§ 28-68-304 - Execution and approval. - Arkansas Statutes

28-68-304. Execution and approval.

(a) If a resident of this state desires to execute a power of attorney in anticipation of or because of infirmity resulting from injury, old age, senility, blindness, disease, or other related or similar cause as a means of providing for the care of his or her person or property, or both, the resident shall execute the instrument in one (1) of the following three (3) methods:

(1) In the presence of and with the approval of a judge of the circuit court of the county of the principal's domicile;

(2) In the presence of at least two (2) witnesses who shall attest and prove the execution by affidavit to be filed with the instrument, to be approved by a judge of the circuit court of the county of the principal's domicile; or

(3) (A) In the presence of a notary public who shall acknowledge the instrument.

(B) The instrument, with the certificate of a notary public, shall be filed with and approved by the circuit court of the county of the principal's domicile.

(b) (1) The approval of the judge may be given only if:

(A) The principal requests approval;

(B) The attorney in fact consents to serve;

(C) The judge is satisfied, after any examination and investigation he or she deems appropriate, that the principal is a person covered by this subchapter and reasonably understands the nature and purpose of the power and that the attorney in fact is a suitable person to carry out the obligations imposed upon him or her; and

(D) The provisions of this subchapter have been observed.

(2) Approval may be given informally in chambers or another convenient place without the necessity of service of summons or other notice and shall be endorsed upon the face of the original of the instrument.