enter the name and current address of the agent (attorney-in-fact), the person who will act for your child.
    Arkansas Arkansas Minor Child Power of Attorney: Name, Currently residing at and more, filled with sample entries
    Step 2: sample entries, not a real document.
  3. Choose the authority and name a successor. Mark general authority (item 1) or limited authority (item 2). For item 2, write the exact powers on the lines provided. Then enter the agent's name, the alternate agent's name and the alternate's address in the Successor Attorney-in-Fact paragraph.
    Arkansas Arkansas Minor Child Power of Attorney: Agent's name, Alternate agent’s name and more, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Write the start and end dates. Fill in the date the power of attorney becomes effective and the date it expires. Pick an end date that matches the trip, deployment or stay.
    Arkansas Arkansas Minor Child Power of Attorney: EFFECTIVE DATE, filled with sample entries
    Step 4: sample entries, not a real document.
  5. Read the parental rights statement and date the form. Read the statement printed above the date line. Leave the day, month and year of signing and both signature lines blank until you meet the notary. The second signature line is for the other parent or guardian, if any.
    Arkansas Arkansas Minor Child Power of Attorney: PARENTAL RIGHTS OVER AND TO THE MINOR CHILD, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Leave the acknowledgment to the notary. Page 3 holds the notary's acknowledgment, with spaces for the county, the date, the officer's name and title, and the name of the person who appeared.
    Arkansas Arkansas Minor Child Power of Attorney: STATE OF ARKANSAS, filled with sample entries
    Step 6: sample entries, not a real document.
  7. Leave the signature line and seal space blank. The Signature line and the seal space at the bottom of page 3 are for the notary.
    Arkansas Arkansas Minor Child Power of Attorney: Signature, filled with sample entries
    Step 7: sample entries, not a real document.

How to Sign and Notarize the Form

The Arkansas minor child power of attorney is signed by the parent, or by another individual the parent directs to sign the parent's name in the parent's conscious presence, under Ark. Code Ann. § 28-68-105. Sign it this way:

  1. Print the finished pages and leave them unsigned.
  2. Take the pages and identification for each signer to a notary public.
  3. Sign and date the form in front of the notary; the second parent or guardian signs on the second line.
  4. Watch the notary fill in the county, the date and the officer's name, then sign and seal page 3.
  5. Give the agent the signed original, and keep copies for yourself, the school and the child's doctor.

A signature on a power of attorney is presumed genuine if the principal acknowledges it before a notary public or another individual authorized by law to take acknowledgments, under Ark. Code Ann. § 28-68-105. That presumption is the reason the form carries a notary block.

When the Power of Attorney Ends and How to Revoke It

An Arkansas minor child power of attorney ends when one of the events in Ark. Code Ann. § 28-68-110 happens, and the end date written on the form is only one of them. The power of attorney terminates when:

  • The parent dies.
  • The parent becomes incapacitated, if the power of attorney is not durable.
  • The parent revokes the power of attorney.
  • The form's own end date or ending event arrives.
  • The purpose of the power of attorney is accomplished.
  • The parent revokes the agent's authority, or the agent dies, becomes incapacitated or resigns, and the form names no other agent to act.

Revoking the Form

A new power of attorney does not revoke an earlier one unless the new document says that the earlier power of attorney, or all other powers of attorney, are revoked, under Ark. Code Ann. § 28-68-110. A revocation is not effective against the agent or another person who acts in good faith without actual knowledge of it, under Ark. Code Ann. § 28-68-110, unless that person knows of the revocation.

A written notice closes that gap. Send it to the agent and to each school, doctor or child care provider holding a copy, and ask for the copies back.

Frequently Asked Questions

These answers cover the questions Arkansas parents ask most often about a power of attorney for a child.

Does an Arkansas child power of attorney need a notary?

The form has a notary acknowledgment on page 3, and a signature on a power of attorney is presumed genuine if the parent acknowledges it before a notary public, under Ark. Code Ann. § 28-68-105. A notarized form is easier for a school or a doctor to accept.

How long does a minor child power of attorney last in Arkansas?

The form lasts until the end date written on it, unless an earlier ending event under Ark. Code Ann. § 28-68-110 happens first, such as a revocation or the parent's death.

What happens if the parent becomes incapacitated?

A power of attorney created under Arkansas's power of attorney chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal, under Ark. Code Ann. § 28-68-104. That rule speaks only to powers of attorney created under that chapter, and this page does not settle whether a parent's delegation of a child's care is one of them. A parent who wants the agent's authority to continue through the parent's incapacity asks an Arkansas lawyer before signing.

Does the agent have to sign the form?

The agent accepts the appointment by acting as agent, or by other conduct that shows acceptance, except as the power of attorney itself provides otherwise, under Ark. Code Ann. § 28-68-113. A talk with the agent before the signing confirms the agent is willing.

Can both parents sign the same form?

The form has two signature lines, each with a printed name under it. The second parent or guardian completes the additional statement in the first part and signs on the second line.

What is an attorney-in-fact?

The attorney-in-fact is the agent, the person the parent names on the form to act for the child. The form uses both terms for the same role.

General information, not legal or tax advice.

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Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.