Power of Attorney Form for Arkansas

GENERAL POWER OF ATTORNEY

INSTITUTIONAL-GRADE STATUTORY FORM (ARKANSAS)

Document ID: POA-AR-2026-V1
Effective Date: [Effective Date]
Version: 1.0
Governing Jurisdiction: State of Arkansas (Arkansas Code Annotated §§ 18-12-601 et seq., and Uniform Power of Attorney Act, Ark. Code Ann. § 28-68-101 et seq.)

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1. STATUTORY & LEGAL COMPLIANCE NOTICE

CRITICAL LEGAL NOTICE: This General Power of Attorney is a powerful legal document designed to comply with the statutory framework of the State of Arkansas. By executing this document, the Principal grants broad, sweeping powers to the designated Agent to manage, control, and dispose of the Principal’s real and personal property, financial accounts, and legal affairs.

• Financial vs. Healthcare Powers: This instrument governs financial, business, and property matters. It DOES NOT confer authority to make medical, healthcare, or end-of-life treatment decisions on behalf of the Principal. Healthcare decisions require a separate Arkansas Advance Directive or Durable Power of Attorney for Healthcare.
• Durability Provision: Unless explicitly stated otherwise in Section 4, this Power of Attorney is NOT durable and shall automatically terminate upon the subsequent incapacity, disability, or adjudicated incompetence of the Principal, pursuant to Ark. Code Ann. § 28-68-104.
• Legal Counsel Recommendation: Both the Principal and the designated Agent are strongly advised to consult independent legal counsel licensed in the State of Arkansas prior to execution to ensure a full understanding of the rights, duties, and liabilities created hereby.

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2. PARTIES & RECITALS

This General Power of Attorney is made and entered into as of [Effective Date] (the "Effective Date"), by and between:

• PRINCIPAL: [Principal Full Legal Name], having a primary residential address at [Principal Address] (hereinafter referred to as the "Principal").
• AGENT (ATTORNEY-IN-FACT): [Agent Full Legal Name], having a primary residential address at [Agent Address] (hereinafter referred to as the "Agent").
• SUCCESSOR AGENT (Optional): [Successor Agent Full Legal Name], having a primary residential address at [Successor Agent Address] (hereinafter referred to as the "Successor Agent").

RECITALS

WHEREAS, the Principal desires to appoint the Agent as the Principal’s attorney-in-fact to act in the Principal’s name, place, and stead in accordance with the terms and conditions set forth herein; and
WHEREAS, the Principal has full legal capacity and the requisite mental competence to execute this instrument voluntarily;
NOW, THEREFORE, the Principal hereby revokes any previous general powers of attorney executed by the Principal regarding the subject matter herein (unless expressly stated otherwise) and grants the following authority to the Agent.

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3. APPOINTMENT AND GRANT OF AUTHORITY

3.1 Appointment of Agent

The Principal hereby appoints [Agent Full Legal Name] as the Principal’s true and lawful attorney-in-fact to act for, in the name of, and on behalf of the Principal, for the purposes and in the capacities set forth in this instrument.

3.2 Appointment of Successor Agent

If [Agent Full Legal Name] is unwilling or unable to serve, resigns, dies, or becomes legally incapacitated, the Principal hereby appoints [Successor Agent Full Legal Name] as Successor Agent, with all the rights, powers, duties, and immunities conferred upon the initial Agent under this Power of Attorney.

3.3 Scope of General Authority

The Agent is authorized, in the Agent's sole absolute discretion, but acting always in a fiduciary capacity and in the best interests of the Principal, to exercise any and all powers that the Principal could lawfully exercise if personally present, including, without limitation, the following enumerated categories under Arkansas law:

