what does a durable power of attorney do in arkansas

by Dr. Herbert Casper 6 min read

The durable power of attorney in Arkansas is a legal document that allows you to transfer powers and appoint a trusted agent to make decisions in your stead. According to Arkansas law, the durable power of attorney stays in effect if you become incapacitated unless otherwise implied in the agreement.

Under Arkansas law, a durable power of attorney specifically grants the health care agent the authority to decline any medical intervention that only prolongs the dying process or maintains a permanent state of unconsciousness.Apr 16, 2021

Full Answer

What is the purpose of a durable power of attorney?

What Is a Durable Power of Attorney?

  • Power of Attorney vs. Durable Power of Attorney. ...
  • General Durable Power of Attorney Definition. A general durable power of attorney both authorizes someone to act in a wide range of legal and business matters and remains in effect ...
  • Durable Power of Attorney for Healthcare. ...
  • Obtaining and Removing a Power of Attorney. ...

How to get a durable power of attorney?

A durable power of attorney document grants those powers until the person ... e-signatures are often not valid), and you’ll want to be sure to get it right. Setting up power of attorney is an important part of estate planning, especially for senior ...

What are the benefits of a durable power of attorney?

Pros:

  • Attorney fees to execute a DPOA are generally economical when compared to fees associated establishing a conservatorship for the estate.
  • A DPOA lasts indefinitely.
  • A Durable Power of Attorney is confidential, and the person’s reasons for assigning a DPOA do not have to be disclosed to outside parties.

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What makes a power of attorney "durable"?

With a Durable POA, even if the unthinkable happens, your POA could potentially:

  • Act in any manner on your behalf
  • Sign legal documents as necessary
  • Advise on healthcare decisions
  • Make personal financial decisions for you
  • Make financial decisions for your business

How does power of attorney work in Arkansas?

An Arkansas power of attorney allows a person (the principal) to select an agent to make important decisions on their behalf. The most common designations are for financial or medical responsibility. An agent can be assigned to conduct any legal matter on behalf of the principal.

What is the advantage to executing a durable power of attorney?

It Can be Empowering – A durable power of attorney allows you to decide in advance who will make decisions on your behalf without removing any of your rights or transferring ownership of assets. You also get to decide how much control the agent has over your care and your assets.

Does a durable power of attorney need to be notarized in Arkansas?

While Arkansas does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Arkansas law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuine—meaning your POA is more ironclad.

Does a POA have to be filed with the court in Arkansas?

The original POA should be filed at the circuit court in the principal's domicile county. Also, a certified copy of the POA should be filed at the office of recorder at the county where the real property is situated.

What are the disadvantages of a durable power of attorney?

The Disadvantages of a Durable Power of Attorney You will not have direct control over your agent's actions because he or she will have the authority to enter into transactions for you, without you being present.

What three decisions Cannot be made by a legal power of attorney?

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

Who can override a power of attorney?

principalA power of attorney (POA) is a legal contract that gives a person (agent) the ability to act on behalf of someone (principal) and make decisions for them. Short answer: The principal who is still of sound mind can always override a power of attorney.

What is a durable power of attorney?

Durable Power of Attorney:A Power of Attorney which specifically says otherwise, agent's power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal.

How long does it take for power of attorney to go through?

How long does it take to get a PoA registered? It usually takes 8 to 10 weeks for The Office of the Public Guardian to register a power of attorney, so long as there are no mistakes on the form. It may take longer if there are issues they want to look into, although this is rare.

Who makes medical decisions if there is no power of attorney in Arkansas?

If you become unable to make decisions for yourself, your agent can make any health care decision for you, which could include decisions about mental health treatment. You must appoint your agent in a written document which must be signed by you, the agent, and two competent witnesses over the age of eighteen.

How do I check if a power of attorney is registered?

You'll need to check that your power of attorney is registered, if it needs to be. If you have a registered enduring or lasting power of attorney, there should be markings on your original document – like a seal or registration stickers or perforations and a registration number.

How do you declare someone incompetent in Arkansas?

Proving incapacity In order to take guardianship of a person without a prior agreement, the petitioner will need to demonstrate that a person is incapacitated with clear and convincing evidence. The court will not assume that a person is incapacitated, so you will need to show it.

What is durable power of attorney in Arkansas?

