The Arkansas durable power of attorney is a document one person, called the principal, uses to authorize another person, called the attorney-in-fact or agent, to represent them before governmental, financial, legal, or other institutions and third parties.
The main feature of a durable power of attorney (DPOA) is that it remains valid and enforceable even if the principal becomes incapacitated.
The principal can use the power of attorney to authorize another person to represent their interests in any situation when they are unable to do so themselves. This can happen due to a physical or mental disability, dementia, Alzheimer’s disease, a lack of professional knowledge, or the fact that they are located far from the place where they must take certain actions.
Durable Power of Attorney Laws & Requirements in Arkansas
Laws & Requirements
Signing requirements: The principal must sign the Arkansas durable power of attorney before the notary public. No witnesses are required. (§ 28-68-105)
Statutory form: The statutory form for the Arkansas durable power of attorney is provided in § 28-68-301 of the Arkansas Code.
“Durable” definition: “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity. (§ 28-68-102)
How to Fill out a Durable Power of Attorney in Arkansas
#1. Designate an Agent
In the first paragraph, provide your name and mailing address. In the paragraph below, outline the details of the person you wish to authorize as your agent.
These details include their name, mailing address, and ID number. In some cases, you can also include the number of their professional license or other relevant details.
Here, you can also name the successor agent. That is the person who will represent you in case the primary agent becomes unavailable or incapable of representing you.
#2. Grant Authority
In this section, you should provide the list of authorities the agent will have when representing your interests.
Here, you will have the following options:
Scope of Authority
General authority. This will enable your agent to take all the necessary actions on your behalf and represent you before all third parties. You can limit their general authority by explicitly naming the authority they do not have.
Partial authority. With this option, you can delegate a specific scope of actions that the agent is allowed to take on your behalf. To do so, you should sign your initials in front of every authority you wish the agent to have in the durable power of attorney form.
Specific authority. This enables you to explicitly state the scope of authority you wish your agent to have. You can also write down the names of all the third parties the agent can represent you before.
#3. Ensure the Form is Durable
According to the Arkansas Code, the power of attorney is durable unless you explicitly state it is non-durable.
#4. Sign the Form
In Arkansas, the principal must sign the power of attorney before the notary public. However, the witnesses are not mandatory.
#5. Notarize the Form
The notary public must acknowledge the principal’s signature. Otherwise, the durable power of attorney will be considered invalid.
#6. Store Your Durable Power of Attorney Form
After finalizing the durable power of attorney, you must store the original copy in a safe place.
Additionally, you should give one copy to the agent and any third parties the agent is going to interact with on your behalf.
How to Revoke a Durable Power of Attorney in Arkansas
The Arkansas durable power of attorney can be revoked at any time. The revocation is provided by Arkansas Code § 28-68-110 as one of the grounds for the power of attorney termination.
All the principal has to do is issue the revocation letter and submit it to the Circuit Clerk’s Office, agent, and any third party with whom the power of attorney has been used.
In practice, people often revoke the power of attorney due to family conflicts, divorce, or when the agent is no longer willing or capable of representing the principal's interests.