Arkansas Power of Attorney Forms

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The Arkansas Power of Attorney Forms are legal instruments by which one party, referred to as the Principal, chooses to nominate another party, referred to as the Agent, to perform certain actions on their behalf. The actions can include legal duties, such as the payment of taxes, as well as personal tasks, such as the selling of a car. The nature of the duties must be decided by the Principal themselves, who is responsible for ensuring that any duties they wish for the Agent to perform are clearly stated in the form.

Types

Durable (Financial) Power of Attorney Form – A legal document that helps to safeguard the continuation of the power of attorney, even in the case the principal become incapacitated.

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General (Financial) Power of Attorney Form – This form will be rendered inactive in the case the principal can no longer communicate their needs due to incapacity.

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Limited (Special) Power of Attorney Form – A power of attorney that is only applicable in the certain circumstances noted in the agreement.

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Medical Power of Attorney Form – For situations in which one or more individuals will make decisions about the medical care of the principal, a Medical Power of Attorney form must be drafted and signed in accordance to the Arkansas Healthcare Decisions Act.

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Minor Child Power of Attorney Form – A legal document that establishes the legal right for an individual to take care of another party’s child, in some capacity, when that party is unable to do so.

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Motor Vehicle (DMV) Power of Attorney Form – From repairing a car to selling it, this form makes it possible for an agent to act on the principal’s behalf in matters connected to their motor vehicle.

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Real Estate (Property) Power of Attorney Form – The principal may appoint an individual, known as an agent, to possess the necessary legal powers to execute specified duties on their behalf regarding their real estate.

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Revocation of Power of Attorney Form – A form used when the principal decides they no longer want the legal rights granted to the agent by the power of attorney to endure.

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State Tax Filing Power of Attorney Form – If one party cannot file their state tax for whatever reason, they may use this form to nominate another party to file it on their behalf.

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What is an Arkansas Power of Attorney?

An Arkansas Power of Attorney represents the wishes of a Principal to allow a nominated Agent to make decisions on their behalf regarding one or more matters. As a legally-binding document, the Agent must respectfully follow the provisions that have been set out in the document by the Principal. In other words, the Agent is bound by the terms of the form and therefore may not act on their own accord.

  • Arkansas Power of Attorney Laws – (Title 28, Chapter 68, “Uniform Power of Attorney Act”)
  • State Definition of Power of Attorney (§ 28-68-102(7)) – “means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.”
  • Signing Requirements (§ 26-68-105) – A signature is only considered genuine if signed by the Principal in the presence of a Notary Public or another authorized entity. Another individual may sign on the Principal’s behalf so long as they were directed to do by the Principal and the signing  takes place in their conscious presence.

When is it Effective?

According to § 26-68-109, the power of attorney is effective when signed by the Principal in the presence of a Notary Public or another authorized entity. The Principal may direct another individual to sign the document for them, so long as they sign it in the Principal’s conscious presence.

That is, unless the contract specifies conditions of its validity to the contrary. Namely, that the POA will only come into effect upon a future date or event, or upon the occurrence of the specified future event or contingency.