 | Arkansas Limited (Special) Power of Attorney Form |
The Arkansas limited (special) power of attorney form provides an individual (the Principal) with the ability to delegate authority to another individual (the Agent) for the purpose of performing a certain obligation on their behalf. The limitations of the authority are to be specified in detail within the form and can be as simple as receiving mail or as involved as purchasing property.
A document of this nature can be designed to terminate once the task described has been accomplished, or it can limit the power of attorney to a specific time frame. It should be noted that the signature of the Principal will only be considered genuine if the principal acknowledges the signature in the presence of a Notary Public (AR Code § 28-68-105).
How To Write
Step 1 – Download the form provided and begin by reviewing all of the information on page one.
Step 2 – Delegation of Attorney(s) in Fact – This section will allow the principal to create an enforceable legal document for an Attorney in Fact to take over the financial matters of the principal, while they are incapacitated or for whatever reason may become either temporarily or permanently. Provide the following information in the blank lines provided in order to complete the document:
- Principal –
- Name of Principal
- Physical Address of Principal
- City
- State
- Attorney in Fact –
- Name of Attorney in Fact
- Physical Address of Attorney in Fact
- City
- State
- Optional Successor Attorney in Fact
- Name of Successor Attorney in Fact
- Physical Address of Successor Attorney in Fact
- City
- State
- Principal must specify a detailed description of the specific powers the Successor Attorney in Fact the principal would like to grant to a successor. Place that information into the line provided. If more room is required, add it on a titled page and add it to the document.
Step 3 – The principal must read and understand the next four paragraphs. Once reviewed, the principal must provide:
- The principal’s printed name
- The dd/mm date in which the principal is signing the section
- Principal must read the final paragraph, if in agreement, provide principal’s signature
Step 4 – The Attorney in Fact and Successor Attorney in Fact must review the document. If in agreement and accepting the appointment(s) provide:
- Attorney in Fact –
- Printed name in the first line regarding the appointment of the Attorney in Fact
- Read the remaining paragraph, if in agreement –
- Provide Attorney in Fact’s signature
- Date of the signing of the document
- AND
- Successor Attorney in Fact –
- Print the name of the Successor Attorney in Fact
- Read the remaining paragraph, if in agreement –
- Provide the signature of the Successor Attorney in Fact
- Date of the signing of the document by the Successor
Step 5 – Signatures – This section will collect all of the needed signatures, concerning the Attorney in Fact, Successor, two adult witnesses and the notary public. Prior to moving forward, you must acquire the services of a notary, inasmuch as, the notary must witness the remaining signatures. Once your notary public is present, provide the following:
- Attorney in Fact – Read the paragraph
- Enter the name of Attorney in fact
- Enter the signature of the Attorney in fact
- Enter the date that the document is being signed
- AND
- Successor Attorney in Fact – Read the paragraph
- Enter the name of the Successor Attorney in Fact
- Enter the signature of the Successor Attorney in Fact
- Enter the date the document is being signed
Step 6 – Witness Attestation (OPTIONAL) – Both witnesses must read the paragraph concerning their signatures and provide
- Witnesses names in the top two lines
- Signature of first witness
- Signature of second witness
Step 7 – Notarization – The notary public must complete the form by providing their information and affixing their seal, showing they were present for all of the needed signatures.
- The notary will then hand the document back to the principal
- Copies should be made and a copy should be provided to all who have signed the form
- Copies should be provided to the businesses with whom the principal does business so that they are properly advised as to whom they will depend on for payment or should be contacted in the event they are needed.
