DURABLE POWER OF ATTORNEY
OF [[Principal Full Legal Name]]
I, [[Principal Full Legal Name]], of [[Principal Street Address, City, County, Arkansas ZIP Code]], born [[Principal Date of Birth]], appoint as my Attorney-in-Fact (Agent):
Primary Agent:
[[Agent Full Legal Name]]
Address: [[Agent Street Address, City, State, ZIP]]
Phone: [[Agent Phone]] | Email: [[Agent Email]]
If the Primary Agent is unable, unwilling, or unavailable to serve, I appoint the following Successor Agent(s) in the order listed:
First Successor Agent:
[[First Successor Agent Full Legal Name]]
Address: [[Address]] | Phone: [[Phone]]
Second Successor Agent:
[[Second Successor Agent Full Legal Name]]
Address: [[Address]] | Phone: [[Phone]]
This instrument is intended to be a Durable Power of Attorney under Arkansas law. My Agent's authority shall not be affected by my subsequent disability, incapacity, or incompetence.
PART 1 - EFFECTIVENESS; SCOPE
1.1 Immediate or Springing. This Power of Attorney shall become effective:
- [ ] Immediately upon execution (recommended for most planning).
- [ ] Upon a springing event: Upon written certification by a licensed physician that I am unable to manage my financial affairs due to incapacity or disability. The physician's written determination shall be conclusive for purposes of this instrument.
1.2 Durability. This Power of Attorney is durable and shall remain in full force and effect notwithstanding my later disability, incapacity, or incompetence, and shall not be affected by the lapse of time.
1.3 Revocation. I reserve the right to revoke this Power of Attorney at any time by written instrument delivered to my Agent(s). Revocation shall be effective upon delivery to the Agent and any third parties relying on this instrument who have received actual notice.
1.4 Scope. This Power of Attorney grants my Agent full power and authority to act for me and in my name, place, and stead in all matters described herein with respect to my financial, business, and property affairs. It is not intended to grant authority over health-care decisions (use a separate Health Care Proxy or Advance Directive for that purpose).
PART 2 - ENUMERATED POWERS
My Agent is authorized to do and perform any and all acts necessary or appropriate in connection with the following (the "Powers"):
2.1 Real Property. To buy, sell, exchange, lease, mortgage, manage, improve, maintain, repair, subdivide, grant easements over, or otherwise deal with any real property in which I now or hereafter have an interest, including executing deeds, leases, mortgages, deeds of trust, and closing documents; to obtain title insurance and satisfy liens.
2.2 Personal Property. To buy, sell, lease, pledge, exchange, repair, maintain, or dispose of any personal property, tangible or intangible (including vehicles, boats, equipment, household goods, art, collectibles, and digital assets).
2.3 Banking and Financial Accounts. To open, close, and maintain checking, savings, money market, brokerage, and other accounts; to make deposits and withdrawals; to write, endorse, and deposit checks; to access safe deposit boxes and remove contents; to execute wire transfers, ACH, and online banking authorizations.
2.4 Investments and Securities. To buy, sell, exchange, tender, exercise rights, vote proxies, and manage stocks, bonds, mutual funds, ETFs, options, commodities, and other securities and investment accounts; to hire and compensate investment advisors and brokers.
2.5 Retirement Accounts and Employee Benefits. To deal with IRAs, 401(k)s, pension plans, and other retirement or deferred compensation accounts, including contributions, rollovers, beneficiary designations (subject to hot powers below), distributions, and elections.
2.6 Insurance. To purchase, maintain, modify, or terminate any insurance policies (life, disability, property, liability, long-term care, etc.); to make claims, receive proceeds, and execute releases; to change beneficiaries only if expressly granted in hot powers or separately authorized.
2.7 Business Interests. To operate, manage, sell, liquidate, or wind up any business in which I have an interest (sole proprietorship, partnership, LLC membership, corporate shares, etc.); to hire and fire employees and agents; to sign contracts, tax returns, and filings.
2.8 Taxes. To prepare, sign, and file federal, state, and local tax returns and information returns; to receive refunds and pay taxes; to represent me before the IRS, Arkansas Department of Finance and Administration, and other taxing authorities; to extend deadlines and settle controversies.
2.9 Contracts and Legal Matters. To enter into, modify, or terminate contracts; to commence, defend, settle, or compromise litigation, arbitration, or administrative proceedings; to hire and pay attorneys, accountants, and other professionals.
2.10 Estate Planning and Beneficiary Changes (Hot Powers - Express Grant Required). I expressly grant my Agent the following powers, which are sometimes called "hot powers":
- To make gifts (including to the Agent) up to the annual gift tax exclusion amount (or such greater amount as I may separately authorize in writing), consistent with my estate plan;
- To create, amend, or revoke trusts (revocable living trusts or others) for my benefit or for the benefit of my spouse, descendants, or other intended beneficiaries;
- To change beneficiary designations on life insurance, retirement accounts, annuities, and transfer-on-death accounts, provided such changes are consistent with my known estate planning objectives;
- To disclaim or renounce any interest in property or inheritance on my behalf when beneficial.
