What the rule says
Arkansas adopted the Uniform Power of Attorney Act effective July 27, 2011, codified at Ark. Code § 28-68-101 et seq.
Default durability
An Arkansas POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Arkansas's UPOAA, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
Arkansas law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid Arkansas POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
Arkansas separates property and healthcare frameworks. Healthcare decisions require a separate Arkansas Healthcare Power of Attorney or Living Will.
What happens without a POA
If an Arkansas resident becomes incapacitated without an executed durable POA, the family must seek guardianship under Ark. Code § 28-65-101 et seq.
What you can do about it
For Arkansas residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Healthcare POA. - Update older POAs.
Who this affects most
Arkansas's POA framework is most consequential for Arkansas adults without executed POAs.