Arkansas: Health Care Power of Attorney Requirements

Arkansas puts its medical power of attorney in the Arkansas Healthcare
Decisions Act, Ark. Code §§ 20-6-101 to -118, a version of the Uniform
Health-Care Decisions Act that took effect October 1, 2013. Arkansas does not
keep the agent appointment in its own separate statute the way some states do.
Instead it uses one umbrella document, an advance directive, that can hold a
living will (your treatment wishes), a durable power of attorney for health
care (the part that names an agent to decide for you), or both in a single
signed instrument (§ 20-6-102(1), (4)(A)). This page covers what it takes to
execute the agent-appointment part.

Requirements one by one

Governing law and document

The Act defines a "durable power of attorney for health care" as "a written
advance directive that identifies an agent who is authorized to make healthcare
decisions on behalf of the principal" (§ 20-6-102(4)(A)). Unlike states such as
California or Nevada, the Arkansas Act does not print an optional fill-in-the-blank
statutory form — any writing that meets the requirements below works, and a
durable power of attorney for health care signed on or after October 1, 2013 is
valid if it shows an intent to be made under the Act, or can still be honored as
an advance directive if it otherwise complies (§ 20-6-117(b), (c)).

Who can sign

"An adult, married minor, or emancipated minor may execute a durable power of
attorney for health care" (§ 20-6-103(b)(1)). That is a genuine Arkansas quirk:
most states require the signer to be a legal adult, but Arkansas also lets a
married minor or an emancipated minor sign one. The document "shall be in writing
and signed by the principal" (§ 20-6-103(b)(2)) — the Act sets out no procedure
for someone else to sign on your behalf at your direction, so plan to sign it
yourself while you can. "Capacity" means your ability "to understand the
significant benefits, risks, and alternatives to proposed health care and to make
and communicate a healthcare decision" (§ 20-6-102(3)), and you are presumed to
have it (§ 20-6-112).

Witnesses or notary

This is the core requirement, and Arkansas gives you a choice: an advance
directive "shall be either notarized or witnessed by two (2) witnesses"
(§ 20-6-103(c)(1)). You need one route or the other — a notarized signature
does not also need witnesses, and two witnesses do not also need a notary. If you
use witnesses, the document must include an attestation clause in which the
witnesses state that they meet the qualifications below (§ 20-6-103(c)(3)).

Who can't witness or serve

Two witness rules apply. First, each witness must be "a competent adult who is
not the agent." Second, "at least one (1) of the witnesses" must be someone who
is not related to you "by blood, marriage, or adoption" and who "would not be
entitled to any portion of the estate" of yours under a will or by law
(§ 20-6-103(c)(2)). In plain terms: your agent can never be one of your
witnesses, and at least one witness has to be a genuine outsider who won't
inherit from you. The other witness can be a relative or an heir.

Notably, the Act places no restriction on who may serve as your agent. It
does not bar your treating doctor, a provider's employee, or a care facility's
staff from acting as agent the way many states do — the only person-based limit
in the execution rules is the witness rule above. You are free to name anyone you
trust, though naming your own physician is uncommon in practice.

When the agent can act

By default the power springs into effect: "[u]nless otherwise specified in an
advance directive, the authority of an agent becomes effective only upon a
determination that the principal lacks capacity and ceases to be effective upon a
determination that the principal has recovered capacity" (§ 20-6-103(d)). A
licensed physician makes that capacity call (§ 20-6-103(e)(1)) and must
"[r]ecord promptly the determination in the principal's current clinical record"
and tell you and your decision-makers (§ 20-6-108). If you would rather your agent
be able to act right away, you can say so in the document — the default only
controls when the directive is silent.

Powers and limits

Your agent's authority is broad. The agent may make "a healthcare decision that
the principal could make if he or she had capacity" (§ 20-6-103(b)(1)), and a
"healthcare decision" is defined to include "consent, refusal of consent, or
withdrawal of consent to health care" (§ 20-6-102(9)) — which reaches decisions
about life-sustaining treatment. The Act does not list categorical exclusions
(such as bans on consenting to commitment, psychosurgery, or sterilization) that
some states impose on every agent. Instead, the limit is a duty: the agent "shall
make a healthcare decision in accordance with the principal's individual
instructions and other wishes to the extent known," and otherwise "in accordance
with the agent's determination of the principal's best interest," considering your
known personal values (§ 20-6-103(f)). Those decisions are "effective without
judicial approval" (§ 20-6-103(g)).

