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Arkansas Power of Attorney
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Arkansas Power of Attorney

Arkansas power of attorney basics: durable by default, signing and notary rules, springing POAs, the statutory form, hot powers, and how it ends at death.

By Settled Editorial

An Arkansas power of attorney is a planning document you sign while you are healthy, not a probate tool. It lets you name an agent to act on your money and property if you cannot act yourself. In Arkansas, a power of attorney is durable by default: it stays in force even if you later lose capacity, unless the document says otherwise. You sign it, and you have it acknowledged before a notary so banks and others will accept it. (See the Arkansas Uniform Power of Attorney Act, Ark. Code Title 28, Chapter 68 and Ark. Code 28-68-104.)

Use this guide as a plain-language map, not as legal advice or a fill-in form. A power of attorney hands real authority over your finances, so most people should have an Arkansas attorney draft or review it before signing. This page explains the rules so you can ask better questions.

One point sets the boundary for this whole site: a power of attorney ends at death. Once the principal dies, the agent's authority stops, and a separate process begins. In Arkansas, that process runs through the circuit court, probate division, where a personal representative takes over. A POA cannot be used to settle an estate or transfer property after death. (See Ark. Code 28-68-110.)

What an Arkansas Power of Attorney Does

A power of attorney names two roles. The principal is the person who signs and grants authority. The agent (also called the attorney-in-fact) is the person who can act for the principal. The agent can do tasks the document allows, such as paying bills, managing bank accounts, dealing with real estate, or handling taxes.

The agent is a fiduciary. Under Ark. Code 28-68-114, the agent must act in good faith, stay within the authority granted, and act in line with the principal's reasonable expectations and best interest. Unless the document says otherwise, the agent must also act loyally, avoid conflicts of interest, keep a record of receipts and disbursements, and try to preserve the principal's estate plan. An agent who ignores those duties can be held responsible.

This document covers finances and property, not health care. Medical decisions use a separate document. If you want someone to make health care choices for you, read the Arkansas advance directive guide and pair the two documents.

Durable by Default

Many states make you add special words to keep a power of attorney alive after incapacity. Arkansas flips that. Under Ark. Code 28-68-104, a power of attorney created under Chapter 68 is durable unless it expressly provides that it is terminated by the incapacity of the principal.

That default matters. The main reason most people sign a power of attorney is to plan for a stroke, an accident, or a slow decline. A durable POA stays in force through that incapacity, so the agent can keep paying bills and managing accounts without a court guardianship. If you do not want that result, the document has to say so in plain terms.

Arkansas adopted the Uniform Power of Attorney Act through Act 805 of 2011. The rules apply to powers of attorney executed in Arkansas on or after January 1, 2012. A POA signed before that date is still valid if it followed the prior Arkansas law in effect at the time.

Signing and Notary Rules

Arkansas keeps the signing rules short. Under Ark. Code 28-68-105:

  • The principal must sign the power of attorney. If the principal cannot physically sign, another individual may sign the principal's name in the principal's conscious presence and at the principal's direction.
  • No witnesses are required by the general execution rule.
  • A signature is presumed genuine when the principal acknowledges it before a notary public or another person authorized to take acknowledgments.

Get the document notarized. As a practical matter, notarization is the standard: banks, brokerages, and title companies will generally not accept a POA without a notary acknowledgment, and the third-party acceptance protections in Ark. Code 28-68-119 and 28-68-120 apply to an acknowledged power of attorney. A POA used to convey or record real estate also needs to be notarized and recorded in the county land records. Skipping the notary can leave you with a document that is technically signed but hard to use.

Springing vs Immediate

An Arkansas power of attorney is effective when you execute it, unless you say otherwise. Under Ark. Code 28-68-109, you can make it a springing power that becomes effective only at a future date or upon a future event or contingency, such as your own incapacity.

Each choice has a trade-off. Here is how they compare:

  • An immediate POA works the moment it is signed. The agent can act right away, which helps in a fast emergency but asks for real trust.
  • A springing POA waits for a triggering event. It adds a step: someone has to confirm the event happened. You can name one or more people to make that written determination. If you do not, and the trigger is incapacity, the law lets a physician or licensed psychologist make the written finding that you are incapacitated.

Springing powers feel safer, but the confirmation step can slow the agent down at the worst time. Some attorneys favor an immediate durable POA with a trustworthy agent; others prefer a springing form. This is a good question to settle with a lawyer.

