Durable Power of Attorney in Arkansas

By Mark Vansetti

A power of attorney is a document that gives someone else the ability to act on your behalf. The person granting the power to act on her behalf is referred to as the principal. The agent, on the other hand, is the person receiving the power to act on behalf of the principal. The document itself contains language that dictates which powers are granted; the Arkansas Uniform Power of Attorney Act sets the rules for powers of attorney in Arkansas.

Durable Vs. Non-Durable

Under Arkansas law, all powers of attorney are durable powers of attorney unless the document states otherwise. A durable power of attorney does not take effect until you, the principal, become incapacitated, meaning you are no longer able to manage your affairs. For example, if a principal suffers from Alzheimer's Disease and can no longer manage his finances, the power of attorney may take effect. A non-durable power of attorney is only in effect for a limited period of time, for example, while the principal is out of the country, and becomes invalid if the principal is subsequently incapacitated.

Choosing an Agent

If you wish to create a power of attorney, you should carefully choose your agent. The agent will have the power to act on your behalf on almost any acts that you would be able to do yourself. For tax transactions with the Arkansas Department of Finance and Administration, your agent may not receive a tax refund check or sign a tax return on your behalf if you completed and submitted the power of attorney form specifically provided by that agency. In these cases, the agent also cannot substitute another representative for himself or disclose your tax return information to a third party.

Ready to appoint a power of attorney? Get Started Now

Signing Requirements

Arkansas law indicates that certain signing requirements must be met in order for the power of attorney to be valid. The Arkansas Uniform Power of Attorney Act indicates that the power of attorney must be signed by the principal, or another person in the principal's presence at his direction. Under Arkansas law, the signature is presumed to be genuine as long as the signing occurred in front of a notary public.


Arkansas law also permits the principal to revoke a power of attorney. To do so, the principal must give the agent notice that the powers are being revoked and the notice must be in writing. The notice should also be sent to the court and any entities relying on the power of attorney.

Ready to appoint a power of attorney? Get Started Now
Power of Attorney in Nevada



Related articles

How to Get Power of Attorney in Kentucky

It is important for you and your loved ones to prepare a power of attorney document in case of a debilitating illness or injury that causes incapacitation. This document allows someone to manage your personal and financial affairs and handle important documents. In Kentucky, this is called “durable power of attorney.” If someone wants to grant you power of attorney in Kentucky, they must prepare a document granting you this right.

Can a Power of Attorney Be Non-Durable & Non-Revocable at the Same Time?

A power of attorney, or POA, is a legal document that grants another person the authority to manage finances on your behalf. The person granting the authority is known as the principal while the agent, or attorney-in-fact, acts on behalf of the principal. The principal may give the agent power to perform only specific tasks, such as filing taxes, or grant broad authority to take care of all of the principal's financial matters. Because non-revocable POAs are generally reserved for business circumstances, personal POAs are rarely non-revocable.

Kansas Statute on Power of Attorney

There are many tasks that you must do personally because of their legal or medical significance. For example, no one else can register your vehicle for you or sign your name to legal documents without formal permission from you. This formal permission is documented by a power of attorney, authorized by Article 6 of Chapter 58 of the Kansas statutes.

Related articles

How to Obtain Power of Attorney

You may face circumstances that require you to perform legal acts, such as withdrawing money from a bank account or ...

How to Get a Power of Attorney Dropped

When you give another person a power of attorney, she becomes your agent and can act on your behalf in the matters you ...

How Can I Prove My Uncle Is Misusing His Power of Attorney?

A power of attorney allows one person, the principal, to give authority to another person, the agent, to act on her ...

Durable Power of Attorney in Oregon

A power of attorney allows you to transfer control of some or all of your affairs to another, trusted person, for ...

Browse by category
Ready to Begin? GET STARTED