Start an Arkansas Power of Attorney (POA) form now to appoint a trusted individual to manage your estate, act for you professionally, or make medical decisions on your behalf.
Last Update May 8th, 2023
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- Power of Attorney Types in Arkansas
- How to Get a Power of Attorney in Arkansas
- Arkansas Power of Attorney Requirements
- Arkansas Power of Attorney Sample
- FAQs About Arkansas Power of Attorney Forms
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Power of Attorney Types in Arkansas
Before starting an Arkansas Power of Attorney it is critical to know what type of POA to create. There are many different varieties of these legal instruments and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.
The most common variants available in Arkansas include the following examples:
Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated. In Arkansas, Powers of Attorney are automatically assumed to be durable.
Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney allows a Principal to appoint someone to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
Vehicle: A Vehicle Power of Attorney (sometimes also called a DMV Power of Attorney) that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Springing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated or uncontactable and therefore unable to act for themselves.
Minor Child Power of Attorney: This variety of AR Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Arkansas’s tax office.
How to Get a Power of Attorney in Arkansas
An Arkansas Power of Attorney can be filled in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.
Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.
Also, some pre-prepared forms for Vehicle POAs and Tax POAs can be obtained directly from the relvevan state authorities. However, it is recommended to seek the help of an attorney in order to fill the document properly.
Arkansas Power of Attorney Requirements
In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your Arkansas Power of Attorney document before successfully putting it into action.
Since 2011 Arkansas has adopted Uniform Power of Attorney (§ 28-68-201(a)(1)). This act protects an individual’s right to POA made in one state if he or she moves to another state that adopted the act. Ensure the document includes all necessary wording.
To do this you will need to meet the following criteria:
Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
It is essential that the signing of the document is viewed by 2 witnesses who must also sign the form. Alternatively, a notary public can be present at the signing and must sign the document too.
In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located 30 days after signing.
In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:
Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.
Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Arkansas. They should also be someone that the Principal has full confidence in.
Arkansas Power of Attorney Sample
Creating and putting a Power of Attorney into action in Arkansas is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document.
Our sample AR Power of Attorney below can help you understand the details included in this legal arrangement a little better.
FAQs About Arkansas Power of Attorney Forms
It is important to have a good understanding of what Arkansas Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
Where Can I Get a Power of Attorney in Arkansas?
It is possible to create your own Arkansas Power of Attorney easily online with our easy contract maker. Alternatively, you can find templates for certain types of POA from some of the departments of the AR state government or pay to have a legal expert draft and complete your document.
What Are Some Uses of a Power of Attorney?
An Arkansas Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on your behalf to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and listed powers.
These responsibilities include:
Managing your financial affairs
Making medical decisions for you if you are incapacitated
Handling activities for you such as buying or selling property
What is the Difference Between a General and a Durable Power of Attorney?
The big difference between a General Power of Attorney and a Durable Power of Attorney is when the powers can and cannot be used. When you create your Arkansas Power of Attorney as a General POA, its powers can only be used by the agent until they are withdrawn or the Principal becomes incapacitated.
Durable POAs on the other hand can continue to be used after the Principal is incapacitated. This makes them much better documents for estate planning in later life or to provide for medical necessities.
In Arkansas, all Powers of Attorney are automatically considered to be durable. The only exception to this is if there is specific language on the form stating that the powers will end with the incapacity of the Principal.