Ark. Code Ann. » Title 28 Chapter 68
Arkansas Code Annotated

Ark. Code Ann. § 28-68-201 (2020)

Authority that requires specific grant — Grant of general authority

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
    1. amend, revoke, or terminate an inter vivos trust;
    2. make a gift;
    3. create or change rights of survivorship;
    4. create or change a beneficiary designation;
    5. delegate authority granted under the power of attorney;
    6. waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or
    7. exercise fiduciary powers that the principal has authority to delegate.
  2. Notwithstanding a grant of authority to do an act described in subsection (a), unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
  3. Subject to subsections (a), (b), (d), and (e), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in §§ 28-68-204 — 28-68-216.
  4. Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to § 28-68-217.
  5. Subject to subsections (a), (b), and (d), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
  6. Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
  7. An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.

History. Acts 1981, No. 659, 1; A.S.A. 1947, § 58–701; Acts 2011, No. 805, § 1.

Amendments. The 2011 amendment rewrote the section and the section heading.

Case Notes

Application.

In a will contest, the facts showed that decedent's brother, as the attorney-in-fact, was not the maker of decedent's will, but merely acted as a conduit or messenger between the decedent and decedent's attorney concerning the decedent's wishes; thus, it was the decedent, and not his brother, who was the maker of the will. In re Estate of Garrett, 81 Ark. App. 212, 100 S.W.3d 72 (2003) (decision under prior law).

Notes of Decisions
Cited in 8 cases (5 in the last 5 years), 1989–2024 · leading case: Cruzan ex rel. Cruzan v. Dir., 497 U.S. 261 (1990).
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Cruzan ex rel. Cruzan v. Dir., 497 U.S. 261 (1990). · cites it 2× “§ 14-5501 (1975); Ark. Code Ann. §§ 28-68-201 to XX-XX-XXX (1987); Cal.”
PROGRESSIVE ELDERCARE Servs.-DREW, INC. v. ANGELA EVERETT, 2021 Ark. App. 353, 635 S.W.3d 502. · cites it 12× “2012) includes -204 (real property), -205 (tangible personal property), -206 (stocks and bonds), -207 5 Ark. Code Ann. § 28-68-201 (c) (Supp. 2021).”
Malvern Operations, LLC v. Anita Moss, 2020 Ark. App. 355, 605 S.W.3d 291. · cites it 4× “Moss argues in part that the generic language of Muhammad’s power of attorney is not sufficient to grant Moss the general authority “to do all acts that a principal could do,” as set forth in Arkansas Code Annotated section 28-68-201(c), or the authority to waive Muhammad’s…”
Ashton Place Health & Rehab, LLC v. Joyce Russell, 2023 Ark. App. 351, 675 S.W.3d 140. · cites it 10× “[3] Ark. Code Ann. § 28-68-201 (c) (Supp. 2021).”
Filk v. Beatty, 764 S.W.2d 454 (Ark. 1989). · cites it 2× “1985) ( Ark. Code Ann. § 28-68-201 etseq. (1987)) for the purpose for having her son, Lloyd David Beatty, appointed to provide for her needs in the event she became incompetent.”
Crawford Operations, LLC v. Crystal Davis, 2023 Ark. App. 277, 668 S.W.3d 527. · cites it 2× “”1 In Moss, we held that a nursing-home resident’s power of attorney did not grant authority to do all acts that a 1 Section 28-68-212 (Repl.”
Crawford Operations, LLC v. Crystal Davis, 2023 Ark. App. 277, 668 S.W.3d 527. · cites it 2× “”1 In Moss, we held that a nursing-home resident’s power of attorney did not grant authority to do all acts that a 1 Section 28-68-212 (Repl.”
Witt v. Reddmann, No. 3:21-cv-00212 (E.D. Ark. Jan. 8, 2024). “I intend that this Power of Attorney be a durable power of attomey and shall be interpreted and construed in accordance with Arkansas Code Annotated §28-68-201, et seq. and all amendments thereto, 3.”
Ark. Code Ann. § 28-68-201(c): 5 cases
Malvern Operations, LLC v. Anita Moss, 2020 Ark. App. 355, 605 S.W.3d 291. “Moss argues in part that the generic language of Muhammad’s power of attorney is not sufficient to grant Moss the general authority “to do all acts that a principal could do,” as set forth in Arkansas Code Annotated section 28-68-201(c), or the authority to waive Muhammad’s…”
PROGRESSIVE ELDERCARE Servs.-DREW, INC. v. ANGELA EVERETT, 2021 Ark. App. 353, 635 S.W.3d 502. “2012) includes -204 (real property), -205 (tangible personal property), -206 (stocks and bonds), -207 5 Ark. Code Ann. § 28-68-201 (c) (Supp. 2021).”
Ashton Place Health & Rehab, LLC v. Joyce Russell, 2023 Ark. App. 351, 675 S.W.3d 140. “[3] Ark. Code Ann. § 28-68-201 (c) (Supp. 2021).”
Crawford Operations, LLC v. Crystal Davis, 2023 Ark. App. 277, 668 S.W.3d 527. “”1 In Moss, we held that a nursing-home resident’s power of attorney did not grant authority to do all acts that a 1 Section 28-68-212 (Repl.”
Crawford Operations, LLC v. Crystal Davis, 2023 Ark. App. 277, 668 S.W.3d 527. “”1 In Moss, we held that a nursing-home resident’s power of attorney did not grant authority to do all acts that a 1 Section 28-68-212 (Repl.”
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