Where to Start: The Three Routes in Arkansas

In Arkansas, you create a power of attorney by signing a document that names someone to act on your behalf. You do not need a lawyer, though one can help. You have three main routes: use a template form, work with an attorney, or use an online legal service. The form itself must be signed and, in most cases, notarized before it becomes valid.

Arkansas law requires that a power of attorney be in writing. The document must be signed by you (called the principal) in front of a notary public. Some forms also require witnesses, depending on the type of power of attorney you are creating. The person you name to act for you is called your agent or attorney-in-fact.

The fastest route for a straightforward power of attorney is a template form from a legal document service or your bank. If your situation is complex — blended families, significant assets, or concerns about the agent's judgment — an attorney can draft a custom document and explain what you are signing.

Key Takeaways

  • Arkansas requires a power of attorney to be in writing, signed by you, and notarized by a public notary before it takes effect.
  • You can use a template form, hire an attorney, or use an online legal service; template forms cost $0 to $50, while attorney fees typically range from $200 to $500.
  • The document must name a specific person as your agent and state what powers you are giving them — general (broad authority) or limited (specific tasks only).
  • You can revoke a power of attorney at any time by signing a revocation document and notifying your agent and any institutions that have a copy.

Using a Template Form: The Lowest-Cost Option

Arkansas does not have an official state form, but template forms that meet Arkansas law are widely available. The Arkansas Bar Association does not publish a recommended form, but banks often provide their own power of attorney forms for customers who want to name an agent to manage accounts. These forms are free and already comply with state law.

You can also read a template from legal document websites. Search for "Arkansas power of attorney form" and look for documents that specify they are for Arkansas and include a notarization section. read the form, print it, fill in the blanks with your name, your agent's name, and the powers you want to grant, then take it to a notary public to sign.

A notary public is available at most banks (often free for customers), UPS stores, FedEx locations, and some pharmacies. Call ahead to confirm they are in stock and ask what identification you will need to bring. The notarization usually takes 5 to 10 minutes and costs $5 to $15 if you are not a customer.

Hiring an Attorney in Arkansas

An attorney can draft a custom power of attorney, explain what each clause means, and make sure the document reflects your actual wishes. This is worth the cost if you have a large estate, own a business, have concerns about your agent's judgment, or want to set conditions on when the power of attorney takes effect.

To find an attorney in Arkansas, contact the Arkansas Bar Association's lawyer referral service at (501) 375-4606 or visit arkbar.org. You can also search online for "power of attorney attorney near me" and filter by location. Most attorneys offer a free initial consultation where you can ask about fees before committing.

Attorney fees for a straightforward power of attorney typically range from $200 to $500. More complex documents — such as a durable power of attorney with specific conditions or one that covers business decisions — may cost $500 to $1,000 or more. Ask for a flat fee estimate in writing before you sign anything.

What Powers to Grant Your Agent

A general power of attorney gives your agent broad authority to handle your finances, sign documents, and make decisions on your behalf. This includes managing bank accounts, selling property, paying bills, and filing taxes. Use this only if you trust your agent completely and want them to have maximum flexibility.

A limited power of attorney restricts your agent to specific tasks — for example, selling one piece of property, managing a single bank account, or handling medical decisions. This is safer if you want to give someone authority for one specific purpose without handing over control of everything.

A durable power of attorney remains in effect even if you become mentally incapacitated. Without the "durable" language, the power of attorney ends if you lose the ability to make decisions. In Arkansas, you must use the word "durable" or similar language in the document for it to survive your incapacity. This is the type most people need if they are planning for illness or aging.

A springing power of attorney does not take effect until a specific event occurs — usually your incapacity. Your agent cannot act until a doctor certifies that you are no longer able to make decisions. This gives you more control but requires a clear trigger in the document.

The Notarization and Signing Process

You must sign the power of attorney in front of a notary public. Bring a photo ID (driver's license, passport, or state ID). The notary will watch you sign, verify your identity, and then sign and stamp the document. Some forms also require one or two witnesses — check your form to see if witnesses are listed.

If your form requires witnesses, they must be present when you sign. Witnesses cannot be your agent, your spouse, or anyone who stands to inherit from you. They straightforward watch you sign and then sign the document themselves. This takes about 10 minutes total.

After notarization, the power of attorney is valid. Make several copies — one for your agent, one for your bank or financial institutions, one for your doctor if it covers medical decisions, and one for yourself. Keep the original in a safe place, such as a safe deposit box or home safe.

Telling Your Agent and Institutions About the Document

Give your agent a copy of the signed, notarized power of attorney. Explain what powers you have granted and when they can use it. If it is a springing power of attorney, explain what event will trigger it and how they will know when to act.

Send a copy to your bank, investment firm, and any other financial institution where you hold accounts. Ask them to keep it on file so your agent can access the account if needed. Some institutions have their own power of attorney forms they prefer; ask whether they will accept your document or require theirs.

If the power of attorney covers medical decisions, give a copy to your doctor and hospital. Include a note with your agent's contact information so medical staff can reach them quickly if needed.

Revoking or Changing a Power of Attorney

You can revoke a power of attorney at any time as long as you are mentally capable of making decisions. Sign a revocation document, have it notarized, and deliver copies to your agent and any institutions that have a copy of the original power of attorney.

A revocation is a straightforward one-page document that states you are canceling the power of attorney and the date it is no longer valid. You do not need an attorney to write one; a template is available online. Sign it in front of a notary, just as you did with the original power of attorney.

If you want to change the powers rather than cancel the document entirely, you can create a new power of attorney that replaces the old one. Sign and notarize the new document, then revoke the old one in writing. This is cleaner than trying to amend the original.

Frequently Asked Questions

Does a power of attorney have to be notarized in Arkansas?

Yes. Arkansas law requires the principal (you) to sign the power of attorney in front of a notary public. The notary must verify your identity and witness your signature. Without notarization, the document is not valid.

Can I create a power of attorney online in Arkansas?

Yes. Online legal services such as LegalZoom and Nolo allow you to answer questions about your situation and read a completed power of attorney form for Arkansas. You still must print it, sign it in front of a notary, and have it notarized. The online service does not notarize for you.

What happens if my agent dies or becomes unable to act?

The power of attorney ends if your agent dies or becomes incapacitated, unless you named a successor agent in the document. When you create the power of attorney, you can name a second or third person to step in if your first choice cannot act. If you did not name a successor, you will need to create a new power of attorney with a different agent.

Can I give my agent power over my medical decisions?

Yes, but Arkansas calls this a healthcare power of attorney, and it follows slightly different rules than a financial power of attorney. The document must be signed and notarized, and your agent must be at least 18 years old. You can create both a financial and a healthcare power of attorney, naming the same person or different people for each.

What if I do not have a notary nearby?

Most banks offer notarization for free or low cost. UPS stores, FedEx locations, and some pharmacies also have notaries on staff. You can also search online for "notary public near me" to find options in your area. Some notaries offer mobile services and will come to your home for a fee.