Finalizing a Declaration and a Durable Power of Attorney for Health Care in Arkansas

In Arkansas, you must have both your living will and your health care power of attorney signed by two witnesses.

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In Arkansas, your health care directive will include one or two documents:

  • a Living Will if you leave instructions for your health care, and/or
  • a Durable Power of Attorney for Healthcare if you choose to name an agent to make health care decisions on your behalf.

After you create your documents, you must sign them and then have them either witnessed or notarized.  If you choose to have your document witnessed, your witnesses must be at least 18 years old.  In addition, one of your witnesses may not be related to you by blood, marriage, or adoption, or entitled to any part of your estate under your will or by operation of law. 

If you grant your agent power to direct your burial or cremation, your power of attorney for health care must be signed by two witnesses. (Notarization will not be enough to make your wishes legal.)

After you sign your documents and have them either witnessed or notarized,  they are legally valid. Keep the originals in your files and give a copy of each document to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. So, you might also consider giving copies of your health care directive to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your documents every few years to make sure that they still reflect your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your health care agent is no longer able to supervise your wishes.

Your properly finalized documents will stay in effect until you revoke them, if you ever choose to do so. You can revoke your documents at any time. The best way to revoke your documents is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your health care documents that you have revoked them.

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about Arkansas Living Wills and Durable Powers of Attorney for Health Care.

When you make a health care directive with Quicken WillMaker Plus, it will conform to all of Arkansas’s laws for living wills and durable powers of attorney for health care.  And it will print with plain English instructions that detail how to make it legal. 

by: , Attorney

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