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Arkansas Springing Power of Attorney Form

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Updated May 21, 2024

An Arkansas springing power of attorney allows a person (principal) to authorize someone to make important decisions for them in the event that they are unable to act on their own behalf. This most commonly relates to financial and medical decisions that need to be made while the principal is disabled or incapacitated.

Permitted in Arkansas?

Yes, a power of attorney may become effective at a future date or when a future event takes place.[1]

Signing Requirements

A signature on a power of attorney is valid only if it is acknowledged before a notary public or someone authorized by law to take acknowledgments.[2]

“Incapacity” Definition

“Incapacity” means inability of an individual to manage property or business affairs because the individual:

(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:

(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]

Sources

  1. Arkansas Code §28-68-109
  2. Arkansas Code §28-68-105
  3. Arkansas Code §28-68-102(5)