Arkansas Elder Law Questionnaire

State:
Multi-State
Control #:
US-Q1013
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an elder law matter, such as wills, asset protection, disability planning, and more. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

Durable POA A durable POA takes effect immediately upon your signature unless the POA states otherwise and allows your agent to continue acting on your behalf even when you are incapacitated. A durable POA terminates only when you die or when a revocation of a POA form is issued.

Limited (Special) Power of Attorney Enables you to give powers to an agent for a task (such as signing paperwork), and typically ends when the task has been completed. Signing Requirements: Notary public.

(1) An advance directive, including without limitation a living will or durable power of attorney for health care, shall be either notarized or witnessed by two (2) witnesses.

The laws for PoA forms vary by state; however, in Arkansas, your Power of Attorney must be signed by a notary public. If your agent will engage in real estate transactions, the Power of Attorney will need to be signed before a notary public and recorded or filed with your county.

The best time to hire an elder law attorney is before you need one. That way, your elder law attorney can plan for upcoming events, such as before going into assisted living or losing the ability to make financial decisions.

If you are 65 or older, consulting an elder law attorney now can help you prevent that stress. An attorney can help you plan ahead for: Establishing who will make personal, financial, and medical decisions for you if you become unable to make them for yourself.

A Power of Attorney Could Leave You Vulnerable to Abuse The agent you select has a fiduciary duty to act in your best interests, but there is essentially limited or no oversight unless it becomes clear that the agent is abusing his or her authority and legal action is taken.

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Arkansas Elder Law Questionnaire