Browse Arkansas Code titles and sections
28-68-106. Validity of power of attorney.
Arkansas Code — all titles (historical 2020) · legal_authorities
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) A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time of execution.
(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 28-68-107; or
(2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as it existed on January 1, 2011.
(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-68-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-68-106
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ddeb5a252eb2737721a3b18ed29dcb578119abba0738ca7f0d558a6f062b312e
Source location: content.xml paragraph 10370
Stored source content
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) A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time of execution.
(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 28-68-107; or
(2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as it existed on January 1, 2011.
(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Instruments To Be Given Legal Effect Without Regard to State Law.—** A military power of attorney—
(1) is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and
(2) shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.
**(b) Military Power of Attorney.—** For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with [section 1044a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044a&num=0&edition=prelim) or other applicable State or Federal law.
**(c) Statement To Be Included.—**
(1) Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.
**(d) State Defined.—** In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1044b
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 1044b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 930
TITLE 10—ARMED FORCES
§ 1044a
‘‘(1) a violation of section 928(b), 928b(1), 928b(5), or
930 of title 10, United States Code (article 128(b),
128b(1), 128b(5), or 130 of the Uniform Code of Military
Justice), when committed against a spouse, intimate
partner, or immediate family member;
‘‘(2) a violation of any other provision of subchapter
X of chapter 47 of such title (the Uniform Code of
Military Justice), when committed against a spouse,
intimate partner, or immediate family member; or
‘‘(3) an attempt to commit an offense specified in
paragraph (1) or (2) as punishable under section 880 of
such title (article 80 of the Uniform Code of Military
Justice).’’
§ 1044a. Authority to act as notary
(a) The persons named in subsection (b) have
the general powers of a notary public and of a
consul of the United States in the performance
of all notarial acts to be executed by any of the
following:
(1) Members of any of the uniformed serv-
ices.
(2) Other persons eligible for legal assistance
under the provisions of section 1044 of this
title or regulations of the Department of De-
fense.
(3) Persons serving with, employed by, or ac-
companying the armed forces outside the
United States and outside the Commonwealth
of Puerto Rico, Guam, and the Virgin Islands.
(4) Other persons subject to the Uniform
Code of Military Justice (chapter 47 of this
title) outside the United States.
(b) Persons with the powers described in sub-
section (a) are the following:
(1) All judge advocates, including reserve
judge advocates when not in a duty status.
(2) All civilian attorneys serving as legal as-
sistance attorneys.
(3) All adjutants, assistant adjutants, and
personnel adjutants, including reserve mem-
bers when not in a duty status.
(4) All other
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1044b
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 1044b. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-68-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-68-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-68-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-68-107. This identifies an authority to review, not proof of applicability.