Browse Arkansas Code titles and sections
28-68-120. Liability for refusal to accept acknowledged statutory form power of attorney.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-68-120. Liability for refusal to accept acknowledged statutory form power of attorney.
(a) In this section, “statutory form power of attorney” means a power of attorney substantially in the form provided in § 28-68-301 or that meets the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as it existed on January 1, 2011.
(b) Except as otherwise provided in subsection (c):
(1) a person shall either accept an acknowledged statutory form power of attorney or request a certification, a translation, or an opinion of counsel under § 28-68-119(d) no later than seven business days after presentation of the power of attorney for acceptance;
(2) if a person requests a certification, a translation, or an opinion of counsel under § 28-68-119(d), the person shall accept the statutory form power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and
(3) a person may not require an additional or different form of power of attorney for authority granted in the statutory form power of attorney presented.
(c) A person is not required to accept an acknowledged statutory form power of attorney if:
(1) the person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
(3) the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(4) a request for a certification, a translation, or an opinion of counsel under § 28-68-119(d) is refused;
(5) the person in good faith believes that the power is not valid or that the agent does not ha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-68-120
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:28-68-120
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a445051fd8b350c9a50ebe9be47eca1926b6b922cc2ad09ce31563cad78378da
Source location: content.xml paragraph 10531
Stored source content
28-68-120. Liability for refusal to accept acknowledged statutory form power of attorney.
(a) In this section, “statutory form power of attorney” means a power of attorney substantially in the form provided in § 28-68-301 or that meets the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as it existed on January 1, 2011.
(b) Except as otherwise provided in subsection (c):
(1) a person shall either accept an acknowledged statutory form power of attorney or request a certification, a translation, or an opinion of counsel under § 28-68-119(d) no later than seven business days after presentation of the power of attorney for acceptance;
(2) if a person requests a certification, a translation, or an opinion of counsel under § 28-68-119(d), the person shall accept the statutory form power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and
(3) a person may not require an additional or different form of power of attorney for authority granted in the statutory form power of attorney presented.
(c) A person is not required to accept an acknowledged statutory form power of attorney if:
(1) the person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
(3) the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(4) a request for a certification, a translation, or an opinion of counsel under § 28-68-119(d) is refused;
(5) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under § 28-68-119(d) has been requested or provided; or
(6) the person makes, or has actual knowledge that another person has made, a report to the Department of Human Services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(d) A person that refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to:
(1) a court order mandating acceptance of the power of attorney; and
(2) liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
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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
28-68-119. Acceptance of and reliance upon acknowledged power of attorney.
(a) For purposes of this section and § 28-68-120, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgements.
(b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under § 28-68-105 that the signature is genuine.
(c) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
(d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
(1) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(2) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(e) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-68-119
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 28-68-119. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-68-301. Statutory form power of attorney.
A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter.
ARKANSAS STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, Arkansas Code Title 28, Chapter 68.
This power of attorney does not authorize the agent to make health-care decisions for you.
You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.
Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.
This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions.
If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.
This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.
If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice befo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-68-301
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 28-68-301. This identifies an authority to review, not proof of applicability.