Arkansas Living Will and Advance Directive: What Families Need to Know

What an Arkansas Living Will Actually Does

A living will in Arkansas — formally called a "Declaration" under the Rights of the Terminally Ill or Permanently Unconscious Act (A.C.A. § 20-17-202) — is a written statement that tells medical providers what life-sustaining treatments you do or do not want if you become terminally ill or permanently unconscious and can no longer communicate.

It is not the same as a healthcare power of attorney, though the two are frequently drafted together. A living will speaks for itself when the person cannot. A healthcare power of attorney appoints a specific agent to make medical decisions on the person's behalf.

For families navigating a young adult's transition to legal adulthood at 18, the distinction matters. A living will addresses end-of-life scenarios. A healthcare power of attorney under the Arkansas Healthcare Decisions Act (A.C.A. § 20-6-101 et seq.) addresses the far more common situation where a parent needs ongoing authority to consent to treatments and communicate with providers; a separate HIPAA authorization may be needed for access to medical records.

How to Execute a Valid Living Will in Arkansas

Arkansas law requires specific formalities. A living will must be:

• Signed by the declarant (the person making the declaration)
• Either notarized or witnessed by two competent adults

If witnessed rather than notarized, the witnesses face strict disqualification rules. Neither witness can be the person's designated healthcare agent, and at least one witness must not be related to the declarant by blood, marriage, or adoption, and must not be entitled to any portion of the declarant's estate.

The living will becomes operative when it is communicated to the attending physician and the attending physician and another physician determine that the declarant is in a terminal condition and no longer able to make decisions about life-sustaining treatment, or is permanently unconscious. It can be revoked at any time and in any manner by the declarant; the revocation takes effect when communicated to the attending physician or other healthcare provider.

Advance Directives: The Broader Category

"Advance directive" is the umbrella term covering both living wills and durable powers of attorney for healthcare. Under the Arkansas Healthcare Decisions Act, a person can appoint a healthcare agent who gains authority when the principal temporarily or permanently loses the ability to communicate their wishes.

The healthcare directive must be signed by the principal and either notarized or witnessed by two qualified, disinterested adults — the same witness restrictions apply. Unless the directive specifies otherwise, the agent's authority activates upon incapacity, not upon signing, so the young adult remains their own primary decision-maker as long as they can communicate.

Why This Matters for Disability Transition Planning

When a child with a developmental disability turns 18, parents lose all automatic medical decision-making authority. A healthcare power of attorney restores that authority in a targeted way — the parent can consent to treatments, speak with doctors, and, with any required HIPAA authorization, access records — without removing any of the young adult's civil rights.

A living will supplements this by addressing the narrow scenario where end-of-life treatment decisions arise and neither the young adult nor their agent can communicate preferences.

For families evaluating the full spectrum of legal tools — from informal supported decision-making through powers of attorney to court-supervised guardianship — advance directives represent the least restrictive option for medical authority. They bypass the probate court entirely, cost nothing beyond a notary fee, and leave the young adult's legal personhood fully intact.

The Arkansas Adult Guardianship & Alternatives Guide walks through every instrument side by side, including exactly how to assess whether your young adult has the capacity to sign these documents and what to do if they do not.

Common Mistakes to Avoid

Using a generic national template. Arkansas has specific statutory requirements for execution, witness qualifications, and the interplay between living wills and healthcare powers of attorney. A multi-state form may omit required language or fail to meet local notarization standards, leaving the document unenforceable when it matters most.

Confusing a living will with a DNR order. A Do Not Resuscitate order is a medical order signed by a physician. A living will is a legal document signed by the patient. They serve different functions, and one does not replace the other.

Forgetting HIPAA authorization. Even with a healthcare power of attorney, medical providers may require a separate HIPAA release form (45 C.F.R. § 164.508) before disclosing detailed treatment information to the agent. Executing both documents together eliminates gaps in communication.

If you are preparing for your child's 18th birthday and want to understand how living wills, healthcare proxies, and other tools fit together under Arkansas law, the complete guide covers the full decision framework with fillable worksheets and step-by-step execution instructions.

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