Skip to main content
Arkansas Advance Directive
Support GuideArkansas11 min read

Arkansas Advance Directive

How an Arkansas advance directive and healthcare proxy work: signing rules with two witnesses or a notary, when a proxy or agent can act, and the surrogate list.

By Settled Editorial

An Arkansas advance directive lets you write down the medical care you want and name a person to speak for you when you cannot speak for yourself. Arkansas splits this planning across two laws, and that surprises a lot of people. One law, the Rights of the Terminally Ill or Permanently Unconscious Act, covers the declaration (the living will) and the health care proxy you can name inside it. The other, the Arkansas Healthcare Decisions Act, covers an advance directive that names a health care agent and the default surrogate list that fills the gap when you name no one. Both sit in Title 20 of the Arkansas Code, not Title 28. (Source: Ark. Code § 20-17-202 and § 20-6-103.)

Use this Arkansas advance directive guide as a planning map, not as a finished form. The wording you need depends on your health, your family, and your wishes. An Arkansas estate-planning attorney can help you sign a directive that says what you mean. This page connects to the Arkansas probate and estate directory and to the Arkansas power of attorney guide for the money side of planning.

What an Arkansas Advance Directive Covers

Arkansas does not pack every medical-planning choice into one statutory form. Here is how the pieces fit.

  • The declaration (living will). Under the Rights of the Terminally Ill or Permanently Unconscious Act, an adult of sound mind can sign a declaration that governs whether life-sustaining treatment is withheld or withdrawn if the person later becomes a qualified patient. The statute gives an optional form. The law says a declaration "may be, but need not be" in that form, so you can adapt it or write your own. (Source: Ark. Code § 20-17-202.)
  • The health care proxy. Inside or alongside the declaration, you can name a health care proxy: a person 18 or older you appoint as attorney-in-fact to make health care decisions, including withholding or withdrawing life-sustaining treatment. The proxy acts in consultation with your attending physician. (Source: Ark. Code § 20-17-201 and § 20-17-202.)
  • The advance directive that names an agent. Under the Arkansas Healthcare Decisions Act, an adult can give an individual instruction and can execute an advance directive that authorizes an agent to make any health care decision the person could make with capacity. That instruction can be oral or written. (Source: Ark. Code § 20-6-103.)

You do not have to use every piece. Some people only sign a declaration. Some only name an agent or proxy. Many do both so a trusted person can carry out clear written wishes. A "proxy" and an "agent" both name your chosen decision-maker. A surrogate, by contrast, is the person who steps in by default when you named no one, which a later section explains.

How to Sign It in Arkansas

The declaration carries the central signing rule, and Arkansas widened it in 2017. Let's break it down.

A declaration must be signed by you (or by another person at your direction). For the witnessing step, a declaration executed on or after July 1, 2017 is valid if any one of these is true:

  • It is witnessed by two individuals, or
  • It is notarized but not witnessed by two individuals, or
  • It satisfies the requirements of the Arkansas Healthcare Decisions Act (Ark. Code § 20-6-101 et seq.).

So two witnesses or a notary will do. You do not need both. (Source: Ark. Code § 20-17-202, as amended by 2017 Ark. Acts SB676.)

A few practical points sit on top of that rule:

  • Notarization is now a stand-alone option, and it is a good one. A notarized signature helps prevent later disputes and can help other states honor your directive if you travel or move. (Source: Ark. Code § 20-17-202.)
  • Pick clean witnesses if you go the two-witness route. The statute text we reviewed requires two witnesses without listing specific disqualifications, so confirm witness eligibility against the current full section text before you sign. Best practice is to avoid using your named proxy or agent, or anyone who would inherit from you, as a witness, so no one can question their role later. An Arkansas attorney can confirm your witnesses are compliant.
  • The statutory form is optional. Section 20-17-202 prints a suggested declaration form, but the law says a declaration "may be, but need not be" in that form. You may use it, adapt it, or draft your own, as long as it meets the signing rule.

When Each Document Takes Effect

An Arkansas advance directive does not switch on the moment you sign it. The trigger depends on which document you use.

For the agent you name under the Healthcare Decisions Act, authority "becomes effective only upon a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has recovered capacity." The designated physician makes that capacity call. Capacity means the ability to understand the benefits, risks, and alternatives to proposed care and to make and communicate a decision. While you can still decide for yourself, you stay in charge. (Source: Ark. Code § 20-6-103 and § 20-6-102.)

