Power of Attorney Requirements in Arkansas

At a glance

Requirements one by one

Governing law

Ark. Code § 28-68-101 names Chapter 68 the Uniform Power of Attorney Act. The execution and effectiveness rules below come from that chapter; the conveyancing rule is in Title 18.

Who must sign

Ark. Code § 28-68-105 lets another individual, at the principal's direction and in the principal's conscious presence, sign the principal's name. It does not limit that signer to an adult in the quoted execution rule. Under § 28-68-106(a), a power of attorney executed in Arkansas on or after January 1, 2012, is valid if it complies with § 28-68-105.

Notarization

The execution rule does not make acknowledgment a condition of basic validity. It instead says that an acknowledged principal's signature is presumed genuine. A real-estate transaction invokes the separate rule below.

Durable by default?

Ark. Code § 28-68-104 says a power of attorney created under the chapter is durable unless it expressly says it terminates on the principal's incapacity.

Springing POA allowed?

Under § 28-68-109, the document ordinarily takes effect when executed, but it can specify a future date, event, or contingency. If the document names someone to determine that the event occurred, the determination may be made in writing or another record.

Real estate extras

Ark. Code § 28-68-204 permits an agent with general real-property authority to acquire or reject an interest in real property, unless the document says otherwise. When a power of attorney authorizes a conveyance or affects real estate, § 18-12-501 requires that it be acknowledged or proved and certified, then recorded with a deed made under it. The statute allows acknowledgment or proof before the officers authorized to take proof of deeds; it does not say only notarization will do.

Out-of-state POAs

Ark. Code § 28-68-106(c) recognizes a power of attorney executed elsewhere if execution met the law governing its meaning and effect under § 28-68-107, or the specified federal military-power-of-attorney requirements in 10 U.S.C. § 1044b.

What trips people up

A signed power of attorney can meet Arkansas's basic execution rule without an acknowledgment, yet the real-estate recording rule adds formalities when the agent uses it for a conveyance. Check the transaction the agent needs to complete as well as the document's signature.

Common questions

Can I use the statutory form? Yes. Ark. Code § 28-68-301 says a document substantially in its statutory form may be used; it is an available form, not a required one.

Must the person signing for me be an adult? Ark. Code § 28-68-105 says “another individual” directed by the principal to sign in the principal's conscious presence. The quoted provision does not add an adult-age condition.

Statutes and sources

• Ark. Code §§ 28-68-104–106, 109, 204, 301: Durability, execution and validity, delayed effectiveness, general real-property authority, and optional statutory form. Official Arkansas Act 805 of 2011 (accessed 2026-10-06).
• Ark. Code § 18-12-501: A real-estate power of attorney “shall be acknowledged or proved and certified and recorded with” the deed made under it. Official Arkansas Act 356 of 2021 (accessed 2026-10-06).