Arkansas

IMPORTANT INFORMATION FOR THE PRINCIPAL As the "principal," you are giving the person whom you choose (your "agent") authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority. When your agent exercises this authority, your agent must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. "Important Information for the Agent" at the end of this document describes your agent's responsibilities. Your signature on this Power of Attorney is presumed to be genuine, and this Power of Attorney is generally accepted as valid by third parties, when you sign it before a notary public (Ark. Code §28-68-105). Notarization is the formality that creates that statutory presumption of genuineness; it is not the moment your agent's authority begins. Your agent's authority is created by your execution of this Power of Attorney itself. Arkansas law does NOT universally require the agent to sign a separate acceptance before exercising authority; under Ark. Code §28-68-113, an agent's acceptance may occur by signing a separate written acceptance form OR by exercising authority under the power of attorney, performing duties, or any other assertion or conduct indicating acceptance. A separate written acceptance is best practice (and individual third parties such as banks or title companies may request one), but it is not a precondition to the agent's authority under §28-68-113. Sign before a notary so the document carries the §28-68-105 presumption of genuineness banks and recorders look for. You can request information from your agent at any time. If you are not satisfied with the way your agent is performing his or her duties, you should revoke this Power of Attorney immediately and notify your agent in writing of the revocation. Your agent must then immediately stop acting on your behalf. This Power of Attorney is governed by Arkansas's Uniform Power of Attorney Act, Ark. Code §§28-68-101 through 28-68-403. Your agent's authority will continue if you become incapacitated unless this document expressly states otherwise (Ark. Code §28-68-104). Termination of an agent's authority or of the Power of Attorney itself is not effective as to the agent or any other person who, without actual knowledge of the termination, acts in good faith under the Power of Attorney. If there is anything about this document that you do not understand, you should ask a lawyer to explain it to you.

Each of us declares under penalty of perjury that we are at least eighteen years of age and that we are NOT (i) the declarant's healthcare agent or any alternate healthcare agent, (ii) related to the declarant by blood, marriage, or adoption, (iii) entitled to any portion of the declarant's estate under any existing will, trust, or by intestate succession, (iv) directly financially responsible for the declarant's healthcare, (v) the declarant's attending physician or a healthcare provider employee, or (vi) an owner, operator, or employee of any healthcare facility where the declarant is a patient or resident. Both witnesses must independently satisfy each of these requirements; under Ark. Code Ann. §20-17-202(b) Arkansas does not permit one related or interested witness to be cured by a disinterested second.