For the declaration and health care proxy under the Rights of the Terminally Ill Act, the end-of-life instructions apply only once you are a qualified patient. That means you are 18 or older, have signed a declaration or named a proxy, and two physicians (your attending physician and another physician who has examined you) have determined you are in one of these states:

  • A terminal condition, defined as an incurable and irreversible condition that, without life-sustaining treatment, will result in death within a relatively short time, or
  • A permanently unconscious state, defined as a lasting condition, indefinitely without change, in which thought, feeling, sensation, and awareness of self and environment are absent.

A health care proxy may act when the qualified patient is, in the attending physician's opinion, permanently unconscious, incompetent, or otherwise mentally or physically incapable of communication. (Source: Ark. Code § 20-17-201 and § 20-17-202.)

Who Decides If You Named No One

If you never named a proxy or agent, Arkansas does not leave the decision open. The Healthcare Decisions Act sets a default surrogate priority order. Once a physician determines you lack capacity and no agent is available, the right to decide passes down this list. (Source: Ark. Code § 20-6-105.)

PriorityWho can decide
1An adult you designated orally or in writing as your surrogate
2Your spouse, unless you are legally separated
3Your adult child
4Your parent
5Your adult sibling
6Any other adult relative
7An adult who has shown special care and concern, knows your values, and is reasonably available and willing to serve

A few rules shape how this list works:

  • A surrogate may act only after a physician determines you lack capacity.
  • To serve, the person must be an adult who has shown special care and concern, knows your personal values, and is reasonably available and willing. A person under a protective order to avoid contact with you cannot serve.
  • If none of the listed people are reasonably available and willing, the designated physician may make decisions after consulting an ethics mechanism or getting a second physician to concur.
  • A surrogate you did not personally designate may withhold or withdraw artificial nutrition and hydration only if the designated physician and a second independent physician certify in your clinical record that the treatment is merely prolonging dying and you are highly unlikely to regain decision-making capacity. (Source: Ark. Code § 20-6-106.)

The takeaway for planning: the surrogate list works, but it may put the decision with someone you would not have picked. Naming your own proxy or agent keeps that choice in your hands.

Changing or Revoking Your Directive

An Arkansas advance directive stays in force until you revoke it or replace it. You have several ways to change course. (Source: Ark. Code § 20-6-104.)

  • Revoke at any time, in any manner that shows intent. A principal with capacity may revoke all or part of an advance directive, other than the designation of an agent, at any time and in any way that communicates an intent to revoke.
  • Sign a later directive. An advance directive that conflicts with an earlier one revokes the earlier directive to the extent of the conflict, so a newer document controls.
  • Account for divorce. A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a prior designation of a spouse as agent, unless the decree or the directive says otherwise. If that happens, sign a new directive naming someone else so you are not left without an agent.

After any change, tell your providers and your named proxy, agent, or surrogate. Hand out fresh copies so no one acts on an outdated version.

A Simple Planning Sequence

Use this order as a planning checklist, then confirm the details with an Arkansas attorney or your provider. Next steps:

  1. Decide whether you want a living-will declaration, a named proxy or agent, or both.
  2. Choose your proxy or agent and a backup, and ask them first.
  3. Write your care instructions, including end-of-life wishes for a terminal condition or a permanently unconscious state.
  4. Sign the document, then either get two witnesses or have it notarized.
  5. Give signed copies to your proxy or agent and to your doctor, and keep one for yourself.
  6. Review it after any major life change, especially marriage or divorce, and replace it if your wishes change.

Pair this directive with the rest of your plan. The Arkansas power of attorney guide covers who manages your money and property if you cannot decide, and the Arkansas guardianship planning guide covers what happens if a court has to appoint someone. For the full set of Arkansas estate and probate pages, start at the Arkansas estate directory.

This Arkansas advance directive guide is a planning map. The Rights of the Terminally Ill or Permanently Unconscious Act, the Arkansas Healthcare Decisions Act, and the official Arkansas Code control. Verify the current statute text and the suggested form before you sign, and talk with an Arkansas attorney for a directive built around your wishes.

This guide is general information about Arkansas estates. It is not legal advice. Confirm anything that affects your situation with your county circuit court, your physician, or a licensed Arkansas attorney.

Sources

Information current as of June 14, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Arkansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

Need Help With Your Probate Case?

Take our free assessment to understand your options and get personalized guidance for your situation.

Take Free AssessmentFind Your County
← Back to Resources