Arkansas Affidavit as to Principal's Competence at Time of Granting Power of Attorney
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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 and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
The specific rules and restrictions vary by state; however, in Arkansas, your Power of Attorney must be acknowledged by a notary public or signed by two witnesses. At least one witness to this PoA must be someone who is not a relative, spouse, adoptee, heir, or any other beneficiary.
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. Amends Title 28, Chapter 68, of the Arkansas Code.
Notarization Requirement While Arkansas does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Arkansas law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuine?meaning your POA is more ironclad.
An Arkansas durable statutory power of attorney form allows a principal to nominate a spouse or trusted relative (?agent?) to handle their financials during their lifetime. The term ?durable? means the principal's incapacity will not void the agent's powers.
