The durable (or health care) power of attorney is a legally binding document granting a trusted individual the authority to make important health care and end-of-life decisions on your behalf if you are unable to do so. The designated individual, or "agent," can consent to your medical procedures or even request removal from artificial life support if your living will states this preference. The durable power of attorney must be written and signed while you are still of sound mind, although it is used once you lack capacity to consent (such as being unconscious or suffering from dementia).
Arkansas Durable Power of Attorney Laws at a Glance
Under Arkansas law, a durable power of attorney specifically grants the health care agent the authority to decline any medical intervention that only prolongs the dying process or maintains a permanent state of unconsciousness.
The following chart provides additional details of Arkansas durable power of attorney law. See The Power of Attorney, Living Will, and Your Health Care for a summary.
| Code Section | 20-17-201, et seq. Arkansas Rights of the Terminally Ill & Permanently Unconscious Act |
| Specific Powers, Life-Prolonging Acts | Any medical procedure or intervention that will serve only to prolong the dying process or to maintain the patient in a condition of permanent unconsciousness |
| Legal Requirements for Durable Power of Attorney | The declaration may appoint a health care proxy who is at least 18 yrs. old as attorney-in-fact to make health care decisions including withholding or withdrawing of life-sustaining treatment |
| Revocation of Durable Power of Attorney | Revocable at any time in any manner by the declarant without regard to declarant's mental/physical condition. Effective upon communication to attending physician |
| Validity from State-to-State | A declaration executed in another state in compliance with the laws of that state or Arkansas law is validly executed |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician shall as promptly as practicable take all reasonable steps to transfer care to another physician |
| Immunity for Attending Physician | Physician whose actions under this chapter are in accord with reasonable medical standards is not subject to criminal, civil, or professional liability with respect to them |
Note: State laws are always subject to change. While we strive to ensure the accuracy of our state law pages, you may also want to contact an Arkansas estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
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