Browse Arkansas Code titles and sections
28-68-109. When power of attorney effective.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-68-109. When power of attorney effective.
(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(1) a physician or licensed psychologist that the principal is incapacitated within the meaning of § 28-68-102(5)(A); or
(2) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of § 28-68-102(5)(B).
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as it existed on January 1, 2011, and applicable regulations, to obtain access to the principal's health-care information and communicate with the principal's health-care provider.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-68-109
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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Stable record: arkansas_code:legal_authorities:28-68-109
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: df01b71375ef3a066bf76dbd5352bec397c24ceb6feeeb2c703c7c2972d32f88
Source location: content.xml paragraph 10391
Stored source content
28-68-109. When power of attorney effective.
(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(1) a physician or licensed psychologist that the principal is incapacitated within the meaning of § 28-68-102(5)(A); or
(2) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of § 28-68-102(5)(B).
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as it existed on January 1, 2011, and applicable regulations, to obtain access to the principal's health-care information and communicate with the principal's health-care provider.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this part:
(1) **Code set** — The term “code set” means any set of codes used for encoding data elements, such as tables of terms, medical concepts, medical diagnostic codes, or medical procedure codes.
(2) **Health care clearinghouse** — The term “health care clearinghouse” means a public or private entity that processes or facilitates the processing of nonstandard data elements of health information into standard data elements.
(3) **Health care provider** — The term “health care provider” includes a provider of services (as defined in [section 1395x(u) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/u&num=0&edition=prelim)), a provider of medical or other health services (as defined in [section 1395x(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/s&num=0&edition=prelim)), and any other person furnishing health care services or supplies.
(4) **Health information** — The term “health information” means any information, whether oral or recorded in any form or medium, that—
(A) is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and
(B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual.
(5) **Health plan** — The term “health plan” means an individual or group plan that provides, or pays the cost of, medical care (as such term is defined in [section 300gg–91 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg-9
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320d
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1320d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2746
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1320c–20
1 So in original. Probably should be ‘‘Part’’.
tions between Professional Standards Review Organiza-
tions and administrative instrumentalities.
Section 1320c–15, act Aug. 14, 1935, ch. 531, title XI,
§ 1166, as added Oct. 30, 1972, Pub. L. 92–603, title II,
§ 249F(b), 86 Stat. 1443; amended Oct. 25, 1977, Pub. L.
95–142, § 5(h), 91 Stat. 1189, related to general prohibi-
tion against disclosure of data or information and ex-
ceptions to such prohibition. See section 1320c–9 of this
title.
Section 1320c–16, act Aug. 14, 1935, ch. 531, title XI,
§ 1167, as added Oct. 30, 1972, Pub. L. 92–603, title II,
§ 249F(b), 86 Stat. 1443; amended Oct. 25, 1977, Pub. L.
95–142, § 5(i), (n), 91 Stat. 1190, 1191, related to limitation
of liability of persons providing information to Profes-
sional Standards Review Organizations and Statewide
Professional Standards Review Councils. See section
1320c–6 of this title.
Section 1320c–17, act Aug. 14, 1935, ch. 531, title XI,
§ 1168, as added Oct. 30, 1972, Pub. L. 92–603, title II,
§ 249F(b), 86 Stat. 1444; amended Dec. 31, 1975, Pub. L.
94–182, title I, § 112(c), 89 Stat. 1055; Oct. 25, 1977, Pub. L.
95–142, § 5(j), 91 Stat. 1190; Aug. 13, 1981, Pub. L. 97–35,
title XXI, § 2113(j), 95 Stat. 795, related to authorization
for use of funds for administering professional review
program, transfer of moneys between funds, and pay-
ments for Professional Standards Review Organiza-
tions. See section 1320c–8 of this title.
Section 1320c–18, act Aug. 14, 1935, ch. 531, title XI,
§ 1169, as added Oct. 30, 1972, Pub. L. 92–603, title II,
§ 249F(b), 86 Stat. 1444, related to technical assistance
given to organizations desiring to be designated as Pro-
fessional Stand
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1320d
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1320d. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-68-102. Definitions.
In this chapter:
(1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated.
(2) “Durable,” with respect to a power of attorney, means not terminated by the principal's incapacity.
(3) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(4) “Good faith” means honesty in fact.
(5) “Incapacity” means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.
(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.
(8) “Presently exercisable general power of appointment,” with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the cre
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-68-102
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 28-68-102. This identifies an authority to review, not proof of applicability.