1. Real Property Transactions: To lease, sell, mortgage, purchase, exchange, maintain, alter, release, or partition any real property or interest therein owned by the Principal, situated within the State of Arkansas or elsewhere.
2. Tangible Personal Property Transactions: To buy, sell, lease, exchange, collect, possess, maintain, insure, and store any tangible personal property owned by the Principal.
3. Bank and Financial Institution Transactions: To open, maintain, close, and operate bank accounts, checking accounts, savings accounts, and certificates of deposit; to write checks, deposit funds, endorse negotiable instruments, and execute all banking documentation.
4. Business Operating Transactions: To control, manage, operate, expand, reorganize, or dissolve any business entity, partnership, limited liability company, or corporation in which the Principal holds an ownership interest, including voting rights and execution of corporate documents.
5. Insurance and Annuity Transactions: To procure, maintain, modify, surrender, borrow against, or cancel any life, health, disability, liability, or property insurance policies or annuities.
6. Estate, Trust, and Beneficiary Transactions: To act for the Principal in all matters relating to estates, trusts, or other fiduciary capacities in which the Principal has an interest, claim, or right.
7. Tax, Legal, and Administrative Proceedings: To prepare, sign, and file local, state, and federal tax returns; to represent the Principal before the Internal Revenue Service and the Arkansas Department of Finance and Administration; to settle, compromise, submit to arbitration, or initiate any legal claims, lawsuits, or administrative proceedings on behalf of the Principal.
8. Digital Assets and Electronic Accounts: To access, control, modify, delete, or close any digital accounts, email services, financial portals, cloud storage, and online profiles belonging to or operated by the Principal, in accordance with the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).

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4. OPERATIVE CLAUSES & LEGAL TERMS

4.1 Fiduciary Duty and Standard of Care

The Agent accepts this appointment and acknowledges a strict fiduciary relationship with the Principal. The Agent shall act solely in the best interests of the Principal, exercise the utmost good faith, avoid self-dealing and conflicts of interest, and keep accurate, contemporaneous records of all receipts, disbursements, and transactions undertaken pursuant to this Power of Attorney.

4.2 Durability and Effect of Incapacity

(Select and initial one option below; unselected options shall be deemed void)

• Non-Durable: This Power of Attorney shall terminate immediately upon the mental or physical incapacity, disability, or adjudication of incompetence of the Principal. (Initials: [Principal Initials])
• Durable: This Power of Attorney SHALL NOT terminate upon the subsequent disability or incapacity of the Principal, and shall remain fully effective pursuant to Ark. Code Ann. § 28-68-104 until revoked or terminated by operation of law. (Initials: [Principal Initials])

4.3 Compensation and Reimbursement of Agent

The Agent shall serve [ ] with compensation / [ ] without compensation (select one). If compensation is elected, the Agent shall be entitled to reasonable compensation commensurate with professional standards for fiduciary services rendered. In all events, the Agent shall be fully reimbursed from the Principal’s assets for all reasonable, necessary, and documented out-of-pocket expenses incurred in the execution of duties under this instrument.

4.4 Reliance by Third Parties

Third parties, including financial institutions, title companies, corporations, and governmental agencies, may safely and unconditionally rely upon the authority of the Agent under this Power of Attorney without liability to the Principal, provided that such third party has no actual knowledge or notice that this Power of Attorney has been revoked, modified, or terminated. Any instrument executed by the Agent shall be as binding upon the Principal, the Principal’s heirs, successors, and assigns, as if executed directly by the Principal.

4.5 Indemnification of Agent

The Principal hereby releases, holds harmless, and agrees to indemnify the Agent from and against any and all liability, claims, demands, losses, damages, or expenses (including reasonable attorneys' fees) arising out of any act or omission performed by the Agent in good faith pursuant to this Power of Attorney, except in cases of the Agent's willful misconduct, bad faith, or gross negligence.

4.6 Revocation and Termination

The Principal retains the absolute right to revoke, amend, or terminate this Power of Attorney at any time, with or without cause, by executing a written instrument of revocation recorded in the county where the Principal resides or where real property affected hereby is situated, or by notifying the Agent and relevant third parties in writing. This Power of Attorney shall automatically terminate upon the death of the Principal.

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5. GOVERNING LAW AND JURISDICTION

This Power of Attorney shall be construed, interpreted, and governed in accordance with the laws of the State of Arkansas, without regard to its conflict of laws principles. Any legal action, dispute, or proceeding arising under or relating to this document shall be brought exclusively in the courts of competent jurisdiction located within [County Name] County, Arkansas, and the Principal and Agent hereby submit to the personal jurisdiction of such courts.

