Arkansas Power of Attorney Requirements
Arkansas’s Uniform Power of Attorney Act (Ark. Code Ann. § 28-68-101 et seq.) sets how a Power of Attorney is signed, when it continues through incapacity, and what an agent must do. The current Arkansas Code is published behind a third-party terms page, so each point below links to the official Act of the Arkansas General Assembly it comes from.
Based on Arkansas Uniform Power of Attorney Act, Ark. Code Ann. § 28-68-101 et seq.. Reviewed October 2026. Education, not legal advice — Arkansas’s requirements are set by state law and can change, so confirm them with an official Arkansas source or a licensed attorney.
Preparing to serve—or already serving—in Arkansas?
The National Handbook explains the responsibilities. The National Workbook helps you organize the work. Use the Arkansas information below to explore requirements, official sources, and available resources.
Requirements depend on your documents and applicable law. Confirm current information with official sources or a qualified professional in your state.
Where is Arkansas’s Power of Attorney law?
Arkansas’s financial Power of Attorney law is the Uniform Power of Attorney Act, Ark. Code Ann. § 28-68-101 et seq., enacted by Act 805 of 2011 and amended in 2021. It includes an optional statutory form (§ 28-68-301).
Does an Arkansas Power of Attorney have to be notarized?
Under Ark. Code Ann. § 28-68-105, the principal signs the Power of Attorney (or another person signs in the principal’s conscious presence at the principal’s direction). A signature acknowledged before a notary public is presumed to be genuine, and the acceptance protections apply to acknowledged Powers of Attorney. A Power of Attorney used for real estate must be acknowledged and recorded (§ 18-12-501).
Act 805 of 2011 (§ 28-68-105) ↗Act 356 of 2021 (§ 18-12-501) ↗
Is an Arkansas Power of Attorney durable?
By default, yes. Under Ark. Code Ann. § 28-68-104, a Power of Attorney is durable unless it expressly provides that it is terminated by the incapacity of the principal.
What does an Arkansas agent have to do?
Under Ark. Code Ann. § 28-68-114, an agent must act according to the principal’s reasonable expectations (or best interest), in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts of interest and keep a record of all receipts, disbursements and transactions. The principal, a guardian, a conservator and certain others can request disclosure, generally within 30 days.
What happens to a spouse-agent’s authority in a divorce?
Under Ark. Code Ann. § 28-68-110, unless the Power of Attorney says otherwise, a spouse-agent’s authority ends when an action is filed for dissolution, annulment or legal separation.
How is an Arkansas health care advance directive signed?
Healthcare decisions are covered by an advance directive under the Arkansas Healthcare Decisions Act. Under Ark. Code Ann. § 20-6-103, as amended by Act 974 of 2017, an advance directive (including a living will or durable power of attorney for health care) is either notarized or witnessed by two witnesses. The Arkansas State Board of Health publishes forms.
Act 974 of 2017 ↗Arkansas Department of Health: healthcare decision forms ↗
This summary is educational and may not reflect the most current law — verify against the current statutes or with a Arkansas attorney before relying on it.
The universal rules of the role
The exact forms, witnessing, and notarization rules change from state to state — those are in Arkansas’s essentials above.But the heart of the role is the same everywhere in the U.S. Here’s what always applies.
Your duties as an agent
Every decision is for the principal, never for you. This is the core legal duty of an agent, everywhere.
Never mix the principal’s funds with your own. Use their accounts for their expenses, and don’t borrow or lend to yourself.
Track every transaction, receipt, and major decision. Good records protect the principal — and protect you if anyone ever asks.
You can only do what the Power of Attorney actually authorizes. If it isn’t granted in the document, you don’t have the authority.
Follow what they’d want, preserve their existing estate plan where you can, and avoid anything that benefits you at their expense.
What a Power of Attorney can’t do
A Power of Attorney works only while the principal is alive. The moment they pass, it ends and the will and executor (or trustee) take over.
An agent cannot make or rewrite the principal’s will, and generally can’t change beneficiary designations unless the document specifically allows it.
Powers not written into the document — like making gifts or changing accounts — usually aren’t allowed. When in doubt, it’s probably not authorized.
When you sign correctly as the agent (not personally), you’re acting for them — you don’t take on their debts by serving.
How to sign as an agent
Always sign in your representative capacity — never just your own name on the principal’s business. A safe format anywhere is “Jane Doe, as agent for John Doe” (some institutions prefer “John Doe by Jane Doe, agent”). Signing your name alone can make you personally liable; signing as the agent makes clear you’re acting for them.
