A power of attorney is a document that lets someone you trust act on your behalf — handle the bank, deal with paperwork, or make medical decisions — if you ever can't do it yourself. In Arkansas, having a durable power of attorney set up ahead of time is one of the simplest, cheapest ways to protect yourself and your family, and it can head off a costly court guardianship down the road. Here's what you need to know.
What a power of attorney actually does
Think of it as giving a trusted person permission to help you — not to take over. With a power of attorney in place, someone you choose (an adult child, a spouse, a sibling, a close friend) can step in and take care of things when you're not able to: run to the bank when there's a problem, pull your medical records, or deal with that lender in a faraway state.
One important point people get wrong: this is not a guardianship. A power of attorney doesn't put anyone "in charge" of you or take away your independence. You stay in control. It simply means that when you need help, someone you trust can give it — without a judge getting involved.
Why "durable" is the word that matters
Not all powers of attorney are created equal. The kind you want in Arkansas is a durable power of attorney — one written to survive incompetency. That's the whole point: if you were to become seriously ill or unable to make decisions, a durable power of attorney keeps working, so the person you chose can keep making decisions for you, including medical ones. A power of attorney without that durable language can stop working at the exact moment you need it most.
How it saves your family from a costly guardianship
Here's the situation we see far too often. A parent's health declines, they can no longer make decisions, and there's no power of attorney in place. Now the family has no choice but to go to court and file an emergency guardianship — which means a doctor's letter, multiple hearings, and often tens of thousands of dollars.
Compare that to setting up a durable power of attorney ahead of time, which typically costs a few hundred dollars. As we like to put it: we'd much rather have you pay hundreds of dollars now than tens of thousands later. Setting this up early, before there's ever a crisis, is one of the smartest and kindest things you can do for the people who'd have to step in for you.
Don't just grab one online
It's tempting to download a free form off the internet, but be careful — those generic forms are often written for another state's laws. You want a power of attorney built for Arkansas, with the right durable language and the right powers, so it actually holds up when your family needs to use it. This is exactly the kind of thing that's worth a short sit-down with a local attorney to get right.
Who needs one? (Hint: probably you)
Honestly, just about every adult should have a durable power of attorney — but it becomes especially important as you get older. A good rule of thumb: once you're over 60, you need to give someone you trust a power of attorney. Not because anything's wrong, but because it makes everything easier if something ever is.
If you'd like to get a power of attorney in place — or you're helping an aging parent get their affairs in order — call Fuller Bumpers, Attorney at Law in downtown Batesville. We'll walk you through it in plain English, and you'll work directly with our office, not a call center. Call (870) 793-7556 for a consultation.
Want the bigger picture first? Grab our free Arkansas Estate Planning Starter Guide, which covers powers of attorney, wills, and trusts in everyday language.
Frequently Asked Questions
What is a power of attorney in Arkansas? It's a legal document that lets someone you trust act on your behalf — such as handling finances or making medical decisions — if you're unable to. It does not take away your independence; it simply lets someone help when you need it.
What is a durable power of attorney? A durable power of attorney is written to survive incompetency, meaning it keeps working even if you become unable to make decisions. This is the type most people need, because it protects you at the moment help matters most.
Does a power of attorney avoid guardianship? Often, yes. Having a durable power of attorney in place ahead of time can prevent the need for a costly emergency guardianship if you later become unable to make decisions.
Can I just use a free online power of attorney form? It's risky. Many online forms are written for other states' laws. You want a power of attorney built for Arkansas with proper durable language so it holds up when your family needs it.
When should I get a power of attorney? It's never too early, and it's especially important once you're over 60. Setting one up while you're healthy is far easier and cheaper than dealing with a guardianship later.