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6. EXECUTION, ACKNOWLEDGMENT & NOTARIZATION

6.1 Principal Signature & Acknowledgment

IN WITNESS WHEREOF, the Principal has executed this General Power of Attorney on the date first written above.

PRINCIPAL:

Signature: _____________________________________
Printed Name: [Principal Full Legal Name]
Date: [Date]

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6.2 Notary Public Acknowledgment (State of Arkansas)

STATE OF ARKANSAS
COUNTY OF [County Name]

On this [Day] day of [Month], [Year], before me, the undersigned notary public, personally appeared [Principal Full Legal Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

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Notary Public
My Commission Expires: [Commission Expiration Date]
(SEAL)

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6.3 Witness Attestation (Optional / Statutory Compliance)

The undersigned witnesses, each being of sound mind and lawful age, certify that the Principal signed and executed this Power of Attorney in our presence, that the Principal appeared to be of sound mind and under no duress, fraud, or undue influence, and that we have signed as witnesses in the presence of the Principal and of each other.

WITNESS 1:
Signature: _____________________________________
Printed Name: [Witness 1 Full Legal Name]
Address: [Witness 1 Address]

WITNESS 2:
Signature: _____________________________________
Printed Name: [Witness 2 Full Legal Name]
Address: [Witness 2 Address]

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6.4 Agent Acknowledgment (Fiduciary Acceptance)

By executing below, the Agent acknowledges and accepts the appointment as attorney-in-fact and agrees to comply with the legal duties, obligations, and fiduciary standards set forth in this instrument.

AGENT:

Signature: _____________________________________
Printed Name: [Agent Full Legal Name]
Date: [Date]

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7. STEP-BY-STEP EXECUTION & FILING GUIDE

To ensure full legal enforceability of this Arkansas General Power of Attorney, execute the following operational steps with exact precision:

1. Document Assembly & Customization:
   • Open the template in Microsoft Word or Google Docs.
   • Perform a global search and replace for all bracketed placeholder text (e.g., [Principal Full Legal Name], [Agent Address], [County Name]) with verified, accurate legal data.
   • Select and initial the appropriate durability option under Section 4.2. Unused options must be crossed out or deleted.
2. Signatory Authority Verification:
   • Ensure the Principal possesses full legal capacity and cognitive competence at the exact moment of execution. If capacity is questionable, obtain a contemporaneous neurological evaluation or physician's certificate.
3. Execution Ceremony (In-Person Notarization):
   • Under Arkansas law, powers of attorney should be formally acknowledged before a licensed Notary Public to ensure widespread acceptance by financial institutions, title companies, and state agencies.
   • Gather the Principal, the designated Agent (optional for signing, but required for formal acceptance), two disinterested witnesses (recommended for evidentiary strength), and an active Arkansas Notary Public.
   • The Principal must physically sign or acknowledge their signature in the presence of the Notary Public.
4. Digital Signature & Platform Compliance:
   • If executing remotely via digital signature platforms (e.g., DocuSign, Adobe Sign), ensure the platform complies with the Arkansas Uniform Electronic Transactions Act (ueta) and maintains a secure audit trail verifying Principal identity. Note that remote online notarization (RON) must strictly adhere to Arkansas Secretary of State standards.
5. Record Retention & Distribution:
   • Original Document: Store the fully executed original paper document in a secure, fireproof location accessible to the Agent upon activation.
   • Certified Copies: Provide certified copies (certified by the Notary or an Arkansas attorney) to financial institutions, banking partners, real estate brokerages, and healthcare/legal representatives as required.
   • Filing for Real Property: If the Agent is granted authority to execute real estate transactions involving Arkansas real property, a certified copy of this Power of Attorney MUST be recorded in the Office of the Circuit Clerk and Ex-Officio Recorder in the county where the real property is situated, pursuant to Ark. Code Ann. § 18-12-601.