Hot Powers Need an Express Grant

A general power of attorney does not automatically give the agent authority over your estate plan. Under Ark. Code 28-68-201, certain high-impact powers, often called "hot powers," are only granted if the document expressly says so. These include the authority to:

  • Create, amend, revoke, or terminate an inter vivos (living) trust
  • Make a gift of the principal's property (gift authority is governed by Ark. Code 28-68-217, which limits per-recipient gifts to the annual federal gift tax exclusion unless the document says more)
  • Create or change rights of survivorship, such as joint ownership
  • Create or change a beneficiary designation on accounts, life insurance, or retirement plans
  • Delegate the authority granted under the power of attorney
  • Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
  • Exercise fiduciary powers the principal has authority to delegate

These powers can reshape who inherits and how property is owned, so the law walls them off from the general grant. If you want your agent to be able to do any of these, the document has to grant each one in clear language.

Arkansas adds one more guardrail. Under Ark. Code 28-68-201, unless the document provides otherwise, an agent who is not an ancestor, spouse, or descendant of the principal cannot use these powers to create an interest in the principal's property for the agent, by gift, survivorship, beneficiary designation, disclaimer, or otherwise. That rule helps protect against self-dealing by a non-family agent.

Arkansas Has a Statutory POA Form

Some Uniform Power of Attorney Act states left out the act's optional fill-in form. Arkansas kept it. Under Ark. Code 28-68-301, a document substantially in the statutory form creates a power of attorney with the meaning and effect set by Chapter 68.

The form is built to match the rules above. It lists categories of general authority the principal can grant by initialing each one, such as:

  • Real property
  • Tangible personal property
  • Banks and other financial institutions
  • Stocks, bonds, and other investments
  • Insurance and annuities
  • Estates, trusts, and other beneficial interests
  • Claims and litigation
  • Personal and family maintenance
  • Government benefits
  • Retirement plans
  • Taxes

The form also has a separate Grant of Specific Authority section for the hot powers under Ark. Code 28-68-201. Each of those must be initialed on its own. A free online form may skip those grants or hand over powers you did not intend, so an Arkansas attorney can match the document to your situation.

How an Arkansas Power of Attorney Ends

A power of attorney does not last forever. Under Ark. Code 28-68-110, it can end in several ways:

  • The principal revokes it. You can sign a written revocation, then notify the agent and any third parties who relied on it. If a real estate POA was recorded, record the revocation too.
  • A later POA replaces it. A newer power of attorney revokes an earlier one to the extent the later one says so or is inconsistent with it.
  • The purpose is complete, or the document's stated end date or terminating event passes.
  • The agent can no longer serve and there is no named successor.
  • The principal dies.

That last one is the line between planning and probate. At death, the power of attorney terminates. The agent loses authority, and a bank will stop honoring the POA once it learns of the death. From that point, only a personal representative appointed by the circuit court can act for the estate. A third party may keep relying on the POA in good faith until it has actual knowledge that the authority ended, which is why prompt notice matters.

Power of Attorney vs Probate

These two tools solve different problems at different times.

Power of attorneyProbate / estate administration
When it worksWhile the principal is aliveAfter the principal dies
Who actsThe agent named in the documentPersonal representative appointed by the court
Source of authorityThe signed and acknowledged POALetters from the circuit court, probate division
What it coversMoney and property tasks you allowSettling debts, taxes, and distributions
Ends whenThe principal dies (or revocation/expiration)The estate is fully administered and closed

A power of attorney can reduce stress while you are alive, but it does not avoid probate on its own. To plan ahead for what happens after death, see the Arkansas guide to avoiding probate, which covers survivorship, beneficiary designations, and other lifetime tools.

When to Get Legal Help

A power of attorney is one of the most powerful documents you can sign. The wrong wording can give an agent too much control, or too little to be useful. Talk with an Arkansas attorney when:

  • You want your agent to make gifts, change beneficiaries, or manage a trust (the hot powers)
  • You own real estate, a business, or out-of-state property
  • Family members might disagree about who should serve as agent
  • You are worried about financial abuse or want safeguards built in
  • You are choosing between an immediate and a springing power
  • You found a generic form online and are not sure it fits Arkansas law

This guide can help you understand the rules and prepare questions. A lawyer can draft the document, tailor the powers, and make sure it works when your agent needs it.

For the planning steps that pair with a power of attorney, keep these nearby:

This Arkansas power of attorney guide is a planning map, not legal advice. Confirm the details with an Arkansas attorney before you sign, because a power of attorney controls real money and property.

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

Sources

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Settled Estate is not a law firm and does not give legal advice.

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.

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