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Power of Attorney in Arkansas: Requirements, the Statutory Form, and How to Get One

An Arkansas power of attorney needs only your parent's signature, but notarizing it is what triggers the bank deadline and real estate recording. Here is what the Uniform Power of Attorney Act requires.

By naveen · Updated · How we research our guides

What to know

An Arkansas power of attorney needs only your parent's signature, or a signature made for them in their conscious presence at their direction; no witness or notary is required for validity (A.C.A. 28-68-105, Act 805 of 2011). The act says it "must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney," and that's its only execution requirement. The same section adds that a signature acknowledged before a notary "is presumed to be genuine," and the law's practical protections depend on that step.

What is a durable power of attorney in Arkansas?

A durable power of attorney keeps working if your parent becomes incapacitated, and in Arkansas that's the default: under A.C.A. 28-68-104, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity of the principal." For reasons to set one up early, see our guide to power of attorney for an elderly parent.

Arkansas's law is the Uniform Power of Attorney Act, A.C.A. 28-68-101 and following, in effect since January 1, 2012. A power of attorney is "a writing or other record that grants authority to an agent to act in the place of the principal." Your parent is the principal. A power of attorney signed in Arkansas before 2012 stays valid if it met the law in force when it was signed.

What does Arkansas require for a power of attorney to be valid?

Only a signature: your parent's, or one made for them in their conscious presence at their direction (28-68-105). Notarizing is optional, but it carries the protections.

StepWhat the law saysWhy it matters
SignatureSigned by your parent, or by someone in their conscious presence at their directionThe only execution requirement (28-68-105)
Notary (optional)A signature acknowledged before a notary "is presumed to be genuine"Needed for the bank-acceptance rule (28-68-120) and to record it for real estate (18-12-501)

The act's sections we read don't require witnesses. Arkansas's statutory form ends with a signature and a notary's acknowledgment block, and it has no witness lines.

Is there an official Arkansas power of attorney form?

Yes. A.C.A. 28-68-301 sets out the "ARKANSAS STATUTORY FORM POWER OF ATTORNEY," and "A document substantially in the following form may be used." The current text, as amended in 2021, is printed in Act 804 of 2021. Using it is optional, but it matters for banks, as explained below.

The form's notice is worth reading with your parent before anyone signs. It explains that "Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself," and that "Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions."

Some powers need their own initials. Under A.C.A. 28-68-201, an agent can create, amend, revoke or terminate a trust, make a gift, create or change survivorship rights or beneficiary designations, or delegate authority "only if the power of attorney expressly grants the agent the authority." The form warns that granting them "could significantly reduce your property or change how your property is distributed at your death."

When does it take effect, and when does it end?

It's "effective when executed" unless it says it starts at a future date or event (A.C.A. 28-68-109). If it starts on incapacity and no one is named to decide, a written determination by a physician or licensed psychologist, or in some cases an attorney, judge or government official, triggers it.

Under A.C.A. 28-68-110, it ends when your parent dies, revokes it, when the document says it ends or its purpose is accomplished, or when the agent can no longer serve and no other agent is named. An agent's authority also ends when "an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides." That's the filing, not the final decree.

A court-appointed guardian of the estate doesn't end it: "The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court." Your parent can also nominate a guardian in the power of attorney, and the court follows the most recent nomination except for good cause or disqualification.

What does the agent have to do?

Under A.C.A. 28-68-114, whatever the document says, an agent must act according to your parent's reasonable expectations as the agent knows them, otherwise in their best interest, in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts, act with care, competence and diligence, and "keep a record of all receipts, disbursements, and transactions made on behalf of the principal."

If your parent, a guardian, a conservator or a protective government agency asks for those records, the agent has 30 days to comply or explain in writing why more time is needed, then another 30 days. Our guide to protecting a parent from scams covers the warning signs any agent should know.

Do banks have to accept an Arkansas power of attorney?

Yes, on a clock, if it's a notarized statutory form power of attorney and none of the statute's exceptions applies. Under A.C.A. 28-68-120, "a person shall either accept an acknowledged statutory form power of attorney or request a certification, a translation, or an opinion of counsel" no later than seven business days after it's presented, then accept within five business days of receiving what they asked for. They "may not require an additional or different form of power of attorney for authority granted in the statutory form power of attorney presented."

