Power of attorney, health care directive and guardianship in Arkansas

Financial power of attorney in Arkansas

Law and official form

Law

Uniform Power of Attorney Act

Uniform Power of Attorney Act

Yes (effective January 1, 2012)

Official form

Arkansas Statutory Form Power of Attorney (Ark. Code 28-68-301)Published by Arkansas General Assembly - form text as enacted in Act 804 of 2021 (Bureau of Legislative Research act PDF)

You do not have to use it.

You do not have to use this form. It includes a notary acknowledgment block. Under Ark. Code 28-68-120, the duty of businesses to accept a power of attorney applies to an acknowledged statutory form power of attorney (or a military power of attorney).

Law: Act 805 of 2011 (S.B. 887); Ark. Code 28-68-106; Ark. Code 28-68-301 (as amended by Act 804 of 2021)

Signing rules

How to sign

You must sign the power of attorney (or have someone sign for you in your presence at your direction). The Act does not require a notary or witnesses, but a signature acknowledged before a notary is presumed genuine. A power of attorney used to convey or affect real estate must be acknowledged and recorded with the deed.

Who signs

Signed by you, or by another person who signs your name in your conscious presence at your direction.

Notary

Not required

Witnesses

None required

Agent's acknowledgment

No separate acceptance form is required; an agent accepts by acting or by other conduct showing acceptance.

Law: Ark. Code 28-68-113

Law: Ark. Code 28-68-105, 18-12-501

Durable and springing

Is it durable?

A power of attorney created under the Act is durable unless it expressly says it ends when you become incapacitated.

Law: Ark. Code 28-68-104

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

It can start on a future date or event. If it starts on your incapacity and you named no one to decide, it starts when a physician or licensed psychologist determines in writing that you are incapacitated (or an attorney, judge or appropriate government official, if you are missing, detained or outside the U.S.).

Law: Ark. Code 28-68-109

What an agent can and cannot do

Needs express permission

• Create, amend, revoke or terminate an inter vivos trust
• Make a gift
• Create or change rights of survivorship
• Create or change a beneficiary designation
• Delegate authority granted under the power of attorney
• Waive your right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
• Exercise fiduciary powers that you have authority to delegate
• Unless the document says otherwise, an agent who is not your ancestor, spouse or descendant may not use these powers to create an interest in your property for the agent or someone the agent must support

Law: Ark. Code 28-68-201 (Act 805 of 2011

Agent duties, pay and court review

Agent duties

• Act in line with your reasonable expectations as far as the agent knows them, and otherwise in your best interest
• Act in good faith
• Act only within the authority the document gives
• Act loyally for your benefit and avoid conflicts of interest
• Act with care, competence and diligence
• Keep a record of all receipts, payments and transactions
• Cooperate with your health care decision-maker
• Try to preserve your estate plan if the agent knows it and it is in your best interest

Agent pay

Unless the power of attorney says otherwise, the agent is entitled to reimbursement of reasonable expenses and to compensation that is reasonable under the circumstances.

Law: Ark. Code 28-68-112

Asking a court to review an agent

You, your agent, a guardian or conservator, your health care decision-maker, your spouse, parent or descendant, a presumptive heir, a beneficiary, a government agency that protects your welfare, your caregiver or another interested person, or a person asked to accept the power of attorney may petition a court to construe it or review the agent's conduct.

Law: Ark. Code 28-68-116

Law: Ark. Code 28-68-114

When it ends and how to revoke it

It ends when

• You die
• You become incapacitated, if the power of attorney is not durable
• You revoke it
• It says it ends, or its purpose is accomplished
• You revoke the agent's authority, or the agent dies, becomes incapacitated or resigns, and no other agent is named
• For the agent's authority: an action is filed to dissolve or annul the agent's marriage to you, or for legal separation, unless the document says otherwise

Divorce ends a spouse's authority

Yes · Divorce rules in Arkansas (Divorce Law Map)

How to revoke

You can revoke the power of attorney or your agent's authority. The Act does not set a required method, but a power of attorney that was acknowledged and recorded for real estate can be revoked only by you or your legal representatives, in a writing that is acknowledged and filed for record in the county or counties where the power of attorney was meant to operate.

Telling others

A revocation does not affect an agent or another person who, without actual knowledge of it, acts in good faith under the power of attorney. A new power of attorney does not revoke an earlier one unless it says so.

