Arkansas Power of Attorney Requirements & Free Form

Arkansas requirements

• Arkansas follows the Uniform Power of Attorney Act, codified in Title 28, Chapter 68 of the Arkansas Code (Act 805 of 2011).
• The principal must sign the document, or another individual may sign the principal's name in the principal's conscious presence at the principal's direction (Ark. Code 28-68-105).
• Notarization is not an absolute condition of validity, but a signature acknowledged before a notary public is presumed genuine under Ark. Code 28-68-105, so signing before a notary is the practical standard.
• The execution statute does not require witnesses for a financial power of attorney.
• Durability is the default: under Ark. Code 28-68-104 a power of attorney is durable unless it expressly provides that it is terminated by the incapacity of the principal.
• Arkansas includes an optional statutory form at Ark. Code 28-68-301; a general form such as ours is a general purpose alternative executed the same way.

Frequently asked questions

Does an Arkansas power of attorney have to be notarized?

The Uniform Power of Attorney Act as enacted in Arkansas does not make notarization a strict validity requirement, but an acknowledged signature is presumed genuine under Ark. Code 28-68-105, and financial institutions routinely expect a notarized document.

Is a power of attorney durable by default in Arkansas?

Yes. Under Ark. Code 28-68-104, a power of attorney created under the act remains effective through the principal's incapacity unless the document expressly states that incapacity terminates it.

Official sources

• https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2011%2FPublic%2F&file=805.pdf&ddBienniumSession=2011%2F2011R