Power of Attorney and Health Care – General – Arkansas
Related Arkansas Legal Forms
28-68-101-28-68-406: Arkansas Uniform Power of Attorney Act
Arkansas has adopted the Uniform Power of Attorney Act.
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
28-68-106: Validity of power of attorney
(a) A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with § 28-68-105.
(b) A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time of execution.
(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 28-68-107; or
(2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as it existed on January 1, 2011.
(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
28-68-107: Filing of power
(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(1) a physician or licensed psychologist that the principal is incapacitated within the meaning of § 28-68-102(5)(A); or
(2) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of § 28-68-102(5)(B).
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as it existed on January 1, 2011, and applicable regulations, to obtain access to the principal’s health-care information and communicate with the principal’s health-care provider.
28-68-301: Statutory Power of Attorney
A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter.