Establishing a durable power of attorney in Arkansas is one of the most important steps in your estate planning journey. This legal document ensures that a trusted attorney-in-fact can make financial and medical decisions on your behalf if you’re unable to do so yourself due to illness, incapacity, or other circumstances. Whether you’re planning ahead for the unexpected or caring for aging parents, understanding how to get a durable power of attorney in Arkansas is critical.
What Is a Durable Power of Attorney?
A durable power of attorney (often abbreviated as DPOA) is a legal document that gives someone the legal authority to act on your behalf. Unlike a general power of attorney, a durable power remains in effect even if you become mentally or physically incapacitated. That means someone you trust can continue handling your affairs without the court appointing a legal guardian.
Types of Power of Attorney in Arkansas
Arkansas recognizes several types of attorney documents, each with a specific purpose. It’s common to include more than one of these estate planning documents to provide comprehensive protection.
1. Durable Financial Power of Attorney
A durable financial power of attorney grants your chosen agent the authority to manage your financial matters, including:
- Managing bank accounts
- Paying bills
- Filing taxes
- Overseeing retirement accounts
- Selling property
- Managing investments
- Conducting other financial transactions
Because this document is durable, the agent retains authority even if you become mentally incompetent.
2. Medical Power of Attorney
A medical power of attorney allows your agent, also known as a health care agent, to make decisions about your medical treatment and care. Your agent can:
- Access your medical records
- Communicate with your doctors
- Consent to or refuse treatment
- Make decisions regarding end-of-life care
This health care proxy is essential when planning for serious illness or incapacity.
3. Limited (Special) Power of Attorney
A limited power of attorney grants your agent the ability to act in specific situations, like managing a real estate transaction or handling business while you’re out of the country. It’s often used for short-term purposes and expires after the task is complete.
Legal Requirements for a Durable Power of Attorney in Arkansas
Creating a legally valid durable POA in Arkansas requires the following:
- Sound mind: The person (called the principal) must have the mental capacity to understand the nature of the attorney document and the powers being granted.
- Voluntary signing: The principal must sign the document of their own free will.
- Notary public: The POA form must be notarized. This step ensures the document will be accepted by financial institutions and health care providers.
- Optional but helpful: Having witnesses adds credibility, though not always required by state law. Arkansas law does not require witnesses.
Choosing an Attorney-in-Fact (Agent)
Your attorney-in-fact or attorney agent should be someone you trust—typically a family member, close friend, or professional. You may also appoint co-agents if you want more than one person managing your affairs.
Ideal qualities include:
- Financial literacy
- Responsibility
- Availability
- Willingness to serve
Responsibilities of an Agent
When acting under a durable power of attorney, your agent can:
- Make financial decisions on your behalf
- Manage business matters
- Handle medical emergencies
- Conduct transactions with financial institutions
- Assist with estate planning documents
Your agent must act in your best interest and maintain records of all actions. This is called a fiduciary duty.
When Does a Durable Power of Attorney Take Effect?
In Arkansas, you can choose when your durable POA becomes effective:
Immediate Authority
The attorney-in-fact can act as soon as the POA document is signed and notarized.
Springing Power of Attorney
The agent’s authority only begins when a triggering event occurs, such as a doctor declaring you mentally incompetent or unable to manage your own affairs.
This choice should be clearly stated in the document.
How to Get a Durable Power of Attorney in Arkansas
Follow these steps to create a durable power of attorney that’s valid under Arkansas estate law:
Step 1: Talk With an Estate Planning Attorney
Consulting with an experienced estate planning attorney ensures your document complies with Arkansas legal requirements. Your attorney can also help coordinate your other estate planning documents, like your living will or last will and testament.
Step 2: Choose Your Agent
Pick someone who understands your values and will act in your best interests.
Step 3: Define the Powers
Decide what authority your agent will have. Be specific. You can authorize access to:
- Financial accounts
- Medical decisions
- Real estate transactions
- Filing taxes
Step 4: Draft and Review the POA Form
Use a proper statutory form or have an attorney draft a custom version to include all necessary powers. This ensures compliance with Arkansas state law.
Step 5: Sign in Front of a Notary Public
Have the document notarized. This is essential for acceptance by banks, healthcare providers, and government agencies.
Step 6: Distribute the POA
Give copies to:
- Your attorney-in-fact
- Your family members
- Your financial institutions
- Your doctor or health care agent
Can the Same Person Handle Financial and Medical Matters?
Yes, the same person can serve as both your financial POA and health care agent, or you can appoint different individuals depending on their strengths and your preferences.
Can You Revoke or Terminate a Durable Power of Attorney?
Absolutely. You can revoke your durable POA at any time while you are mentally competent.
Other situations where a durable power of attorney expires:
- A termination date is reached
- The principal passes away
- The agent authority is revoked or the agent can no longer serve
- In certain circumstances, Arkansas law may terminate the POA automatically
What If You Don’t Have a Durable Power of Attorney?
Without a durable power of attorney, your loved ones may have to go through a legal guardianship proceeding to get permission to act on your behalf. This process is time-consuming, public, and expensive. It’s far better to establish power ahead of time.
Common Mistakes to Avoid
- Using an outdated or incomplete POA form
- Failing to notarize the attorney document
- Appointing someone without verifying their willingness
- Not updating the durable POA after major life changes
- Forgetting to notify relevant financial institutions
Related Estate Planning Tools
In addition to a durable power of attorney, consider these tools:
- Living will: Specifies your medical wishes
- Revocable trust: Manages assets transferred during life
- Healthcare proxy: Authorizes someone to make medical decisions
- Last will and testament: Controls distribution of your property at death
Work With an Estate Planning Attorney in Arkansas
Hiring an estate planning attorney gives you peace of mind. A skilled attorney can tailor your documents, help you comply with changing tax laws, and make sure your financial affairs and medical treatment preferences are protected.
Final Thoughts
So, how do you get a durable power of attorney in Arkansas? You prepare in advance, choose a trusted attorney-in-fact, and work with a qualified estate planning attorney to make sure your attorney forms are legally sound and tailored to your needs.
Taking this step ensures that someone you trust will have the authority to help manage your life when you need it most—protecting your assets, your health, and your family.
