Arkansas Code Title 28, Subtitle 5, Chapter 68, Subchapter 1 - General Provisions
- § 28-68-101 - Short Title.
This chapter shall be known and may be cited as the Uniform Power of Attorney Act.
- § 28-68-102 - Definitions.
In this chapter: (1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent,...
- § 28-68-103 - Applicability.
This chapter applies to all powers of attorney except: (1) a power to the extent it is coupled with an interest in the subject...
- § 28-68-104 - Power of Attorney is Durable.
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
- § 28-68-105 - Execution of Power of Attorney.
A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to...
- § 28-68-106 - Validity of Power of Attorney.
(a) A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with § 28-68-105.(b)...
- § 28-68-107 - Meaning and Effect of Power of Attorney.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and,...
- § 28-68-108 - Nomination of Guardian -- Relation of Agent to Court-Appointed Fiduciary.
(a) In a power of attorney, a principal may nominate a guardian of the principal's estate or guardian of the principal's person for consideration...
- § 28-68-109 - When Power of Attorney Effective.
(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a...
- § 28-68-110 - Termination of Power of Attorney or Agent's Authority.
(a) A power of attorney terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power of attorney is not durable;...
- § 28-68-111 - Coagents and Successor Agents.
(a) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise...
- § 28-68-112 - Reimbursement and Compensation of Agent.
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to...
- § 28-68-113 - Agent's Acceptance.
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority...
- § 28-68-114 - Agent's Duties.
(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable expectations...
- § 28-68-115 - Exoneration of Agent.
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's...
- § 28-68-116 - Judicial Relief.
(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief: (1)...
- § 28-68-117 - Agent's Liability.
An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to: (1) restore...
- § 28-68-118 - Agent's Resignation -- Notice.
Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and,...
- § 28-68-119 - Acceptance of and Reliance Upon Acknowledged Power of Attorney.
(a) For purposes of this section and § 28-68-120, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements.(b)...
- § 28-68-120 - Liability for Refusal to Accept Acknowledged Statutory Form Power of Attorney.
(a) In this section, "statutory form power of attorney" means a power of attorney substantially in the form provided in § 28-68-301 or that...
- § 28-68-121 - Principles of Law and Equity.
Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
- § 28-68-122 - Laws Applicable to Financial Institutions and Entities.
This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this
- § 28-68-123 - Remedies Under Other Law.
The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than...
Last modified: November 15, 2016