Power of attorney in Arkansas: the rules, signing and who to name
The short answer
An Arkansas financial power of attorney keeps working after you lose capacity unless it says otherwise. You sign it, and no witnesses are needed. A notary isn't required either, but a notarized statutory form is the version banks must accept, so notarizing is the smart choice.
A financial power of attorney lets someone you trust pay your bills, talk to the bank and keep the lights on if you can't. Arkansas makes this document fairly easy to sign, and it gives the right version real weight with banks.
This page walks through the Arkansas rules in plain words. It is one of our estate planning guides for each state. If the idea is new to you, start with what a power of attorney does, then come back here.
Is an Arkansas power of attorney durable?
Yes, by default. A power of attorney made under Arkansas's power of attorney chapter is durable unless it expressly says it ends if you become incapacitated (Ark. Code Ann. 28-68-104).
That matters, because durability is the whole point for most people. The document is meant to work on the hard day, when you are in the hospital and the mortgage is still due. Our post on durable power of attorney explains why this protection matters everywhere.
Arkansas adopted the Uniform Power of Attorney Act, a model law used in a number of states (Ark. Code Ann. 28-68-101). That is where the durable-by-default rule and the bank rules below come from.
How do I sign one in Arkansas?
Arkansas keeps the signing simple. You sign the document yourself, or someone else signs for you in your conscious presence and at your direction (Ark. Code Ann. 28-68-105).
No witnesses are required. A notary isn't required for the document to be valid either. But if you acknowledge your signature before a notary, the law presumes your signature is genuine.
In practice, notarize it. The notary step costs little, and it unlocks the bank protections in the next section. Here is a simple checklist for signing day:
| Step | Required by Arkansas law? | Why it helps |
|---|---|---|
| You sign the document (or direct someone to sign in your presence) | Yes | It is the only signing step the statute requires |
| Witnesses | No | Not needed for a financial power of attorney |
| Sign before a notary | No, but strongly advised | Your signature is presumed genuine, and banks must accept a notarized statutory form |
| Use the Arkansas statutory form | No, but advised | The forced-acceptance rule covers the acknowledged statutory form |
| Name a backup agent | No | Someone can step in if your first choice can't |
| Give copies to your bank and investment firm | No | The document is on file before anyone needs it |
Arkansas's health care document follows different rules. It needs two witnesses or a notary. Our Arkansas medical power of attorney guide covers that one, so the two don't get mixed up.
Will my bank have to accept it?
If you use the Arkansas statutory form and sign it before a notary, largely yes. This is one of the most useful parts of Arkansas law (Ark. Code Ann. 28-68-120).
When your agent presents an acknowledged statutory form power of attorney, the bank must do one of two things within 7 business days:
- Accept it, or
- Ask for a certification, a translation or a lawyer's opinion about it.
If it asks for one of those, it must accept the document within 5 business days of receiving what it asked for. It can't insist that you sign its own form instead.
A bank may still refuse in certain listed cases. Examples include when it wouldn't otherwise have to do business with you, when it knows the authority has ended, when it believes in good faith the document isn't valid, or when it has reported suspected abuse to the Department of Human Services. A wrongful refusal can lead to a court order and paying the agent's attorney's fees.
Two small steps still help:
- Bring a copy to your bank and brokerage now, while you are well.
- Keep the original where your agent can reach it, with a note saying where.
What can my agent do, and what needs special wording?
Your document sets the scope. A broad financial power of attorney usually covers everyday money matters: paying the electric bill, depositing a pension check, filing taxes, getting the gutters fixed.
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote.
Some powers are too important to fall under general language. Arkansas requires a specific grant for these (Ark. Code Ann. 28-68-201):
| Power | Included in a general grant? | What Arkansas requires |
|---|---|---|
| Creating, changing, revoking or ending a living trust | No | A specific grant in the document |
| Making gifts | No | A specific grant |
| Creating or changing survivorship rights on accounts | No | A specific grant |
| Creating or changing beneficiary designations | No | A specific grant |
| Handing the agent's authority to someone else | No | A specific grant |
| Waiving survivor rights in an annuity or retirement plan | No | A specific grant |
| Exercising fiduciary powers you are able to delegate | No | A specific grant |
If you have a living trust, the first row matters most. Your agent may need to move an account into the trust while you are recovering from surgery. Our post on what a living trust is explains how the two documents work together.
Who should I name as my agent?
The real questions are practical. Is this person careful with money and paperwork? Do they live near enough to get to your bank, or to the house if a pipe bursts? Will they keep records and answer questions from your family?
A short checklist when you choose:
- Trust: would you hand them your checkbook today?
- Distance: can they reach your home, your mail and your bank?
- Time: do they have room in their life for this, maybe for years?
- Backup: who steps in if your first choice can't? Our post on having a backup in every role explains why this matters.
Many people choose a sister, a niece or a longtime friend. Our post on naming a friend as power of attorney covers what to talk through first.
Here is a typical case, a composite. Joan is 70 and lives in Fayetteville. Her daughter lives in Denver. Joan names her friend Barbara, who already has a key and walks the dog when Joan travels, as her agent, with her daughter as backup. She signs the statutory form at her bank in front of the branch notary.
What if I never sign one?
If you lose capacity without a power of attorney, your family may have to ask a court to appoint someone to manage your money. That takes time and money, and a judge decides who serves. Our post on conservatorship vs power of attorney explains the difference.
Some people would like a professional standing by, either first or behind a friend. A Kinly membership includes a financial power of attorney written for your state. Members set the order in every role, and Trella Trust Company can be named first or as backup to the people you choose.
A power of attorney ends at death. After that, your will and your executor take over. Our Arkansas probate and small estates guide covers what happens next.
Common questions
Does an Arkansas power of attorney need to be notarized?
Not to be valid. Arkansas requires only your signature, with no witnesses. But a notarized signature is presumed genuine, and banks must accept a notarized statutory form, so notarizing is strongly advised.
Is an Arkansas power of attorney durable?
Yes. Under Arkansas law a power of attorney is durable unless it expressly says it ends if you become incapacitated. You don't need special wording to make it last.
How long does a bank have to accept my power of attorney in Arkansas?
For a notarized statutory form, the bank must accept it or ask for a certification, translation or lawyer's opinion within 7 business days. It must then accept within 5 business days of getting what it asked for.
Can my agent make gifts or change beneficiaries?
Only if your document specifically says so. Arkansas requires a specific grant for gifts, beneficiary designations, survivorship rights and changes to a living trust.
Sources
- Ark. Code Ann. 28-68-101: Short title, Uniform Power of Attorney Act (FindLaw)
- Ark. Code Ann. 28-68-104: Power of attorney is durable (FindLaw)
- Ark. Code Ann. 28-68-105: Execution of power of attorney (FindLaw)
- Ark. Code Ann. 28-68-120: Acceptance of statutory form power of attorney (FindLaw)
- Ark. Code Ann. 28-68-201: Authority that requires specific grant (FindLaw)
This page is general information, not legal or financial advice. Laws vary by state.