A Power of Attorney (POA) is a legal document that allows you (the principal) to appoint someone else (the agent) to manage your affairs if you’re unable to do so yourself. This could be due to illness, absence, or any other reason preventing you from managing your affairs.

The Arkansas Statutory Power of Attorney form is a specific type of POA used in Arkansas.

This form is necessary for several reasons.

Firstly, it legally recognizes the person you’ve chosen to manage your affairs. This means they’ll be able to make decisions and act on your behalf without legal obstacles.

Secondly, it protects all parties involved. It ensures that your affairs will be managed according to your wishes.

For your agent, it provides clear guidelines about their responsibilities and the extent of their authority. And for third parties (like banks and other institutions), it assures that the agent is acting with your consent.

 

Designation Of Agent

 

This section is where you identify the person who will be acting on your behalf, known as the agent.

 

Step 1: Name of Principal

 

Here, you’ll write your full legal name. This is crucial because it establishes you as the individual granting authority to another person.

For instance, if your name is John Doe, you would fill in “John Doe”.

 

Step 2: Name of Agent

 

In this field, you’ll write the full legal name of the person you’re granting authority to. This person, your agent, will have the power to make decisions about your property. It’s important to choose someone you trust implicitly.

For example, if you’re appointing your sister, Jane Doe, you would write “Jane Doe”.

 

Step 3: Agent’s Address

 

Here, you’ll write the full residential address of your agent. This is important for legal and communication purposes.

For instance, if Jane Doe lives at 123 Main St, Little Rock, AR 72201, that’s what you’ll write.

 

Step 4: Agent’s Telephone Number

 

This is where you’ll write the agent’s primary contact number. This ensures that the agent can be reached if necessary.

For example, if Jane Doe’s phone number is (501) 555-0123, that’s what you’ll enter.

 

Designation Of Successor Agent(S) 

 

This section is for identifying a backup agent, in case your first choice can’t or won’t act on your behalf.

 

Step 1: Name of Successor Agent

 

If your first-choice agent cannot act for you, this person will take over. Again, choose someone you trust.

For example, if you want your brother, Jim Doe, to be your successor agent, you would write “Jim Doe”.

 

Step 2: Successor Agent’s Address

 

Write the full residential address of your successor agent here. This is important for the same reasons as above.

For instance, if Jim Doe lives at 456 Elm St, Little Rock, AR 72201, that’s what you’ll write.

 

Step 3: Successor Agent’s Telephone Number

 

This is where you’ll write the successor agent’s primary contact number. This ensures that the successor agent can be reached if necessary.

For example, if Jim Doe’s phone number is (501) 555-0456, that’s what you’ll enter.

 

Designation Of Second Successor Agent(S)

 

This section is for identifying a second backup agent in case your first and second choices can’t or won’t act on your behalf.

 

Step 1: Name of Second Successor Agent

 

This is where you write the full legal name of your second choice for a backup agent.

This person will step in if both your primary agent and first successor agent can or unwillingly act on your behalf. It’s crucial to choose someone you trust implicitly.

For example, if you want your friend, Sarah Smith, to be your second successor agent, you would write “Sarah Smith”.

 

Step 2: Second Successor Agent’s Address

 

Here, you’ll write the full residential address of your second successor agent. This is important for legal and communication purposes.

For instance, if Sarah Smith lives at 789 Oak St, Little Rock, AR 72201, that’s what you’ll write.

 

Step 3: Second Successor Agent’s Telephone Number

 

This is where you’ll write the second successor agent’s primary contact number. This ensures that the second successor agent can be reached if necessary.

For example, if Sarah Smith’s phone number is (501) 555-0789, that’s what you’ll enter.

 

Step 4: Grant Of General Authority

 

In this section, you specify the areas in which your agent will have the power to make decisions on your behalf.

Here, you’ll initial next to each subject where you want to grant your agent general authority. These subjects range from real property and tangible personal property to retirement plans and taxes.

By initialing next to a subject, you’re giving your agent the power to make decisions and act on your behalf in that area.

