Ark. Code Ann. § 28-68-109

When power of attorney effective

Known as the Uniform Power of Attorney Act

The act spans §§ 28–28 (49 sections).

Applied in 1 court decision — leading case 2021 Ark. App. 379 - Progressive Eldercare Services - Morrilton, Inc., D/B/A/ Brookridge Cove Rehabilitation and Care Center; Progressive Eldercare Services, Inc.; Jej Investments, LLC; Ponthie Holdings, LLC; Procare Therapy Services, LLC; Southern Administrative Services, LLC; Professional Nursing Solutions, LLC; Careplus Staffing Services, LLC; Ross Ponthie; John Ponthie; And Bobbi Helton, in Her Capacity as Administrator of Brookridge Cove Rehabilitation and Care Center v. Nancy Taylor, as Special Administrator of the Estate of Virginia Rankin, and on Behalf of the Wrongful Death Beneficiaries of Virginia Rankin (2021)

Most recently applied in 2021 Ark. App. 379 - Progressive Eldercare Services - Morrilton, Inc., D/B/A/ Brookridge Cove Rehabilitation and Care Center; Progressive Eldercare Services, Inc.; Jej Investments, LLC; Ponthie Holdings, LLC; Procare Therapy Services, LLC; Southern Administrative Services, LLC; Professional Nursing Solutions, LLC; Careplus Staffing Services, LLC; Ross Ponthie; John Ponthie; And Bobbi Helton, in Her Capacity as Administrator of Brookridge Cove Rehabilitation and Care Center v. Nancy Taylor, as Special Administrator of the Estate of Virginia Rankin, and on Behalf of the Wrongful Death Beneficiaries of Virginia Rankin (October 2021)

Acts 2011, No. 805, § 1.

(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

(3) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by: a physician or licensed psychologist that the principal is incapacitated within the meaning of § 28-68-102(5)(A); or

(4) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of § 28-68-102(5)(B).

(5) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as it existed on January 1, 2011, and applicable regulations, to obtain access to the principal's health-care information and communicate with the principal's health-care provider.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.