When the authority ends
- The principal revokes it — they can, at any time, as long as they’re competent.
- The principal dies — authority passes to the will or trust.
- A court appoints a guardian or conservator, or the document’s own end date or condition is reached.
One key distinction, everywhere: a durable Power of Attorney keeps working if the principal becomes incapacitated; a non-durable one ends at incapacity. Whether yours is durable is stated in the document itself.
Where to get the official forms
The official Arkansas Power of Attorney and health care directive forms are free from the state and its official resources. Here’s where to find them — we link them as a resource so you can go straight to the source. What we provide is the plain-language help to understand and actually use them, not the forms themselves.
- Act 805 of 2011 — Uniform Power of Attorney Act, incl. statutory form (Ark. Code § 28-68-301)Official source: Arkansas General AssemblyEnacting act (2011) for Arkansas’s Uniform Power of Attorney Act, including the statutory form now at Ark. Code § 28-68-301. Later amendments may apply — confirm the current code. It does not cover health-care decisions.Open on arkleg.state.ar.us →
- Healthcare Decision Forms — Arkansas Department of HealthOfficial source: Arkansas Department of Health / State Board of HealthState Board of Health forms: Advance Care Plan, Appointment of Health Care Agent, and Acceptance of Surrogate.Open on healthy.arkansas.gov →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice. These links are an educational resource pointing you to official sources; we are not affiliated with or endorsed by any government office. Power of Attorney and health care directive requirements vary by state and change over time. Before you sign or rely on any form, confirm it is the current, correct form for your situation with the official Arkansas source above or a licensed Arkansas attorney. If a link doesn’t open, search for the form by name on the official state website.
POLST: a different kind of document
POLST
POLST — Arkansas Department of HealthSource: Arkansas Department of HealthA POLST-type form is different from a general advance directive. It is generally intended for people with serious illness, advanced medical conditions or significant frailty, when current treatment wishes need to be written as medical orders — completed with a clinician. It is not a document every adult needs.Open on healthy.arkansas.gov →
Learn the whole role
The POA Caregiver Program is national and works in every state — education for the whole role, from the day you’re named agent to confident, organized caregiving, with a Certificate of Completion when you finish.
Get Updates for Arkansas
Where to go for official help
A simple starting list of the government offices an agent under a Power of Attorney (or their caregiver) in Arkansas may need. Click a website to open the office’s official page in a new tab.
- Arkansas Adult Protective ServicesInvestigates maltreatment, abuse, neglect and exploitation of adults.humanservices.arkansas.gov/divisions-shared-services/aging-adult-behavioral-health-services/adult-protective-services → · 1-800-482-8049
- Arkansas DHS Division of Aging, Adult, and Behavioral Health ServicesState services for older Arkansans and adults with disabilities.humanservices.arkansas.gov/divisions-shared-services/aging-adult-behavioral-health-services → · 501-686-9164
- Arkansas Attorney General: SeniorsScams, elder abuse and aging-services resources.arkansasag.gov/divisions/public-protection/seniors →
- Legal Aid of ArkansasFree civil legal help for low-income Arkansans.arlegalaid.org → · 1-800-952-9243
- Arkansas 211Information and referral to local resources.arkansas211.org → · 2-1-1
- Eldercare Locator (federal)Free help finding local aging services, Area Agencies on Aging, and adult protective services anywhere in the U.S.eldercare.acl.gov → · 1-800-677-1116
- Social Security Administration (federal)Benefits, the representative payee program, retirement and disability.www.ssa.gov →
- Medicare (federal)Federal health coverage for people 65+ and some disabilities.www.medicare.gov →
- CFPB — Managing Someone Else’s MoneyPlain-language federal guides for agents under a Power of Attorney.www.consumerfinance.gov/consumer-tools/managing-someone-elses-money →
POA Caregiver™ is not affiliated with, endorsed by, or partnered with any of these offices. This list is a resource to help guide you to the right official source — nothing more. Government offices, links, and phone numbers change over time, so if a link doesn’t open, search for the office by name to find its current official page.
Some of the best help is free and official. We point you to these authoritative sources — and give you the journey, organization, and plain-language navigation on top of them. See the full national resource library →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice, and is not affiliated with or endorsed by these organizations. They are shared as free educational resources — always confirm details with the official source or a licensed professional in your state.
Guides for every agent, in any state
Plain-English help that applies wherever you live — start with The Power of Attorney Agent’s Guide, or jump in:
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POA Caregiver provides education, not legal, medical, financial or tax advice. Authority comes from the Power of Attorney document and applicable law, and serving as an agent is a different role from caregiving.
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