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Arkansas Durable (Statutory) Power of Attorney Form

An Arkansas durable statutory power of attorney form allows a person (the principal) to nominate a spouse or trusted relative (an agent) to handle their finances during their lifetime. "Durable" means the principal's incapacity will not terminate the agent's powers. The power may be revoked and terminates upon the agent's or principal's death.
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Signing Requirements

The principal’s signature must be signed in the presence of a notary public. If the agent signs the optional Agent Certification, it must also be notarized.[1][2]

Powers Granted

 … with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors, or the creditors of the principal’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.[3]

“Durable” Definition

“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.[4]

“Power of Attorney” Definition

“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.[5]

Revocation

A durable power of attorney can be revoked when:

(1) the principal dies;
(2) the principal becomes incapacitated, if the power of attorney is not durable;
(3) the principal revokes the power of attorney;
(4) the power of attorney provides that it terminates;
(5) the purpose of the power of attorney is accomplished; or
(6) the principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

Statutory Form

Yes, the State of Arkansas has a statutory form.[6]

Sample

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