If it was recorded

A recorded power of attorney for real estate is revoked from the time the acknowledged written revocation is filed for record in the county where the power of attorney was intended to operate.

Law: Ark. Code 18-12-502

Law: Ark. Code 28-68-110; Ark. Code 28-68-110, 18-12-502

Banks, other states and real estate

Banks and other businesses

For an acknowledged statutory form power of attorney (or a military power of attorney), a person must accept it, or ask for an agent's certification, translation or lawyer's opinion, within 7 business days, and must then accept it within 5 business days after receiving it. Exceptions include good-faith doubts and reports of suspected abuse to the Department of Human Services. A person who wrongly refuses can be ordered to accept it and made to pay reasonable attorney's fees and costs.

Law: Ark. Code 28-68-119, 28-68-120

Signed in another state

A power of attorney signed outside Arkansas is valid if its execution complied with the law of the place that governs it or with the federal military power of attorney rules. A photocopy or electronically sent copy has the same effect as the original.

Law: Ark. Code 28-68-106

Real estate

A power of attorney to convey or affect real estate must be acknowledged (or proved) and certified, and recorded with any deed the agent signs under it.

Law: Ark. Code 18-12-501, as amended by Act 356 of 2021

Health care directive in Arkansas

The document and its form

Document

Durable power of attorney for health care (advance directive) under the Arkansas Healthcare Decisions Act

Official form

Appointment of Health Care Agent Form (adopted by the Arkansas State Board of Health)Published by Arkansas Department of Health / State Board of HealthVersion: Forms adopted by the Board of Health on October 24, 2013 under Act 1264 of 2013 (before the 2017 amendments in Act 974)

You do not have to use it.

Living will

Declaration (living will) under the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act

The living will is a separate document.

An adult of sound mind can sign a declaration about withholding or withdrawing life-sustaining treatment, and may name a health care proxy. A declaration signed on or after July 1, 2017 is valid if it is signed and witnessed by two individuals, or notarized, or meets the Arkansas Healthcare Decisions Act rules. The Department of Health's Advance Care Plan form is another option.

Living will

Law: Act 1264 of 2013, section 2; Ark. Code 20-6-103; Ark. Code 20-17-202 (as amended by Act 974 of 2017)

Signing rules

How to sign

Sign the document in writing. Then either have it notarized or have two qualified witnesses sign it, with an attestation clause. These rules apply to all advance directives, including living wills and durable powers of attorney for health care.

Who signs

In writing and signed by you.

Notary

A notary or witnesses (your choice)

Witnesses

2 (instead of a notary)

Who cannot witness

Each witness must be a competent adult who is not your agent. At least one witness must not be related to you by blood, marriage or adoption and must not be entitled to any part of your estate under a will or by law. A witnessed directive must contain an attestation clause saying the witnesses meet these rules.

Law: Ark. Code 20-6-103 (as amended by Act 974 of 2017)

Who can be your agent and what the agent can do

When the agent starts

Unless the directive says otherwise, the agent's authority starts only when it is determined that you lack capacity, and stops when you recover capacity. A licensed physician makes that determination if needed.

Law: Ark. Code 20-6-103

Revoking and conflicting documents

Revoking your agent

While you have capacity, you can revoke the designation of your agent only by a signed written statement or by personally telling your supervising health care provider.

Law: Ark. Code 20-6-104

Revoking your instructions

You can revoke all or part of an advance directive (other than the agent designation), including a living will, at any time and in any manner that shows you intend to revoke it.

Telling others

A health care provider, agent, guardian or surrogate who learns of a revocation must promptly tell the supervising provider and any health care institution where you are receiving care.

Divorce ends a spouse's authority

Yes · Divorce rules in Arkansas (Divorce Law Map)

Conflicting documents

An advance directive that conflicts with an earlier one revokes the earlier one to the extent of the conflict.

Law: Ark. Code 20-6-104

Law: Ark. Code 20-6-104

If you have no directive

Who decides without a directive

If you lack capacity and have no available agent, surrogate you named, or guardian, your supervising health care provider must identify a surrogate and record it. The provider may go in this descending order of preference, considering who can best follow your wishes or best interest. Your treating provider and staff of a health care institution generally cannot be surrogates unless related to you. You can also name a surrogate yourself by telling your supervising provider, orally or in writing. A surrogate may also apply for public benefits such as Medicaid for you, using a written designation that is notarized or signed by two non-family witnesses.

