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Advance Directive Arkansas

Advance Directive Arkansas

By 

Jennifer Mcgee

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Updated on  

November 22, 2022
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8 Mins

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An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed. 

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably. 

In this article, you will get a complete guide for making an Advance Directive for Healthcare in Arkansas.  

Legal Requirements for a valid Advance Directive in Arkansas

  • Written by the grantor (maker of Advance Directive): Yes
  • Grantor must be:
  • Must be above the age of 18 years: Yes
  • Sound mind and memory: Yes
  • Signed by the grantor: Yes/ by anyone on grantor’s behalf
  • Signed by Proxy/Agent: No
  • Proxy/agent accepts his role in writing: No
  • Witness required: Yes
  • Number of witnesses: 2
  • Signed by the witnesses: Yes
  • Number of documents required: 2 (Advance Directive form + Organ Donation form)
  • Other names for a Living Will in Arkansas: Declaration 
  • Other names for a Healthcare Power of attorney in Arkansas: Durable power of attorney
  • Proxy can decide on mental health issues: Yes

Who can be your witnesses in the Arkansas Advance Directive?

Anyone can be your witness in Arkansas if;

  • He is an adult i.e., above 18 years of age,
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it, and
  • If the witnesses are minor then your signature is required to be notarized.

Note: Your witnesses cannot be: 

  • Your healthcare proxy/agent,
  • A person who is related to you by blood, adoption or marriage, 
  • A person who is entitled to a share in the estate on your death,
  • A person who will be financially taking care of your medical treatment, or any person who signed the Advance Directive on your behalf. 
Advance Directive Arkansas

Who can be your Proxy in the Declaration and Durable power of Attorney?

In the state of Arkansas the Proxy/agent can be appointed in both the documents of Declaration and Durable power of Attorney. Anyone can be your Proxy/Agent in Arkansas if;

  • He is an adult i.e., above 18 years of age, and
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Other than the above legal requirements, the Proxy/Agent should be:

  • Trustable to adhere to your wishes and intentions.
  • Trustable to defend you if there’s any disagreement about your medical care.
  • He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
  •  He should not be your doctor or one of the caretakers.

The same person should be appointed as your agent/proxy in the Declaration section and Durable Power of Attorney section to avoid any confusion.

Your Proxy/Agent can be your family member or any loved one whom you not only trust but also clearly understands your wishes and instructions.

When does an Advance Directive come into effect in Arkansas?

In Arkansas, an Advance Directive doesn’t come into effect on signing the form by the grantor and witnesses. An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.

Note: Your Arkansas Advance Directive will not be effective in any medical crisis or emergency unless you become incapacitated to understand and communicate your wishes and consent.

How can an Advance Directive be revoked?

You can revoke or terminate your Alabama Advance Directive anytime by:

  • A written revocation,
  • An oral revocation, and
  • Tearing, burning, and obliterating or destroying the document in any other way.
  • Executing a new Advance Directive.

Note: An oral revocation will be effective once you (or your witness of the revocation) give a written and signed revocation to your doctor.

Learn about the requirements of Arkansas Last Will and Testament and Arkansas Last Will and Testament Template.

Arkansas rules for pregnancy after making your Advance Directive

A pregnant patient’s Arkansas Declaration will not be honored if it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment.

Documents of the Arkansas Advance Directive form

In Arkansas two documents (Advance Directive Form that includes Living Will as well as Durable power of attorney + Organ Donation Form) are required for an Advance Directive which are explained below along with samples of the documents for your reference:

Form 1: Advance Directive

Section 1: Declaration Form

You can fill this form out and provide all the details of your proxy/agent, and your decisions on when to withhold the supply of nutrients. 

Arkansas Advance Directive Sample Form

SECTION 1 : LIVING WILL


If I should either (1) have an incurable or irreversible condition that will cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment; or (2) if I should become permanently unconscious, I direct my attending physician, pursuant to the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act, to (initial only one)


1. Withhold or withdraw treatments that only prolong the process of dying and are not necessary to my comfort or to alleviate pain. 


