Arkansas Durable (Statutory) Power of Attorney Form

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An Arkansas durable statutory power of attorney form allows a principal to nominate a spouse or trusted relative (“agent”) to handle their financials during their lifetime. The term “durable” means the principal’s incapacity will not void the agent’s powers. The form can only be terminated by the principal signing a revocation or upon their death. If the principal is incapacitated, the only way to terminate is to claim gross negligence by the agent and to seek a court injunction.

Table of Contents

Laws

Title 28, Subtitle 5, Chapter 68 (Uniform Power of Attorney Act)

Definition of “Durable”

“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity (§ 28-68-102(2)).

Definition of “Power of Attorney”

“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 (§ 28-68-102(7)).

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 (§ 28-68-105, § 28-68-302).

Statutory Form

Arkansas does have a statutory form located at § 28-68-301 of the Arkansas Code.

How to Write

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