Arkansas has adopted the Uniform Durable Power of Attorney Act (“Act”). The Act is stated in Arkansas Code, Title 28, Subtitle 5, Chapter 68, Subchapter 2 (Durable Power of Attorney). A power of attorney (“POA”) is a legal instrument that authorizes another person to act on behalf of the person authorizing. The person who executes the POA is called the principal, and the person who is authorized to act on behalf of the principal is called an Agent or Attorney-in-Fact. A durable POA is an instrument that specifically state that the POA continues in effect even if the principal is subsequently disabled or incapacitated.
According to Section 28-68-202, all acts by the agent on behalf of the principal when the principal is incapacitated will have the same effect as if the principal was not incapacitated and will binds the principal and successors. However, if a court appoints a guardian, conservator or fiduciary (jointly “conservator”) the agent will be answerable to the conservator as if to the principal. The conservator has the power to amend or revoke the POA like the principal. The principal’s death does not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s death, and the agent’s actions will bind the principal’s successors.
Generally, a POA is revoked:
through writing by the principal,
by the principal’s death,
by reaching the termination date specified in the POA,
on appointment of guardian by a court, or
by judicial determination.
According to Section 28-68-307, the original POA should be filed at the circuit court in the principal’s domicile county. Also, a certified copy of the POA should be filed at the office of recorder at the county where the real property is situated.