![Arkansas Advance Directive Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fadvance-directive-general.png&w=3840&q=75)
According to the Arkansas Code, an advance directive for health care is a legal document that includes a living will—where medical preferences and treatments are stated—and a durable power of attorney (medical power of attorney) that appoints an agent to make future health care decisions on behalf of the principal if they become incapacitated.
Because an advance directive form grants another person the authority to make medical decisions on your behalf when you are unable to, it is recommended to hire a lawyer to create this document.
Signing Requirements for Arkansas Advance Health Care Directive
To be legally valid in Arkansas, an advance directive for health care must meet the following requirements:
Signing Requirements for Arkansas
It has to be in writing and signed by the principal
Signing an advance directive must be witnessed by two competent adults, or the document must be notarized by a notary public
There are additional requirements witnesses need to meet, including the following:
The witnesses need to be competent adults who are not the healthcare proxies designated in the directive
At least one witness must not be related to the principal by blood, marriage, or adoption
At least one witness must not be entitled to any portion of the principal's estate upon the principal's death, whether under any existing will, codicil, or by operation of law
Arkansas Advance Health Care Directive Revocation & Changing
According to Ark. Code 20-6-103(d), the authority of the health care directive becomes effective only when it’s determined that the principal lacks the capacity to make their own medical decisions. The principal’s attending physician is typically the one to make this determination.
As stated in Ark. Code 20-6-104, a principal who is mentally competent has the right to revoke any part of their advance directive. This revocation can be done in any manner that clearly shows their intent to cancel it.
If a divorce or legal separation occurs, any previous appointment of a spouse as a health care agent is automatically revoked unless the directive or divorce decree states otherwise. If a new Arkansas advance directive conflicts with an earlier one, the new document takes precedence.
Once revocation occurs, any involved healthcare provider, agent, guardian, or surrogate must quickly inform the overseeing medical professional.
Additional Legal Considerations for the Arkansas Advance Health Care Directive
According to Ark. Code 20-6-105, if an individual has not appointed a health care agent or if the agent is unavailable, a surrogate may be designated to make health care decisions. A surrogate has the same powers as an agent, can be designated either orally or in writing, and must act in the principal's best interest and their individual instructions, if any.
Health care providers must generally follow the instructions in an advance health care directive. However, as stated in Ark. Code 20-6-109, they can refuse to do so if it conflicts with their personal beliefs or the institution’s policies, as long as these policies are clearly communicated.
Providers can also decline if the directive calls for medically inappropriate care or care that does not meet accepted health care standards.
How to Choose a Health Care Agent in Arkansas
To choose a health care agent in Arkansas, select someone you trust to make medical decisions on your behalf if you’re unable to do so. This person should be reliable, knowledgeable about your health care preferences, and able to communicate effectively with medical staff.
Ensure they understand your values and wishes regarding medical treatment. It’s also important that the person is willing and able to take on that responsibility and act in your best interest.
What Happens if You Don’t Have an Advance Directive in Arkansas?
Without a health care advance directive, the principal's values and preferences may not be recognized by their family, who will make all decisions regarding the principal's medical care.
Even if the family knows the principal's preferences, they might make decisions that don't fully align with those preferences if they are deemed not in the principal's best interest, often after consulting with a doctor.
Therefore, engaging in advance care planning is crucial to ensure that your medical preferences are honored and to avoid potential conflicts.