Health care directive in Arkansas: form, signing and who decides
The form, who can witness, who can be your agent and who decides if you have no directive in Arkansas.
Checked against official sources: October 31, 2026.
Short answer
Durable power of attorney for health care (advance directive) under the Arkansas Healthcare Decisions Act
- How to sign
- Notarized or signed by two adult witnesses
- Who decides without a directive
- Yes
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.
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.
- Spouse, unless legally separated
- Adult child
- Parent
- Adult sibling
- Any other adult relative
- 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)
Law: Act 504 of 2017; Ark. Code 20-6-201 and following
Free notice: revoke or change a health care directive
Free help in Arkansas
- Legal Aid of Arkansas · 1-800-952-9243
- Arkansas Department of Health: Healthcare Decision Forms
- Arkansas Attorney General: Seniors
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Arkansas Department of Human Services - Adult Maltreatment Hotline (Adult Protective Services) · 1-800-482-8049
Questions about powers of attorney in Arkansas
How do I sign a health care directive in Arkansas?
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 decides my health care if I have no directive in Arkansas?
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.