2.11 Digital Assets. To access, manage, control, close, or transfer my digital assets (email, social media, cloud accounts, cryptocurrency wallets, domain names, digital photographs, etc.) to the fullest extent permitted by the Arkansas Revised Uniform Fiduciary Access to Digital Assets Act and applicable terms of service.
2.12 Safe Deposit Boxes and Personal Effects. To open, close, and access safe deposit boxes; to take possession of and dispose of personal effects and documents.
2.13 Government Benefits. To apply for, receive, and manage Social Security, Medicare, Medicaid, veterans' benefits, unemployment, and other government benefits or entitlements.
2.14 General Authority. To do any other act or thing not specifically listed that is necessary or appropriate to accomplish the purposes of this Power of Attorney, including executing any document, instrument, or agreement in my name.
PART 3 - AGENT'S DUTIES AND STANDARD OF CARE
3.1 Fiduciary Duty. My Agent shall act as a fiduciary and in my best interest. The Agent shall:
- Act loyally and in good faith for my benefit;
- Avoid conflicts of interest unless disclosed and consented to;
- Keep my property separate from the Agent's property;
- Maintain accurate records of all transactions;
- Provide an accounting to me or my legal representative upon request;
- Not make gifts or self-dealing transactions beyond those expressly authorized.
3.2 Compensation and Reimbursement. My Agent may receive reasonable compensation for services and shall be reimbursed for reasonable out-of-pocket expenses incurred in exercising authority under this instrument.
3.3 Third-Party Reliance. Any third party (bank, broker, title company, government agency, etc.) may rely upon this Power of Attorney and the Agent's authority without further inquiry once presented with an original or certified copy, unless the third party has received actual written notice of revocation or termination.
PART 4 - REVOCATION; TERMINATION; SUCCESSION
This Power of Attorney shall terminate upon:
- My written revocation delivered to the Agent and affected third parties;
- My death (authority ceases at death; use a will or trust for post-death authority);
- A court order terminating the agency;
- The Agent's resignation (upon written notice to me or my guardian), incapacity, or death (successor Agent then serves).
If no Agent or successor is able or willing to serve, this instrument shall terminate and I (or my guardian or personal representative) may appoint a new Agent by separate instrument.
PART 5 - EXECUTION AND ACKNOWLEDGMENT
I have read this instrument (or it has been read to me) and I understand its contents. I sign it voluntarily as my Durable Power of Attorney.
Executed this [[Date]] at [[City]], Arkansas.
_______________________________________________
[[Principal Full Legal Name]]
Principal
WITNESS ACKNOWLEDGMENT (if required or elected)
We, the undersigned witnesses, declare that the Principal signed this instrument in our presence, appeared to be of sound mind and under no duress, and that we signed as witnesses at the Principal's request.
Witness 1:
Signature: _______________________________________________
Printed Name: [[Witness 1 Name]]
Address: [[Witness 1 Address]]
Witness 2:
Signature: _______________________________________________
Printed Name: [[Witness 2 Name]]
Address: [[Witness 2 Address]]
NOTARY ACKNOWLEDGMENT
State of Arkansas
County of [[County]]
On this [[Date]], before me personally appeared [[Principal Full Legal Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that the Principal executed the same for the purposes therein stated.
_______________________________________________
Notary Public
My commission expires: [[Date]]
(Seal)
IMPORTANT NOTICE TO PRINCIPAL AND AGENT
This is a legal document that grants your Agent broad powers over your property and finances. The powers granted include authority to sell your home, withdraw funds from accounts, change beneficiary designations (if hot powers granted), create trusts, and make gifts. Carefully review the scope and limitations. Consider consulting an Arkansas-licensed attorney before signing. You may limit or expand powers by striking through or adding specific provisions.
Your Agent has a fiduciary duty to act in your best interest and keep accurate records. You retain the right to revoke this Power of Attorney at any time while you have capacity.
A copy of this executed instrument should be provided to your Agent, financial institutions, and other relevant parties. Keep the original in a safe but accessible location.
> Template - not professional advice. Verify execution requirements, durability language, and scope against current Arkansas statutes. This is a sample only. Powers of attorney are powerful legal instruments. Consult a qualified Arkansas attorney. Laws and recommended forms change.
Primary Sources (as of 2026-06):
- Arkansas Code Annotated provisions governing powers of attorney (durable powers, fiduciary duties, and third-party protections, generally within Title 28 or related fiduciary chapters).
- Arkansas adoption or application of Uniform Power of Attorney principles and case law regarding durability and hot powers.
- Arkansas Revised Uniform Fiduciary Access to Digital Assets Act.
Execution typically requires the principal's signature, often notarization, and in some contexts witnesses for enhanced protection. Update or replace this document upon major life changes. A separate health-care power of attorney or advance directive is recommended for medical decisions.
