How Does a Power of Attorney Work in Arkansas?
If you're ever in the situation where you need someone else to make decisions for you or to take action on your behalf, you can use a power of attorney to grant another person the legal authority to do so. Arkansas powers of attorney must comply with state legal requirements, so talk to an Arkansas attorney if you need legal advice about using these documents.
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Creation
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When you create a power of attorney, you give someone else the legal right to make decisions or enter into agreements in your place. Your ability to do this depends upon your willingness to convey your decision making rights to another person, called the "agent" or "attorney in fact," and your meeting of the legal requirements. In general, you can only pass on power of attorney in writing, and you must name the agent, list the powers granted and sign the document.
Use
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You can use a power of attorney for almost any purpose you wish. For example, if you want a tax professional, such as a CPA or tax attorney, to represent you when you deal with the Arkansas Department of Finance and Administration, you can grant the professional power of attorney. Once granted, your agent can then sign agreements and waivers on your behalf or receive your confidential tax information from the department.
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POA for Health Care
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Arkansas also has allows people to create a special kind of power of attorney that only applies when you're sick or incapacitated and need someone else to make medical decisions for you. Arkansas Code section 20-13-104 provides that people can create a Durable Power of Attorney for Health Care. With this document, your agent gets to make medical decisions for you when you're too sick to do so yourself. You must make an Arkansas durable powers of attorney for health care in writing, sign it and do so in the presence of two competent witnesses.
Termination
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When you give an agent power of attorney, that agent retains the power for as long as you choose. You have the right to terminate an agent's power at any time and for any reason. If you grant durable power of attorney, the agent maintains the right to act even if you become incapacitated. If you don't grant durable power of attorney, the power terminates automatically once you become incapable. Regardless of the kind of power you pass, all powers of attorney terminate once you die.
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