An Arkansas Durable Power of Attorney Form is an extremely heavy-duty example of a Power of Attorney form. In this kind of agreement, the Attorney-in-Fact retains their Power of Attorney even if the Principal is incapacitated or dies. Although this is different from a Medical Power of Attorney form, there is often some overlap, as the Attorney-in-Fact will often be charged with managing the Principal’s financial responsibilities during the incapacitation, or with planning and arranging for a funeral, in the event of the Principal’s death.
In Arkansas, it is even more difficult than usual to end a Durable Power of Attorney form. Unlike most states, a Durable Power of Attorney does not terminate if the Attorney-in-Fact is the Principal’s spouse and they get divorced. It can only be terminated by a Court revoking it, the Principal revoking it or if the Attorney-in-Fact is unavailable and the Agreement does not specify an alternative Attorney-in-Fact.