Arkansas

IMPORTANT INFORMATION FOR THE PRINCIPAL (Plain-English notice prepared by Will.com; Arkansas does not codify a mandatory pre-form warning to the principal at Ark. Code §28-68-301. The statutory short form's own "Important Information" preamble is rendered separately when the Will.com template uses the §28-68-301 short form.) 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. Treat acknowledgment before a notary as functionally mandatory. Your signature on this Power of Attorney is presumed to be genuine when you acknowledge it before a notary public (Ark. Code §28-68-105), and that statutory presumption is what triggers third-party acceptance and reliance under Ark. Code §§28-68-119 and 28-68-120. Acknowledged form is also required for the document to be recorded with a circuit clerk for real-estate transactions (Ark. Code §18-12-501). Although Ark. Code §28-68-105 does not condition the bare execution validity of a Power of Attorney on notarization, an unnotarized form is not commercially usable: Arkansas banks, brokerages, title companies, and recorders routinely refuse to honor any Power of Attorney that has not been acknowledged. Do not sign this Power of Attorney without completing the notary acknowledgment. Your agent's authority is created by your execution of this Power of Attorney itself; 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. 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 28-68-406. Your agent's authority will continue if you become incapacitated unless this document expressly states otherwise (Ark. Code §28-68-104). If your spouse is your agent, that authority terminates automatically when an action for divorce, annulment, or legal separation is filed unless this document states otherwise (Ark. Code §28-68-110). 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.

Ark. Code §20-17-202(b)'s statutory declaration form requires two witnesses. Witness 1 attests only that he or she is not the declarant's proxy. Witness 2 attests that he or she is not the proxy, is not related to the declarant by blood, marriage, or adoption, and would not be entitled to any portion of the declarant's estate. Will.com applies a single conservative drafting overlay so both witnesses confirm (i) they are at least eighteen years of age, (ii) they are not the declarant's healthcare proxy or any alternate, (iii) they are not related to the declarant by blood, marriage, or adoption, (iv) they would not be entitled to any portion of the declarant's estate, and (v) they are not the declarant's attending physician or a healthcare facility employee where the declarant is a patient. Items (iv) and (v) beyond §20-17-202(b)'s minimum are Will.com conservative drafting practice; items (i) through (iii) match the statutory form.