Arkansas Code Annotated
Ark. Code Ann. § 28-68-204 (2020)
Real property
✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
- demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;
- sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
- pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
- release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;
-
manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
- insuring against liability or casualty or other loss;
- obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
- paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and
- purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;
- use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
-
participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
- selling or otherwise disposing of them;
- exercising or selling an option, right of conversion, or similar right with respect to them; and
- exercising any voting rights in person or by proxy;
- change the form of title of an interest in or right incident to real property; and
- dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
History. Acts 2011, No. 805, § 1.
Notes of Decisions
Cited in 5
cases (4 in the last 5 years), 2020–2023 · leading case: Malvern Operations, LLC v. Anita Moss, 2020 Ark. App. 355, 605 S.W.3d 291.
Malvern Operations, LLC v. Anita Moss, 2020 Ark. App. 355, 605 S.W.3d 291. “” Section 28-68- 202(a) discusses an agent’s authority “if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in §§ 28-68-204—28-68-217 or cites the section in which the authority is described.”
PROGRESSIVE ELDERCARE Servs.-DREW, INC. v. ANGELA EVERETT, 2021 Ark. App. 353, 635 S.W.3d 502. “Section 28-68-201 provides: 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.[1] 1The general authority described…”
Ashton Place Health & Rehab, LLC v. Joyce Russell, 2023 Ark. App. 351, 675 S.W.3d 140. “” Subsection 201(c) provides: 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.[3] Ark. Code Ann.”
Crawford Operations, LLC v. Crystal Davis, 2023 Ark. App. 277, 668 S.W.3d 527. “” 5 principal could do when it referred to two general subjects, financial and healthcare, with no further explanation.”
Crawford Operations, LLC v. Crystal Davis, 2023 Ark. App. 277, 668 S.W.3d 527. “” 5 principal could do when it referred to two general subjects, financial and healthcare, with no further explanation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.