An Arkansas durable statutory power of attorney form allows a principal to nominate a spouse or trusted relative (“agent”) to handle their financials during their lifetime. The term “durable” means the principal’s incapacity will not void the agent’s powers. The form can only be terminated by the principal signing a revocation or upon their death.

What does "durable" mean in power of attorney?

Definition of “Durable”. “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity ( § 28-68-102 (2) ).

What is a power of attorney?

“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used ( § 28-68-102 (7) ).

When does a power of attorney become effective?

(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency .#N#(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

Is a power of attorney durable in Arkansas?

As used in this subchapter, a power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. Arkansas has adopted the Uniform Power of Attorney Act.

What Types of Power of Attorneys Are Available in Arkansas?

You can make several different types of POAs in Arkansas. In particular, many estate plans include two POAs:

What Are the Legal Requirements of a Financial POA in Arkansas?

For your POA to be valid in Arkansas, it must meet these requirements.

Steps for Making a Financial Power of Attorney in Arkansas

Arkansas offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. However, statutory forms are often full of legalese, and it's not always apparent how to fill them out.

Who Can Be Named an Attorney-in-Fact (Agent) in Arkansas?

Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.

When Does My Durable Financial POA Take Effect?

Your POA is effective immediately unless it explicitly states that it takes effect at a future date.

When Does My Financial Power of Attorney End?

Any power of attorney automatically ends at your death. A durable POA also ends if:

Power of Attorney Introduction

A power of attorney is a legal way to have one person act on behalf of another. The power of attorney document gives someone the authority to act on your behalf on matters you list in the document. The power can be specific to a certain task or cover many duties, including financial and medical.

Types of Power of Attorney

There are different types of powers of attorney. Each type has a different purpose and grants different levels of power to an agent.

Ending and Revoking

An agent cannot transfer property, or act in any other way under a power of attorney, after the principal's death. To ensure your property is divided per your wishes upon your death, a trust, will, or other estate planning tool should be used.

Considerations

If someone else takes care of your child for you, then a power of attorney can provide a way for the caretaker to provide medical consent and make educational decisions.

Signing Requirements

Designation of Agent

  • (1) Arkansas Principal.The Arkansas Principal is the individual designating an Agent to make decisions and effect actions in his or her name. Identify the Arkansas Principal granting such authority to an Agent or Attorney-in-Fact. (2) Name Of Agent.Record the full name of the Agent or the Attorney-in-Fact who will be able to access the principal po...
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Designation of Successor Agent

  • (5) Name Of Successor Agent.A scenario where the Attorney-in-Fact or Agent above is unavailable to represent the Principal may occur. This may be the result of the Attorney-in-Fact scheduling conflicts, shift in attitude, or having his or her powers revoked by the Principal. In any case, any of the financial matters requiring the Attorney-in-Fact attention may suffer during such a scenario. …
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Grant of General Authority

  • (11) Real Property.The Arkansas Principal will need to directly approve of the Agent’s ability to represent his or her decisions over real estate (or Real Property) by initialing the first item in the list of general authority topics. (12) Tangible Personal Property.The second topic of this list will enable the Agent to engage in decisions and actions over the Arkansas Principal’s physical pers…
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Grant of Specific Authority

  • (24) Inter Vivos Trust.Some principal decisions and actions will need deliberate approval from the Arkansas Principal in being granted under his or her Attorney-in-Fact’s scope of powers. For instance, if the Arkansas Principal controls or has partial control of an inter vivos trust and wishes to appoint the Attorney-in-Fact with the same authority he or she carries over such trusts, the fir…
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Nomination of Guardian

  • (32) Nominee For Conservator Or Guardian Of Arkansas Principal Estate.The Arkansas Principal can use this paperwork to nominate a Conservator over his or her estate should Arkansas Courts deem this a necessity. To make such a nomination, the Nominee’s full name, address, and telephone number should be presented. (33)Nominee For Conservator Or Guardian Address. (34…
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Signature and Acknowledgment

  • (38) Arkansas Principal Signature.The Arkansas Principal will need to sign this appointment of power while a Notary Public watches. (39) Signature Date Of Arkansas Principal.The date that this appointment is signed by the Arkansas Principal should be presented during the signature process. (40) Printed Name And Address.The printed name of the Arkansas Principal and his or …
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Notary Public

  • (41) Arkansas Notarization.The Arkansas Notary Public responsible for notarizing the Principal’s signature shall display the notarization process in the final area of the signature section.
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