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One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
An Arkansas durable statutory power of attorney form allows a principal to nominate a spouse or trusted relative (agent) to handle their financials during their lifetime. The term durable means the principals incapacity will not void the agents powers.
The original POA should be filed at the circuit court in the principals domicile county. Also, a certified copy of the POA should be filed at the office of recorder at the county where the real property is situated.
A durable power of attorney is one that stays in effect when the principal becomes incapacitated. So, if you have a durable power of attorney and become incapacitated, it stays in effect. If it is not durable and you become incapacitated, it ends.
While Arkansas does not technically require you to get your POA docHubd, notarization is very strongly recommended. Under Arkansas law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuinemeaning your POA is more ironclad.
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What Are the Legal Requirements of a Financial POA in Arkansas? Mental Capacity for Creating a POA. Notarization Requirement. Create the POA Using a Statutory Form, Software, or Attorney. Sign the POA in the Presence of a Notary Public. Store the Original POA in a Safe Place. Give a Copy to Your Agent or Attorney-in-Fact.
The laws for PoA forms vary by state; however, in Arkansas, your Power of Attorney must be signed by a notary public. If your agent will engage in real estate transactions, the Power of Attorney will need to be signed before a notary public and recorded or filed with your county.
A power of attorney can end for the following reasons: if the agent or principal dies. if the sole agent resigns. if the principal and agent are married to each other and either person files for divorce or separation.
Your Rights: You retain full control over your affairs, even after you have signed a durable power of attorney. You can allow your agent to act or not at your discretion. You can also revoke the power of attorney at any time and for any reason.
A power of attorney is a legal way to have one person act on behalf of another. The power of attorney document gives someone the authority to act on your behalf on matters you list in the document. The power can be specific to a certain task or cover many duties, including financial and medical.

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