That deadline covers a power of attorney substantially in the statutory form, or a military power of attorney. The statute lists reasons a bank can still refuse, such as a good-faith belief the document isn't valid, or a report to the Department of Human Services about suspected abuse or exploitation. A wrongful refusal can bring a court order to accept it and liability for reasonable attorney's fees and costs.

Does an Arkansas power of attorney need to be recorded?

For real estate, yes. Under A.C.A. 18-12-501, as amended by Act 356 of 2021, a power of attorney used to convey or affect real estate "shall be acknowledged or proved and certified and recorded with" the deed the agent signs under it. That's another reason to notarize.

How do you get a power of attorney for an elderly parent in Arkansas?

Your parent has to make and sign it. The steps:

  1. Talk with your parent about who they'd want acting for them, and who should succeed them.
  2. Choose a document: the statutory form, or one drafted for your parent's situation.
  3. Go through the subjects with your parent; they initial only what they want to grant, including any specific powers such as gifts.
  4. Your parent signs and acknowledges it before a notary.
  5. Give the agent a copy and keep the original somewhere safe.

Timing is the constraint: your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. If the situation is complicated, it helps to know what an elder law attorney does.

How do you revoke a power of attorney in Arkansas?

Revocation by your parent ends a power of attorney under A.C.A. 28-68-110, but the act doesn't prescribe a method. People who act in good faith without "actual knowledge" of the termination are protected, so a written, dated revocation sent to the agent and every bank holding a copy leaves a clear record.

A power of attorney recorded for real estate has its own rule: "The revocation shall be in writing acknowledged or proved before the proper court or officer and filed for record in the county or counties where the" power of attorney was meant to operate (A.C.A. 18-12-502). Signing a new power of attorney doesn't cancel an older one unless the new one says so.

How much does a power of attorney cost in Arkansas?

Using the statutory form costs nothing, and Arkansas's notary fee statute sets no dollar amount. Under A.C.A. 21-6-309, as rewritten by Act 537 of 2017, a notary "may charge and collect a fee for a notarial act if the fee" is reasonable and agreed in advance. The Arkansas Secretary of State's notary handbook says "Arkansas notaries are not required to charge for their services."

Frequently asked questions

Does a power of attorney need to be notarized in Arkansas?

Not to be valid. A.C.A. 28-68-105 requires only your parent's signature. But a notarized signature is presumed genuine, the seven-business-day rule for banks applies only to a notarized statutory form power of attorney, and a power of attorney used for real estate must be acknowledged and recorded. Arkansas's statutory form ends with a notary block.

Is an Arkansas power of attorney durable?

Yes, by default. Under A.C.A. 28-68-104, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity of the principal." Arkansas doesn't require special durability wording, and unless the document says otherwise the agent's authority continues despite the time that has passed since signing.

Where can I get an Arkansas power of attorney form?

The Arkansas Statutory Form Power of Attorney is printed in A.C.A. 28-68-301; the current wording appears in Act 804 of 2021 on the General Assembly's website. Using it is optional, but a notarized statutory form is the version banks must accept or question within seven business days. A document drafted for your parent's situation also works.

Can an Arkansas power of attorney make medical decisions?

No. The act doesn't apply to "a power to make health-care decisions," and the statutory form says so. Arkansas uses a separate durable power of attorney for health care under the Arkansas Healthcare Decisions Act, which needs two qualified witnesses or a notary. Our guide to Arkansas medical powers of attorney explains it.

What if my elderly parent can no longer sign?

Someone can sign your parent's name in their conscious presence at their direction, but your parent still has to direct it. If your parent can no longer make that decision, a court guardianship may be the remaining route. A power of attorney can nominate a guardian, and the court follows the most recent nomination unless there's good cause or a disqualification.

Is a power of attorney from another state valid in Arkansas?

Yes, if it met the right law when signed. Under A.C.A. 28-68-106, a power of attorney executed outside Arkansas is valid there if its execution complied with the law of the jurisdiction that governs its meaning, or with the federal requirements for a military power of attorney.

Getting started

A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Arkansas a notary is what triggers the bank deadline and real estate recording. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds. For health care, see our Arkansas medical power of attorney guide.

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Retirement Checklist explains how these documents work; it is not a law firm, and this page is not legal, financial or medical advice. Decisions belong to your parent, ideally with a qualified professional in their state.

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