For example, if you want your agent to have authority over your real property and your retirement plans, you would initial next to “Real Property” and “Retirement Plans”.

 

Step 5: Grant Of Specific Authority 

 

This section is where you can grant your agent specific powers that they wouldn’t otherwise have.

Here, you’ll initial next to each specific act that you want to grant your agent the authority to perform.

These acts include creating, amending, revoking, or terminating an inter vivos trust, making a gift, creating or changing rights of survivorship, and more.

For example, if you want your agent to have the authority to make a gift and create or change a beneficiary designation, you would initial next to those specific acts.

 

Step 6: Special Instructions 

 

This section allows you to provide any special instructions for your agent.

Here, you can provide any additional instructions or specifications that you want your agent to follow.

This could include anything from specific tasks you want them to undertake, to limitations on their power that weren’t covered in the previous sections.

For example, you might write, “My agent is not authorized to sell my primary residence.”

 

 

Nomination Of Guardian


This section allows you to nominate a guardian for your estate and person, in case it becomes necessary for a court to appoint one.

 

Step 1: Name of Nominee for guardian of my estate

 

Here, you’ll write the full legal name of the person you’re nominating as the guardian of your estate. This person would manage your property and financial affairs if a court determines that you’re unable to do so yourself.

For example, if you want your friend, Sarah Smith, to be the guardian of your estate, you would write “Sarah Smith”.

 

Step 2: Nominee’s Address

 

Here, you’ll write the full residential address of your nominee for guardian of your estate.

For instance, if Sarah Smith lives at 789 Oak St, Little Rock, AR 72201, that’s what you’ll write.

 

 

Step 3: Nominee’s Telephone Number

 

This is where you’ll write the nominee’s primary contact number.

For example, if Sarah Smith’s phone number is (501) 555-0789, that’s what you’ll enter.

 

Signature And Acknowledgment

This section is where you, the principal, sign the document, and a notary public acknowledges your signature. This is a crucial part of the form as it validates the document.

 

Step 1: Your Signature

 

Here, you’ll sign your name to confirm that you understand and agree to the terms of the power of attorney.

Your signature turns the document from a simple piece of paper into a legally binding agreement.

 

Step 2: Date

This is where you’ll write the date you signed the document.

 

This is important as it can affect when certain parts of the agreement come into effect and can also be used to resolve any disputes that might arise about when the document was signed.

 

Step 3: Your Name Printed

 

Here, you’ll print your name. This is to ensure that your name is legible and there’s no confusion about who the principal is.

 

Step 4: Your Address

 

Here, you’ll write your full residential address. This is important for legal and communication purposes.

 

Step 5: Your Telephone Number

 

This is where you’ll write your primary contact number. This ensures that you can be reached if necessary.

 

Step 6: State of

 

Here, you’ll write the state where you’re signing the document. This is important because different states have different laws regarding powers of attorney.

 

Step 7: County of

 

Here, you’ll write the county where you’re signing the document. This is often used to determine the jurisdiction for any legal proceedings that might arise from the document.

 

Step 8: This document was acknowledged before me on

 

This is where the notary public will write the date they watched you sign the document. This is a crucial part of the process as it verifies that you signed the document willingly and were of sound mind when you did so.

 

Step 9: Name of Principal

 

Here, the notary public will write your name to confirm that they watched you sign the document.

 

Step 10: Signature of Notary

 

The notary public will sign here to confirm that they verified your identity and watched you sign the document.

 

Step 11: My commission expires

 

The notary public will write the date their commission expires. This is to ensure that the notary public was authorized to notarize documents at the time they acknowledged your signature.

 

Conclusion

 

In conclusion, the Arkansas Statutory Power of Attorney form is a crucial legal document that allows you to appoint someone else to manage your affairs.

It’s important to fill out each field accurately and completely, as any errors or omissions could potentially invalidate the power of attorney. If you have any doubts or questions about this form, you should seek legal advice.

Remember, a Power of Attorney is a powerful document. The person you appoint will have the authority to make important decisions on your behalf, so choose wisely.

And always ensure that the document is completed correctly and in accordance with your state’s laws.