Life can be unpredictable, and there may come a time when a person is either no longer able—or no longer wishes—to make certain decisions for themselves. Whether due to illness, disability, absence, or personal choice, it’s important to have a plan in place that allows a trusted individual to step in and act on your behalf. In Arkansas, this is accomplished through legal documents known as powers of attorney (POA). These documents allow you to appoint someone else, referred to as an agent or attorney-in-fact, to make decisions and take actions on your behalf.
In Arkansas, powers of attorney are generally divided into two broad categories: financial (or durable) powers of attorney and healthcare powers of attorney. Each serves a specific purpose and can be tailored to suit your individual needs and preferences.
A financial power of attorney grants your agent the authority to handle matters such as managing your bank accounts, paying bills, handling investments, filing taxes, or even selling property—depending on the scope of authority you provide. This document can take effect immediately upon signing, or it can be made “springing,” meaning it only becomes effective once a specific event occurs, such as a physician declaring you incapacitated.
A healthcare power of attorney, sometimes referred to as a medical power of attorney or healthcare proxy, allows your agent to make decisions regarding your medical care if you are unable to do so yourself. This includes decisions about treatments, surgeries, medications, and long-term care. The healthcare power of attorney often works in tandem with a living will, which expresses your wishes regarding life-sustaining treatments.
One of the most valuable aspects of establishing a power of attorney in Arkansas is that you maintain control over the process. You can decide not only who will act on your behalf but also what powers they will have, when those powers begin, and how they are to be carried out. You can impose limits on what your agent can and cannot do. You can also name alternate agents in case your primary agent is unavailable, unwilling, or unable to fulfill their duties. This flexibility ensures that your wishes are respected and followed, even when you're not in a position to voice them.
It’s important to note that powers of attorney must meet specific legal requirements under Arkansas law to be valid. These documents must be in writing, signed by the principal (you), and in most cases, notarized. Poorly drafted or outdated powers of attorney can lead to legal complications, confusion, and even disputes among family members or care providers.
At Dusty Dawn Law, we understand that these are sensitive and often difficult decisions. Our experienced team is here to guide you through the entire process of creating a legally sound and personalized power of attorney that protects your interests, your healthcare preferences, and your financial well-being. We will take the time to explain your options, draft clear and enforceable documents, and ensure that your chosen agents understand their responsibilities.
Take control of your future today. Contact Dusty Dawn Law to schedule a free 30-minute case evaluation, and let us help you put a plan in place that provides peace of mind for you and your loved ones.
