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An Arkansas living will, also referred to as an advance directive, is a legal document to explain your desire for medical treatment in the event that you are no longer able to make medical decisions. It acts as an advance care plan.
An Arkansas living will is also used to name a healthcare proxy or health care agent. A healthcare proxy is someone who makes those decisions if you are unable to do it. Your healthcare proxy must be at least 18 years of age. An Arkansas living will can either be witnessed by two adults or notarized. Only one of your two witnesses may be related to you by blood, marriage, or adoption. Your document must be witnessed and notarized if you are allowing your healthcare proxy to make plans for your funeral or cremation. You retain the power of revocation as well as the ability to make changes to this document as long as you are of sound mind. An advanced directive can make these difficult decisions much easier on your loved ones since your wishes regarding life-sustaining treatment are documented in writing as required by Arkansas law.
Please note that this document is not the same as a durable power of attorney or power of attorney for health care (also known as a medical power of attorney). Before entering into a power of attorney, you should seek legal advice.
§ 20-17-201 to § 20-17-218: The Arkansas Rights of the Terminally Ill or Permanently Unconscious Act states that an individual must be at least 18 years old and be of sound mind when they create a living will. The document must be signed by the declarant as well as two witnesses.
The Arkansas Department of Health provides free forms to help you complete your advance care plan. They are not in Adobe PDF format. They are in Word format. The advance care plan provided allows you to appoint both an agent and an alternate agent. It also allows you to select the quality of life options based on irreversible conditions as well as dependency matters. You can also select treatment options including artificial nutrition and cardiopulmonary resuscitation. There is also an option as to whether you would like to alert medical staff about whether you are interested in organ donation.
An Arkansas living will provides information for healthcare providers as to your wishes pertaining to your medical needs if you’re no longer able to make your own decisions. However, it is not the same as an Arkansas durable power of attorney. It is also important to create an Arkansas Last Will and Testament to determine how you want your assets distributed at the end of your life.
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