An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This Affidavit form is used when a question arises as to whether a principal was alive, and competent at the time a power of attorney was signed.
Arkansas Affidavit As to Principal's Competence At Time of Granting Power of Attorney
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US-OG-002
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How to fill out Affidavit As To Principal's Competence At Time Of Granting Power Of Attorney?
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FAQ
A power of attorney allows your agent to act on your behalf with another party. Now that party might ask the agent to prove that you have given him the authority. This can be done by showing an affidavit made by your agent where he states that he is your agent and that you have given him the power of attorney.
The Act doesn't require a power of attorney to be notarized, but a court will presume the signature to be genuine if it is acknowledged before a Notary or an officer authorized to take acknowledgments.
If you're aged 18 or older and have the mental ability to make financial, property and medical decisions for yourself, you can arrange for someone else to make these decisions for you in the future. This legal authority is called "lasting power of attorney".
The Act doesn't require a power of attorney to be notarized, but a court will presume the signature to be genuine if it is acknowledged before a Notary or an officer authorized to take acknowledgments.
As there are no prescribed forms that exist in our law when drafting a Power of Attorney, this document should be drawn up with the utmost care and diligence to protect both principle and agent.
How to Get Power of Attorney in ArkansasThe Arkansas POA document must list the: full contact information and signature of the principal. name and contact information of the agent(s) date the agreement is made. powers granted.A notary public must be present and acknowledge the principal's signature.
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.
