An Arkansas power of attorney can allow an individual to legally confer proxy status onto a trusted individual in certain instances. A power of attorney can be used for a discreet purpose such as when someone is selling property but will be unavailable for the closing and a proxy is needed to take the place of the seller, or for broader and longer term purposes, for instance, if someone wants to make sure his or her finances will be able to be handled by a trusted person in the event he or she becomes incapacitated. All forms should comply with Title 28, Chapter 68 of the Arkansas Code.
Durable Power of Attorney – Allows the principal to designate a trusted person to handle his or her financial and other interests as specified even if he or she becomes incapacitated and can no longer make decisions for him or herself.
General Power of Attorney – Allows a principal to grant proxy status to a trusted agent to administer certain financial matters for the benefit of the principal. If the principal somehow becomes incapacitated, this type of document will no longer be valid.
Health Care Power of Attorney – A person can choose a trusted relative or friend to make medical decisions on his or her behalf in the event he or she is unable to make the decisions anymore due to some sort of incapacity.
Limited Power of Attorney – This type can be limited as directed by the principal, to certain discrete matters.
Parental (Minor Children) Power of Attorney – Allows a parent to appoint a temporary guardian for their children in the event they are going to be away for some reason and unable to make decisions on their children’s behalf.
Real Estate Power of Attorney – For the benefit of an individual that owns real property where they may use someone else to have some or full-control over the decisions in reference to a purchase and sale or management. The document can be structured to be a durable and nondurable.
Revocation of a Power of Attorney – Can be used to revoke a power of attorney. A revocation can only be signed by the principal if the principal is of sound mind.
Tax Power of Attorney – This allows a principal to designate someone to represent them with any filings or issues associated with the department of Revenue.
Vehicle Power of Attorney – Allows a person to specify that another friend or relative handle issues related to selling, purchasing or titling a motor vehicle.
How to Write
1 – Make The Necessary Preparations
Once you are ready, download the Arkansas Power Of Attorney form available on this page by clicking the button labeled with the preferred file version below the file image on this page.
2 – Document The Basic Facts
The first paragraph will require some very basic information that is considered crucial to this form. To begin supplying this information, locate the first blank space in the first paragraph. Here, enter the Full Name of the Principal. This is the party who will release Authority via this form.
Next, on the blank space following the words “…the principal, of…” enter the Name of the City where the Principal is located.
The third blank space in this paragraph, following the words “…State of,” report the State where the Principal is located (in most cases this will be “Arkansas.”
Now, locate the words “…hereby designate,” then document the Full Name of the Agent who will be considered the Principal’s Attorney-In-Fact,” regarding the Authority transferred through this document.
The first blank space, on the third line preceding the term “…State of” will require the City where the Principal’s Attorney-In-Fact resides.
Finally, in the last blank space (of the first paragraph), report the State where the Principal’s Attorney-In-Fact resides.
3 – Effective Date Of This Power Of Attorney
The Effective Date of this document will need to be set in writing in the section labeled “Effective Date.” This will define when precisely the Principal will consider it appropriate for the Attorney-In-Fact to act with Authority regarding Principal Matters defined after this section. There will be two choices: “A” and “B.”
If the Principal wishes the Effective Date to be immediate upon Signing, he or she must Initial Choice A. If the Principal wishes the Effective Date to be only when being declared unable to handle his or her affairs, the Principal must Initial Choice B.
4 – Matters of Authority
Locate the heading “Powers of Attorney-In-Fact.” This section should be self-explanatory in its requirements. That is, it will give a description of various subject matters where the Principal may assign the responsibility and authority to act on his or her behalf to the Attorney-In-Fact. The Principal must place his or her initials on the blank space preceding each section the Attorney-In-Fact is authorized to act as such. Several choices will be available; the Principal may choose one or all of them. The Principal must choose at least one.
If the Principal will grant Authority to the Attorney-In-Fact regarding Banking matters, then he or she should initial the paragraph labeled “Banking.”
If the Principal wishes the Attorney-In-Fact to have access to his or her Safe Deposit Boxes (even if drilling is necessary) in any and all institutions where he or she have one, the Principal must Initial the paragraph labeled “Safe Deposit Box.”
If the Principal wishes the Attorney-In-Fact to be recognized with the Authority of Decision Making Powers regarding his or her credits/debts/loans/etc., the Principal should initial the paragraph labeled “Lending Or Borrowing.”
If the Principal wishes the Attorney-In-Fact to have Authority regarding any of the Principal Government Benefits (this includes applications), then he or she should Initial the paragraph labeled “Government Benefits.”
If the Principal wishes the Attorney-In-Fact to have power over the Principal’s Retirement Plans, then he or she must Initial the paragraph labeled “Retirement Plan.”
If the Principal wishes the Attorney-In-Fact to assume Power and Authority over his or her taxes, then he or she must initial the paragraph labeled “Taxes.”
If the Principal wishes the Attorney-In-Fact to have Decision Making Powers regarding his or her Insurance plans, the Principal must Initial the paragraph labeled “Insurance.”
If the Principal wishes to bestow Principal Power over his or her Real Estate interests to the Attorney-In-Fact, the Principal will need to Initial the paragraph labeled “Real Estate.”
If the Principal wishes to grant Principal Power over his or her Personal Property to the Attorney-In-Fact, he or she should initial the paragraph labeled “Personal Property.”The Principal must initial the blank line just before the words “Power To Manage Property,” if he or she is appointing the Agent to make any decisions or take any actions on the Principal’s behalf in terms of Property Management.
If the Principal wishes the Attorney-In-Fact to act in his or her Name and Authority where Gifts are concerned, then he or she should initial the paragraph labeled “Gifts.”
If the Principal wishes to provide the Attorney-In-Fact to make decisions regarding Legal Advice and Proceedings, then he or she must initial the paragraph labeled “Legal Advice and Proceedings.”
The next paragraph labeled “Special Instructions,” has been provided in case there are any specific powers or authority that must be defined, extended, or limited. This may be done using the blank lines provided below the “Special Instructions” paragraph.
5 – Solidifying Principal Consent
Next in the final section requiring attention, the Principal must define the Date this document is being Signed by entering it using the blank spaces in the statement beginning with the words “In Witness Whereof.”
Below this the Signature of the Principal must be provided and notarized by a Notary Public. The Principal Signature must appear on the blank line at the bottom of the page.
The next page will begin with the heading “Principal Signature.” Here the Witness should read the paragraph provided then his or her Signature and Address in the appropriately labeled areas. There will be enough room here for two Witnesses to supply this.
The Witness Section will be followed immediately by an area provided for the use of the attending Notary Public. This entity will provide the Notarization Seal and his or her credentials after filling out some basic information.
The final page, “Specimen Signature and Acceptance of Appointment,” will require a notarized Signature of the Attorney-In-Fact. The Full Name of this entity must be provided on the blank space in this paragraph. He or she must then Sign the blank line below this paragraph.
The last section of this document is strictly for the use of the Notary Public notarizing the Attorney-In-Fact’s Signature. Only this entity may supply information in this area then notarize the document via his or her Seal.