The Arkansas durable power of attorney is a legal document that enables a person (referred to as the “principal”) to appoint someone else (known as the “agent” or “attorney-in-fact”) to manage their financial affairs. This document is especially important if the principal becomes incapacitated or ill, rendering them unable to manage their financial affairs.
The term “durable” implies that the power of attorney remains effective even if the principal becomes incapacitated. This is a critical feature, distinguishing it from non-durable powers of attorney, which terminate if the principal loses mental capacity. The powers granted can be broad or limited, depending on the principal’s wishes. Typically, the agent can handle tasks such as paying bills, managing investments, handling banking transactions, and buying or selling property.
This document doesn’t empower an agent to handle medical decisions. Check out additional Arkansas power of attorney templates to find specific forms you may need for this state.
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In this state, the signing requirements and laws for a durable power of attorney are governed by the Arkansas Code Title 28, Chapter 68. The document must be signed by the principal, who must be competent at the time of signing. This means the principal should understand the nature and implications of the document they are executing.
The signature requirements are outlined in Arkansas Code § 28-68-105. Here, the law mandates the following for the signing of a durable power of attorney:
After meeting these requirements, the durable financial power of attorney becomes a legally binding document. While Arkansas law doesn’t require witnesses for the execution of a document, having one or two present can add a layer of verification and security.
Under Arkansas Code § 28-68-110, a POA terminates due to various circumstances, including the death or incapacity of the principal, fulfillment of its purpose, or revocation by the principal. Additionally, an agent’s authority ends if revoked, upon the agent’s incapacity, or through legal actions affecting their relationship with the principal.
| Document Name | Arkansas Durable Power of Attorney Form |
| Other Names | Arkansas Financial Durable Power of Attorney, AR DPOA |
| Relevant Laws | Arkansas Annotated Code, Section 28-68-102 |
| Signing Requirements | Notary Public |
| Avg. Time to Fill Out | 10 minutes |
| # of Fillable Fields | 37 |
| Available Formats | Adobe PDF |
Popular Local Durable POA Forms
Durable POA documents are used in each and every state. Take a look at other popular DPOA forms frequently filled out by Americans.
Completing the Arkansas durable power of attorney form involves a series of steps that must be followed carefully to ensure the document is legally valid.
Start by filling in your full name as the principal, and provide your complete mailing address. Specify the name of the person you are appointing as your agent (attorney-in-fact) and provide their complete mailing address.
Go through the list of potential powers, such as handling real estate transactions, managing banking activities, and dealing with tax matters. Initial next to each power you wish to grant to your agent. Be thorough in reviewing what each category covers to ensure your agent has the necessary authority to act on your behalf.
Decide when the powers will become effective. You have two options: the powers can either take effect immediately upon signing the document or only kick in when a physician certifies that you are no longer able to handle your financial affairs. Initial the option that best suits your needs.
If there are any specific limitations or extensions to the powers granted, list them in the section provided for special instructions. If no special instructions are needed, write “None.”
This section confirms that any third party can rely on the authority of your attorney-in-fact without needing to ensure the application of any proceeds or verify the authority granted. It’s a reassurance to those who may interact with your attorney-in-fact.
As the principal, sign and date the form. This must be done in the presence of a notary and, ideally, witnesses. The witnesses should also sign the document, attesting that you signed willingly and are of sound mind.
The form needs to be notarized to be legally binding. Present a government-issued photo identification to the notary, who will verify your identity and witness your signature.
Have your appointed attorney-in-fact sign the form, indicating their acceptance of the responsibilities granted by this power of attorney. This too should be done in the presence of a notary.