2. Follow the instructions of _, whom I appoint as my health care agent/proxy to decide whether life-sustaining treatment should be withheld or withdrawn. 


a. It is my specific directive that nutrition may be withheld after consultation with my attending physician. 

b. It is my specific directive that hydration may be withheld after consultation with my attending physician. 

c. It is my specific directive that nutrition may not be withheld. 

d. It is my specific directive that hydration may not be withheld.

Section 2: Durable power of attorney for healthcare form

The appointment of the Healthcare Proxy/Agent and his details will be filled on page 2 along with the instructions for the Proxy/Agent to follow. 

Arkansas Advance Directive Sample Form

SECTION 2 : DURABLE POWER OF ATTORNEY 


I, , hereby (your name) appoint: 

(name, home address and telephone number of agent/proxy) 

as my health care agent/proxy to make any and all health care decisions for me, except to the extent that I state otherwise.


If the health care agent/proxy I appoint is unable, unwilling or unavailable to act as my health care agent/proxy, then I appoint: 


(name, home address and telephone number of alternate agent/proxy) 

as my alternate health care agent/proxy to make any and all health care decisions for me, except to the extent that I state otherwise. 

You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you.

On page 3 you can mention any other instruction you want to add. As you can see below.

Section 3: Verification and signatures

On page 4 you must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required. As you can see below.

Arkansas Advance Directive Sample Form

SECTION 3 : Alternative 1: WITNESSING PROCEDURE 


Signed this day of , . (day) (month) (year) Signature Address 


Statement by Witnesses  


Witness 1 (Signature) (Date) (Print name) Address 


Witness  2(Signature) (Date) (Print name) Address 

Section 4 : Notarization of Arkansas Advance Directive

Notarization of your Arkansas Advance Directive is optional. You need to notarize the Advance Directive only if you do not have any person to witness you signing the Advance Directive or the witnesses are minor. 

Arkansas Advance Directive Sample Form

SECTION 4: ALTERNATIVE 2: SIGN BEFORE A NOTARY PUBLIC


I sign my name to this Declaration and Power of Attorney for Health Care on at , . (date) (city) (state) (signature) (print name) 

State of Arkansas 

County of  

On this day of , in the year , before me, , personally appeared 


(name of notary public) 


(name of principal)

Form 2: Organ Donation 

Arkansas Advance Directive Sample Form

FORM 2 : DONATIONS OF ORGANS AT DEATH 


I do not want to make an organ or tissue donation and I do not want my attorney for health care, proxy, or other agent or family to do so. 


I have already signed a written agreement or donor card regarding organ and tissue donation with the following individual or institution: 


Name of individual/institution: 

Pursuant to Arkansas law, I hereby give, effective on my death: 

Any needed organ or parts. 

The following part or organs listed below: 

For (initial one): 


Any legally authorized purpose.

 Transplant or therapeutic purposes only. 


Declarant name: Declarant signature: _ , Date: 


The declarant voluntarily signed or directed another person to sign this writing in my presence. 


Witness Date Address 


I am a disinterested party with regard to the declarant and his or her donation and estate. The declarant voluntarily signed or directed another person to sign this writing in my presence.  

Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records. 

Be sure to talk to your agent(s), doctor(s), clergy, family and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

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Frequently Asked Questions

What is an Advance Healthcare Directive Arkansas?

An Advance Directive is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.

Does an attorney have to draft an advance directive in Arkansas?

The procedure of creating advance directives is simple, you do not require an attorney though you may choose to consult one. However, an advance directive either it is written or oral needs to be witnessed by two individuals.

Who makes medical decisions if you are incapacitated in Arkansas?

Under Arkansas law, incapacity means when a physician declares that the individual can longer give informed consent. Any person may designate someone to make health care decisions on their behalf should they become incapacitated in Arkansas.

How do I get a medical power of attorney in Arkansas?

It is the same as creating a document of Advance Directive. Firstly, choose Your Surrogate/Acting Agent, be specific on what decisions your Power of Attorney can make for you, and fill out your Arkansas Medical Power of Attorney Form. Lastly, sign your document before subscribing to witnesses and a Notary Public.

What are the 2 major challenges with advance directives?

Advance directives have limitations. For example, an older adult may not fully understand treatment options or recognize the consequences of certain choices in the future. Sometimes, people change their minds after expressing advance directives and forget to inform others.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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