Arkansas Financial Power of Attorney

ARKANSAS DURABLE FINANCIAL POWER OF ATTORNEY

This instrument follows the Arkansas statutory-form structure in Ark. Code Ann. § 28-68-301. Arkansas enacted its Uniform Power of Attorney Act through Act 805 of 2011. The 2025–2026 official amendment search located no change to the core sections cited above.

Important Information for the Principal

This document authorizes another person, the Agent, to make decisions concerning your property. The Agent can act without court supervision and may receive broad authority. Select a trusted person, limit powers you do not want to grant, and obtain legal advice before granting gift, trust, survivorship, beneficiary, delegation, fiduciary, annuity, or disclaimer authority.

A power of attorney under current Arkansas law is durable unless it expressly states that it terminates upon the Principal's incapacity. This instrument is intended to remain effective during incapacity.

1. Designation of Agent

I, [PRINCIPAL NAME], of [ADDRESS], appoint:

Agent: [NAME / ADDRESS / PHONE / EMAIL]

If my Agent cannot or will not serve, I appoint:

Successor Agent: [NAME / ADDRESS / PHONE / EMAIL]

Second Successor Agent: [NAME / ADDRESS / PHONE / EMAIL]

Optional Co-Agent

Co-Agent: [NAME / ADDRESS / PHONE / EMAIL]

Initial one after counsel review:

_____ Each Co-Agent may exercise authority independently.

_____ Co-Agents must exercise authority jointly.

2. Grant of General Authority

Initial each subject you grant. The scope of a subject is controlled by current Arkansas law. Do not initial “all” unless you intend to grant every listed subject.

Limits on general authority:

[____________________________________________________________]

3. Specific Authority Requiring an Express Grant

The Agent does not receive an authority below unless the Principal initials it. These powers can change ownership or the estate plan.

Gift and Estate-Plan Instructions

Identify the permitted recipients, purposes, amount or tax standard, treatment of the Agent, and relationship to the existing estate plan. Do not use an automatic annual-exclusion amount without current tax and estate-planning advice.

[____________________________________________________________]

[____________________________________________________________]

4. Special Instructions

Use this section for restrictions, accountings, compensation, advisers, dependents, business controls, estate-plan preservation, and transaction-specific directions.

[____________________________________________________________]

[____________________________________________________________]

Agent compensation: ☐ No compensation ☐ Reasonable compensation ☐ Other: [________]

Accounting recipient and frequency: [________________________________]

5. Effective Date and Incapacity

Initial one:

_____ This power of attorney is effective immediately.

_____ This power of attorney becomes effective upon this future event or contingency: [________________________________].

Person or method authorized to determine that the event occurred: [________________________________]

This power of attorney is durable and does not terminate upon my incapacity. If the Principal instead wants termination upon incapacity, Arkansas counsel must replace this sentence with a clear, deliberate provision and review the consequences.

Optional expiration date or event: [________________________________]

6. Nomination of Conservator or Guardian

If a court later considers a protective proceeding, I nominate:

Conservator of my estate: [NAME / ADDRESS]

Guardian of my person: [NAME / ADDRESS]

This nomination does not itself appoint a guardian or conservator.

7. Reliance, Copies, and Agent Certification

A copy of this acknowledged instrument may be relied on to the extent current Arkansas law permits. A person asked to accept it may request the Agent's certification, an English translation, or an opinion of counsel as allowed by law.

Ark. Code Ann. § 28-68-302 provides an optional statutory agent-certification form. Complete a separate current certification when an institution requests one; do not alter facts or certify beyond personal knowledge.

Institutions or persons to receive copies:

[____________________________________________________________]

For real-estate use, confirm recording, acknowledgment, legal-description, homestead, title, and transaction-specific requirements.

8. Principal's Signature

I understand that this document grants financial authority and that my Agent must act according to this instrument and Arkansas law.

Principal signature: ____________________________________

Printed name: [________________________________]

Date: [________________________________]

If another person signs for the Principal, counsel must follow the conscious-presence and direction requirements in current Ark. Code Ann. § 28-68-105.

Notarial Acknowledgment

State of Arkansas

County of [________________]

This instrument was acknowledged before me on [DATE] by [PRINCIPAL NAME].

Notary public: ____________________________________

My commission expires: [________________________________]

An acknowledged signature receives the statutory presumption of genuineness. Use the acknowledgment in the Arkansas statutory form and any additional form required for the intended transaction.

9. Important Information for the Agent

When you accept authority, a special legal relationship is created. Until the power terminates or you resign, you must act according to the Principal's reasonable expectations actually known to you and otherwise in the Principal's best interest; act in good faith; and act only within granted authority.

Unless the instrument lawfully provides otherwise, you must also act loyally, avoid impairing the Principal's estate plan to the extent required by law, keep the Principal's property separate from your own, act with care, cooperate with a person authorized to make health-care decisions, and keep records of receipts, disbursements, and transactions.

You must disclose your identity as Agent when signing, for example:

[PRINCIPAL NAME] by [AGENT NAME], as Agent

If you violate the Act or act outside authority, you may be liable for restoring the Principal's property and reimbursing losses and costs as current law provides. This instrument does not create a liability cap, forced arbitration, jury waiver, cure period, or force-majeure defense.

Agent Acknowledgment

I, [AGENT NAME], acknowledge that I have read this notice and accept the appointment subject to this instrument and Arkansas law.

Agent signature: ____________________________________

Date: [________________________________]

10. Completion Checklist

☐ Agent and successors are identified correctly

☐ Co-agent mode is selected or intentionally omitted after counsel review

☐ General-authority subjects are individually initialed

☐ Every desired express authority in § 28-68-201 is separately initialed

☐ Gift authority is tailored to the estate plan and current tax law

☐ Effective-date, durability, and expiration provisions are consistent

☐ Special instructions do not conflict with checked powers

☐ Principal signed under § 28-68-105 and the signature was acknowledged

☐ Real-estate, bank, benefits, retirement-plan, tax-form, and digital-asset requirements were checked separately

☐ Prior powers to revoke and every recipient of revocation notice are identified

Official Sources Verified July 15, 2026

• Arkansas Act 805 of 2011 — Uniform Power of Attorney Act
• Arkansas General Assembly

This financial document does not authorize health-care decisions. Coordinate it with any health-care directive, trust, beneficiary designations, business documents, and digital-asset plan.