Durable Power of Attorney in Arkansas
Life is full of surprises—some wonderful, some challenging. There’s just no getting around this fact. At Arkansas Legacy Planning, we’re here to help you plan for both. One of the best ways to protect your future and your family is with a durable power of attorney (DPOA).
A DPOA isn’t just some document. It’s knowing that if the unthinkable happens, the people you trust will have the legal authority they need to act quickly on your behalf and according to your wishes.
Understanding Durable Power of Attorney
Think of a durable power of attorney (DPOA) as your personal stand-in—someone you choose to step into your shoes when you can’t walk in them yourself. What makes it “durable”? Unlike a regular POA, this power of attorney sticks around even when you can’t make decisions anymore, which is exactly when you need it most.
You (the “principal”) pick someone you trust completely (your “agent” or “attorney-in-fact”) to make decisions for you if you can’t. And no, they don’t need to be an actual attorney despite that confusing name. It could be your spouse, your best friend, or someone else you trust who always has it together.
The magic words that make your power of attorney “durable” basically say, “This still works even if I’m incapacitated.” Without those words, your regular power of attorney would become useless right when you need it most.
Types of Durable Power of Attorney
Durable powers of attorney come in several forms, and understanding your options can help you decide which one fits your situation best. Here are the common types used in Arkansas:
- Financial durable power of attorney: This document lets your agent handle your financial matters. They may pay bills, manage bank accounts, or oversee other financial transactions. You’re the one who decides on the scope of your agent’s responsibilities.
- Healthcare durable power of attorney: Sometimes called a medical durable power, this form gives your health care agent the ability to make healthcare decisions if you’re unable to do so yourself. Although Arkansas law treats healthcare decisions under separate advance directives, some people include both in one plan.
- General durable power of attorney: A more extensive document that gives your agent broad authority over both personal matters and financial affairs. It is important to set clear limits and guidelines for any general authority granted.
Each type of DPOA offers flexibility, letting you tailor your legal plan to match your needs and circumstances. A careful discussion with an attorney can help ensure the document works just as you intend.
Steps to Creating a Durable Power of Attorney
- Let’s talk about what powers you want to give: You need an honest conversation about what feels right for you. Want to give broad powers? Or keep things limited? It’s completely your call.
- Who’s your person? This is huge. Who in your life would drop everything to help you? Who knows you inside and out? Who would you trust with your bank account passwords?
- Have “the talk” with your chosen person: Before you make it official, have a conversation with your potential agent and make sure they’re up for the job.
- Work with us to get it right: Could you download a form online? Sure. Would we recommend it? Not really. Those one-size-fits-all power of attorney forms often create more problems than they solve. Our team will make sure your document is Arkansas-compliant and truly reflects what you want.
- Sign it the right way: In Arkansas, you will need to sign your DPOA in front of a notary public. We will make sure all the i’s are dotted and t’s are crossed.
- Share copies with the right people: Your agent definitely needs a copy, but so might your doctor, your bank, and other important individuals in your life.
- Keep the original somewhere safe but findable: A legal document nobody can find is about as useful as no document at all.
Once your DPOA is in place, you will know someone you trust is ready to act on your behalf no matter what life throws your way.
When Is a Durable Power of Attorney Necessary in Arkansas?
“I’m still young—I don’t need to worry about this yet, right?”
Actually, that’s a myth. A durable power of attorney isn’t just for senior citizens. Here’s when you might want to consider getting one:
- You’re scheduled for surgery in the foreseeable future (even routine procedures can sometimes have complications)
- You’ve received a diagnosis that might eventually affect your thinking or communication
- You’re always on the road for work or pleasure
- You own a business that wouldn’t run itself if you were suddenly unavailable
- You want to be prepared for those “you never know” moments that life throws at all of us
- You’ve started noticing memory slips and want to plan ahead
- You’re in the military and facing deployment
The truth? Every adult in Arkansas should have a durable power of attorney. It’s like insurance. You hope you never need it, but you will be incredibly grateful it’s there if you do. We’ve seen too many families struggle through court proceedings to get guardianship when a simple DPOA could have saved them time, money, and stress during an already difficult time.
Revoking or Terminating a Durable Power of Attorney
Changed your mind? No problem. As long as you’re mentally competent, you can change or cancel your durable power of attorney anytime you want.
Canceling your DPOA isn’t complicated, but you need to do it right:
- Create a simple written document stating that you’re revoking your power of attorney
- Get it notarized (yes, this step matters)
- Give copies to everyone who has the old document
- If you filed the original with the county clerk, file your revocation there too
Your durable power of attorney also automatically ends when you pass away. At that point, your will takes over. It can also end if a court invalidates it or appoints a guardian for you.
Frequently Asked Questions
In Arkansas, a durable power of attorney stays active even if you become unable to make decisions on your own. It gives your trusted agent authority over your financial or healthcare matters as specified in the document.
The key difference is in durability. A standard power of attorney usually ends when you become incapacitated, while a durable power of attorney remains in effect during periods when you cannot make decisions for yourself.
It depends on the specific language of the document. A healthcare durable power of attorney specifically outlines the authority to make decisions regarding your medical treatment and care.
Yes, under Arkansas law, your durable power of attorney generally must be signed in front of a notary public. In some cases, witnesses are also required.
If you suspect abuse, take immediate action. You can revoke the power and take legal action against an agent who misuses their authority.
Contact Us
Whatever your situation, our team at Arkansas Legacy Planning is here to help—without judgment, without pressure, and without complicated legal terms that leave you more confused than when you started. Don’t wait until it’s too late. Most of our clients tell us their biggest regret is not doing this sooner and their biggest relief is having it done. Reach out to our estate planning lawyer today to schedule a case review.
Contact Us
Feeling lost or worried about your future? Our team at Arkansas Legacy Planning is here to provide personalized support for all your estate planning needs. Contact us today so we can start working on a clear, tailored strategy designed specifically to safeguard what matters most to you.