How to revoke

While you have capacity you "may revoke all or part of an advance directive ...
at any time and in any manner that communicates an intent to revoke"
(§ 20-6-104(a)) — no particular form is required. A later directive that
conflicts with an earlier one revokes the earlier one to the extent of the
conflict (§ 20-6-104(c)). Anyone — a provider, agent, guardian, or surrogate —
who learns of a revocation must pass word of it to your supervising provider and
treating institution (§ 20-6-104(d)).

Out-of-state directives

A directive you signed in another state travels well. One "executed outside of
this state shall be given effect in this state if, at the time of execution, the
advance directive complies with either this subchapter or the laws of the state
in which the advance directive was executed" (§ 20-6-103(h)) — so it is enough
that it was valid where and when you made it.

What trips people up

• At least one witness must be a true outsider. Arkansas lets you use two
  witnesses instead of a notary, but you can't just grab two relatives. At least
  one witness must be unrelated to you by blood, marriage, or adoption and not in
  line to inherit from you (§ 20-6-103(c)(2)). The witnessed document also has to
  carry an attestation clause saying the witnesses qualify — a form that omits it
  is defective.
• By default it only kicks in if you lose capacity. Arkansas is a
  springing-by-default state: unless your document says otherwise, your agent
  cannot act until a licensed physician determines you lack capacity and records
  it in your chart (§§ 20-6-103(d), 20-6-108). If you want your agent to be able
  to act immediately, you must write that into the document.
• Divorce cancels a spouse-agent. A decree of annulment, divorce, dissolution
  of marriage, or even legal separation "revokes a previous designation of a
  spouse as agent" unless the decree or the directive says otherwise
  (§ 20-6-104(b)) — so an old directive naming an ex-spouse no longer empowers
  them once the decree is entered.

Common questions

Does an Arkansas health care power of attorney have to be notarized?
No. You can either have it notarized or have two qualifying witnesses sign it
(§ 20-6-103(c)(1)). Either one is enough on its own.

Can my spouse or child be a witness?
One of them can — but not both. At least one of your two witnesses must be
unrelated to you and not someone who would inherit from you (§ 20-6-103(c)(2)),
and your named agent can never be a witness.

Can I name my doctor as my health care agent?
Yes. Unlike many states, the Arkansas Act sets no bar on who may serve as agent
(§ 20-6-103(b)(1)). It is still unusual to name a treating provider, but the
statute does not forbid it.

When does my agent's authority begin?
Only after a licensed physician determines you lack capacity, unless your
document says it takes effect immediately (§ 20-6-103(d)).

Statutes and sources

• Ark. Code § 20-6-101 — names the Arkansas Healthcare Decisions Act.
  https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-6-101/ (accessed 2026-07-16)
• Ark. Code § 20-6-102 — definitions: advance directive, agent, capacity,
  durable power of attorney for health care, healthcare decision.
  https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-6-102/ (accessed 2026-07-16)
• Ark. Code § 20-6-103 — execution: who may sign, writing/signature, notary
  or two witnesses, disinterested-witness rule, attestation clause, springing
  effect, physician capacity determination, agent's decision standard, and
  out-of-state recognition.
  https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-6-103/ (accessed 2026-07-16)
• Ark. Code § 20-6-104 — revocation, and divorce/annulment/separation
  revoking a spouse-agent.
  https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-6-104/ (accessed 2026-07-16)
• Ark. Code § 20-6-108 — physician must record and communicate a capacity
  determination.
  https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-6-108/ (accessed 2026-07-16)
• Ark. Code § 20-6-117 — validity of a durable power of attorney for health
  care entered into on or after October 1, 2013.
  https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-6-117/ (accessed 2026-07-16)