Medical power of attorney in Arkansas: how it works, how to sign
The short answer
In Arkansas, a durable power of attorney for health care names someone to make medical decisions when you can't. It must be in writing, signed, and either notarized or signed before two qualifying witnesses. If you name nobody, a provider may turn to your spouse, adult child, parent, sibling, other relative, then a close friend.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
Arkansas calls the document a "durable power of attorney for health care," and it is part of what the state calls an "advance directive for health care." This page covers how to sign one, who can't witness it, how a living will fits in, and what happens if you name nobody. It is part of our state-by-state planning guides. For the basics of the role, see what a medical power of attorney is.
How do I sign a health care power of attorney in Arkansas?
The durable power of attorney for health care must be in writing and signed by you. The advance directive must then be either notarized or signed before two witnesses (Ark. Code Ann. 20-6-103).
So you have two paths:
- A notary, or
- Two witnesses, with an attestation clause (a short statement in the document where the witnesses confirm what they saw).
The statute doesn't point to an official form. Any document that meets the signing rules works.
Arkansas's financial power of attorney is different. It needs no witnesses at all, though notarizing it helps with banks. Our Arkansas power of attorney guide covers that document.
Who can't be my witness?
If you use witnesses instead of a notary, Arkansas sets a few rules (Ark. Code Ann. 20-6-103). Each witness must be a competent adult who isn't your health care agent. Then the two witnesses, together, must meet two more tests.
| Rule | Applies to |
|---|---|
| Must be a competent adult | Both witnesses |
| Can't be the person you name as your health care agent | Both witnesses |
| Not related to you by blood, marriage or adoption | At least one witness |
| Not entitled to any part of your estate, under a will or by law | At least one witness |
One simple way to meet every rule is two friends or neighbors who aren't related to you and aren't in your will. The other is to skip witnesses and use a notary.
What can my agent decide?
Your agent makes the health care decisions you would make if you could. In everyday terms, that usually means talking with your doctors, reading your chart, and saying yes or no to a test, a surgery or a new medicine in light of what you want.
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote.
Your financial agent is a separate role. If you want the same person in both, you name them in both documents.
Do I need a living will too?
Many people sign both. A health care power of attorney names a person. A living will writes down your wishes about life-sustaining treatment, so that person isn't guessing.
In Arkansas, the living will is a "declaration" under a separate law about people who are terminally ill or permanently unconscious (Ark. Code Ann. 20-17-202). Any adult of sound mind may sign one.
It is signed by you and two witnesses. A declaration signed on or after July 1, 2017 is also valid if it is notarized without witnesses, or if it meets the health care power of attorney rules above. Arkansas offers optional forms, one for a terminal condition and one for permanent unconsciousness.
Our post on health care power of attorney vs living will explains how the two work together, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
Arkansas gives you one more option before the default rules kick in. You can name a surrogate simply by telling your supervising health care provider, out loud or in writing (Ark. Code Ann. 20-6-105). A signed document is still far stronger, because it is ready before anyone needs it.
If a physician finds you lack capacity, and there is no agent, designated surrogate or guardian reasonably available, the supervising provider chooses a surrogate and records the choice in your chart.
The surrogate must be an adult who has shown special care and concern for you, knows your personal values, is reasonably available and is willing to serve. The provider picks the best qualified person and may go in this order:
| Order | Who | Notes |
|---|---|---|
| 1 | Your spouse | Unless you are legally separated |
| 2 | An adult child | No majority rule if there are several |
| 3 | A parent | |
| 4 | An adult brother or sister | |
| 5 | Any other adult relative | Nieces, nephews, cousins and others |
| 6 | Any other adult | A close friend who meets the special-care test |
A few details matter here. The order is permissive: the law says the provider "may" follow it, weighing who can best follow your wishes, who saw you regularly, and who has shown care and concern. Your treating provider and facility staff can't serve unless they are related to you, and neither can someone under a court order to stay away from you.
If nobody is available, the supervising provider may decide after consulting the facility's ethics committee, or with an independent second physician agreeing.
Notice where a close friend sits: last, after every relative. If the person who really knows your wishes is a friend or neighbor, naming them in a health care power of attorney moves them to the front. Our page on who decides for you walks through this, and the 50-state guide to default decision-makers compares other states.
One 2025 change is worth knowing. A surrogate can now apply for public benefits such as Medicaid for you and get the income, asset and bank records the application needs, if they have a written designation that is notarized or signed by two witnesses who aren't family (Act 202 of 2025). It doesn't give them control of your accounts.
Here is a typical case, a composite. Dorothy is 73, widowed, and lives in Hot Springs. Her nephew lives in Little Rock and they talk at Christmas. Her neighbor Pat drives her to appointments and knows exactly what she would want. Dorothy names Pat as her health care agent and her nephew as backup, and signs before a notary.
How do I choose my agent?
The practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they would choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask good questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and members set the order in every role.
Once your health papers are done, our Arkansas probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Arkansas?
Not necessarily. It must be either notarized or signed before two witnesses. If you use witnesses, neither can be your agent, at least one must be unrelated to you, and at least one must not inherit from you.
Can a family member witness my Arkansas health care power of attorney?
Yes, one of them can. At least one witness must be unrelated to you by blood, marriage or adoption, and at least one must not be entitled to part of your estate. A notary avoids the question.
Who makes medical decisions in Arkansas if there's no power of attorney?
The supervising provider chooses a surrogate who knows you and has shown care and concern. The provider may go in order: spouse, adult child, parent, adult sibling, another adult relative, then another adult such as a close friend.
Can a close friend be my medical decision-maker in Arkansas?
Yes. Without a document, a friend can serve only as the last category, after all relatives. Naming the friend in a health care power of attorney puts them first.
Sources
This page is general information, not legal or financial advice. Laws vary by state.