Updated August 3, 2026. Quick answer: Arkansas calls this instrument declaration, health care proxy. To execute it you need 2 witnesses — and the state requires witnesses OR a notary — either one. Getting that conjunction wrong is the most common way a directive fails when it is needed.
Source note. The statute text below comes from a codified reproduction of the state code rather than the state’s own site, because the official host could not be reached. The section number and wording are the state’s; confirm against your state’s own publication before executing.
The execution box
| What the state calls it | declaration, health care proxy |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | witnesses OR a notary — either one |
| Who may NOT witness | A witness may not be named as health care proxy in the document, may not be related to the patient by blood, marriage, or adoption, and may not be entitled to any portion of the patient’s estate under an existing will, codicil, or by operation of law. |
| If you are in a care facility | No special rule found in the text we read |
| Authority | Ark. Code Ann. § 20-17-202 |
What the statute says
witnessed by two (2) individuals … [or, on or after July 1, 2017,] notarized
— Ark. Code Ann. § 20-17-202
The form
We did not find an official state form. That does not mean none exists. A directive does not require a state form to be valid, provided it is executed as the statute requires.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Sourced via a third-party source mirror, not Arkansas’s official .gov code site (arkleg.state.ar.us statute browser is JS-driven and was not reachable as static content). Arkansas amended this section effective July 1, 2017 to allow notarization without witnesses; exact current subsection breakdown not independently confirmed against an official source. Statutory form existence not verified either way.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.