Updated September 3, 2026. Quick answer: Signed by the principal, or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name (Ark. Code Ann. § 28-68-105). No witnesses required under current law (a pre-2012 two-witness alternative was repealed by Act 805 of 2011). A signature is presumed genuine if acknowledged before a notary, and acknowledgment is required for “acknowledged” status triggering mandatory acceptance. Durability is the DEFAULT. Ark. Code Ann. § 28-68-104: “A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.” No affirmative “durable” language is needed..
Putting a loan in writing? The interest limit, the signing rules and the time limit to sue, from the state’s own statutes: Arkansas promissory note.
| Execution | Signed by the principal, or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name (Ark. Code Ann. § 28-68-105). No witnesses required under current law (a pre-2012 two-witness alternative was repealed by Act 805 of 2011). A signature is presumed genuine if acknowledged before a notary, and acknowledgment is required for “acknowledged” status triggering mandatory acceptance. |
| Statutory form | Yes: Ark. Code Ann. § 28-68-301, “Statutory form power of attorney,” provides the “Arkansas Statutory Form Power of Attorney”; § 28-68-302 provides a companion “Agent’s Certification” form. |
| Durability | Durability is the DEFAULT. Ark. Code Ann. § 28-68-104: “A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.” No affirmative “durable” language is needed. |
| Who may not witness | No witness requirement under current law, so no witness-disqualification list applies. |
| Agent must accept in writing | No |
| Authority | Ark. Code Ann. Title 28, Subtitle 5, Chapter 68, “Uniform Power of Attorney Act,” §§ 28-68-101 et seq. Enacted by Act 805 of 2011, effective Jan. 1, 2012. |
Arkansas power of attorney form: what the statute says
Each line is quoted from the Arkansas statute itself. Arkansas text is the enacting statute, Act 805 of 2011, as published by the General Assembly.
- Execution. Ark. Code 28-68-105 (as enacted by Act 805 of 2011, SB 887): “A power of attorney must be signed by the principal…”
- Witnesses. The execution section above prints no witness requirement.
- Statutory form. Ark. Code 28-68-301 (Act 805 of 2011): “A document substantially in the following form may be used…”
Settling the estate is a separate cost: Arkansas Probate Cost 2026.
What decides whether the document is valid
Signed by the principal, or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name (Ark. Code Ann. § 28-68-105). No witnesses required under current law (a pre-2012 two-witness alternative was repealed by Act 805 of 2011). A signature is presumed genuine if acknowledged before a notary, and acknowledgment is required for “acknowledged” status triggering mandatory acceptance. Get this wrong and the document is not merely weak: it may be void, and you will find out at the moment somebody needs to use it.
The statutory form
Yes: Ark. Code Ann. § 28-68-301, “Statutory form power of attorney,” provides the “Arkansas Statutory Form Power of Attorney”; § 28-68-302 provides a companion “Agent’s Certification” form.
If the free form does not fit your situation
This state puts a form in its statute but does not publish a free filled-in copy, so you are transcribing statutory text either way. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. For a complex estate or a likely family dispute, a lawyer is the better route.
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Durability: the point most people get wrong
Durability is the DEFAULT. Ark. Code Ann. § 28-68-104: “A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.” No affirmative “durable” language is needed. This is one of the most consequential drafting points in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Arkansas addresses this: Yes: Ark. Code Ann. § 28-68-120 (paired with § 28-68-119). Must accept an acknowledged statutory-form POA, or request certification/translation/opinion, within 7 business days; if requested, must accept within 5 business days of receiving it. Wrongful refusal is subject to a court order compelling acceptance and liability for reasonable attorney’s fees and costs.
What the form does not solve
- Social Security will not accept it. No power of attorney works there: a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing: how to choose when there is no obvious person.
All 51 jurisdictions compared.
Also for Arkansas: How Much Does a Will Cost in Arkansas?.
General information drawn from state statute, not legal advice. Powers of attorney are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.