Power Of Attorney requirements in Arkansas
- You must be at least 18 years old and of sound mind to create a POA.
- You must choose a trusted person as your agent (also called attorney-in-fact).
- The POA must be in writing and signed by you (the principal).
- If you want the POA to be durable, it must include specific language saying it remains in effect if you become incapacitated.
- For real estate transactions, the POA must be notarized and recorded with the county clerk where the property is located.
- For a medical POA, you typically need two witnesses, and the document must be signed in the presence of each other.
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Create your power of attorneyHow to create a Power Of Attorney in Arkansas, step by step
- Decide what powers you want to grant: general (broad), limited (specific), or medical (healthcare decisions).
- Pick your agent and a successor agent—someone who can step in if your first choice can't serve.
- Fill out an Arkansas POA form that meets state laws. You can find free templates online or at legal aid offices.
- Sign the form in front of a notary public, unless the law says otherwise. For medical POA, also get two adult witnesses.
- Keep the original in a safe place, and give copies to your agent, bank, and doctor.
- Review and update your POA regularly, especially after major life changes like marriage, divorce, or moving to another state.
Cost considerations
The cost to create a power of attorney in Arkansas is usually just $0 if you use a free template and DIY. Notary fees are typically $5 to $10 per signature. If you hire a lawyer to draft a custom POA, expect to pay $200 to $500, but that's a one-time investment for peace of mind.
Arkansas POA: Pre-Start Checklist
Before you complete your Arkansas power of attorney form, gather the essentials and understand state-specific rules to ensure it's valid and effective.
- Decide on the type of POA: general, durable, or medical (each has different purposes and rules).
- Have your and your agent's full legal names, addresses, and contact details ready.
- Check if your form requires notarization (most do) and that you'll have a notary public available when you sign.
- If you're creating a medical POA, ensure your chosen agent is at least 18 and not your healthcare provider (unless related).
- Be prepared to sign in front of a notary and, for certain real estate transactions, your agent may need to record the POA with the county clerk.
- Identify two witnesses for a medical POA—they must be adults who aren't your agent or related to you by blood or marriage.
- Gather a list of your assets (bank accounts, property, etc.) if your POA is for financial management.
Common questions
What is the difference between a durable and non-durable POA in Arkansas?
A durable POA stays in effect if you become incapacitated, while a non-durable POA ends if you are unable to make decisions. For long-term planning, most people choose a durable POA.
Do I need a lawyer for a power of attorney in Arkansas?
No, you don't need a lawyer. Arkansas law allows you to create a valid POA on your own. However, a lawyer can help with complex situations, like real estate or business matters, to ensure everything is properly drafted.
Can I revoke a power of attorney in Arkansas?
Yes, you can revoke a POA at any time, as long as you are of sound mind. To revoke, you must destroy the document, notify your agent in writing, and inform anyone who might rely on it (like your bank). For recorded POAs, you may need to record the revocation.
What happens if I don't have a power of attorney and I become incapacitated?
If you become unable to make decisions without a POA, the court may appoint a guardian or conservator to manage your affairs. This is a public, costly, and time-consuming process, so having a POA in place avoids that.