1. Spouse, unless legally separated
2. Adult child
3. Parent
4. Adult sibling
5. Any other adult relative
6. Any other adult who has shown special care and concern, knows your values, and is reasonably available and willing

Law: Ark. Code 20-6-105, 20-6-106 (as amended by Act 974 of 2017, Act 49 of 2023 and Act 202 of 2025)

Other states, registry and medical orders

Signed in another state

An advance directive signed outside Arkansas is given effect if, when signed, it complied with Arkansas law or the law of the state where it was signed.

Law: Ark. Code 20-6-103, as amended by Act 974 of 2017

POLST (medical orders)

Arkansas Physician Order for Life-Sustaining Treatment (POLST)

Official page

Law: Act 504 of 2017; Ark. Code 20-6-201 and following

Guardianship and conservatorship in Arkansas

What guardianship or conservatorship is

What it is called

Guardian of the person, guardian of the estate, or both; limited guardian; emergency guardian; temporary guardian

When a court may appoint one

Before appointing a guardian, the court must find by clear and convincing evidence that the proposed ward is incapacitated, that a guardianship is necessary to protect the person's interests, and that the proposed guardian is qualified and suitable. Evidence of incapacity must include testimony or a sworn statement from one or more qualified professionals. An 'incapacitated person' lacks sufficient understanding or capacity to make or communicate decisions to meet essential requirements for health or safety or to manage their estate. The law defines the 'least restrictive alternative' as the form of help that least interferes with the person's legal capacity.

Law: Ark. Code 28-65-101, 28-65-210, 28-65-211

Kinds

• Guardian of the person, the estate, or both
• Limited guardian (only the powers in the order)
• Emergency guardianship (no more than 14 days, ex parte, when there is imminent danger)
• Temporary guardianship (for an adult, up to 90 days)

Law: Ark. Code 28-65-101, 28-65-210, 28-65-211, 28-65-218 (as amended by Act 713 of 2025)

Who can ask, which court and your own choice

Court

Circuit court (probate).

Choosing your own

You can nominate a guardian of your estate or person in a power of attorney; the court follows your most recent nomination except for good cause or disqualification. An advance directive may also nominate a guardian.

Law: Ark. Code 28-68-108; Ark. Code 20-6-103

Effect on a power of attorney

If a guardian of your estate is appointed, your power of attorney continues and the agent is accountable to the guardian as well as to you, unless the court limits, suspends or terminates it. A guardian must follow your health care instructions and may not revoke your advance directive without a court order.

Law: Ark. Code 28-68-108; Ark. Code 20-6-107

Other options and where to report abuse

Less restrictive options

• Power of attorney: An agent handles money and property under a document you sign while able.
• Advance directive and health care surrogate: An agent you name, or a surrogate identified by your provider, makes health care decisions without a court.

Report abuse or exploitation

Arkansas Department of Human Services - Adult Maltreatment Hotline (Adult Protective Services) · 1-800-482-8049

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Good to know in Arkansas

• Arkansas's duty for businesses to accept a power of attorney applies to an acknowledged statutory form power of attorney (or a military one), not to every power of attorney.

  Law: Ark. Code 28-68-120

• A recorded real-estate power of attorney is revoked only by an acknowledged written revocation filed for record in the county where it was meant to operate.

  Law: Ark. Code 18-12-502, Act 356 of 2021

• Arkansas lets your health care provider identify a surrogate when you have no agent or guardian, following a preference list that ends with any adult who has shown special care and concern.

  Law: Ark. Code 20-6-105

• Since 2025, guardianship requires clear and convincing evidence, and an ex parte emergency guardianship lasts no more than 14 days.

  Law: Act 713 of 2025

Changes in 2024–2026

Act 713 of 2025: guardianship changes - definitions including emergency guardianship (up to 14 days), clear and convincing evidence standard for appointment, notice and due-process rights, and emergency/temporary guardianship procedures. Act 202 of 2025: a health care surrogate's authority to apply for public benefits and obtain financial records requires a written designation that is notarized or signed by two non-family witnesses. Act 49 of 2023 first gave surrogates that benefits authority.

Law: H.B. 1838, approved April 16, 2025; Ark. Code 28-65-101, 28-65-210, 28-65-213, 28-65-218 and others; S.B. 178; Ark. Code 20-6-106(d); S.B. 74; H.B. 1448; Act 326 of 2023 modernized probate procedure, including some guardianship sections

Questions about powers of attorney in Arkansas