Free Arkansas Advance Directive & Living Will

Build a complete Arkansas advance directive in minutes — free, no account. Name a health care agent, record your end-of-life wishes, and download a ready-to-sign PDF with Arkansas's correct signing requirements.

A free directive — not legal or medical advice.

This builds a Arkansas advance directive: it names a health care agent to decide for you and records your end-of-life wishes. It works only when you sign it as Arkansas requires (see the signing steps). RecordingLaw.com is not a law firm.

About you

Your health care agent

The person who will make medical decisions if you can't speak for yourself — the most important choice.

Note: in Arkansas, your agent cannot be The durable power of attorney for health care agent cannot be the patient's treating health care provider or an employee of the provider/facility (unless related). Standard restriction that the agent not be a witness to the same document.

Your end-of-life wishes

If you are terminally ill or permanently unconscious with no recovery expected.

If I am dying and will not recover, I want:

Note: Arkansas law may suspend these wishes during pregnancy.

Other wishes (optional)

Before you sign — Arkansas notes

This directive has NO legal effect until you sign it. To make it valid in Arkansas: A competent adult signs an advance directive (living will and/or durable power of attorney for health care) and EITHER has it notarized OR signs before two qualified witnesses; at least one witness must not be related to the principal by blood/marriage/adoption and not an heir, and no witness may be the agent (Ark. Code § 20-6-103(c)). Arkansas's pregnancy limitation applies: under the Rights of the Terminally Ill or Permanently Unconscious Act (§ 20-17-206(c)), a pregnant patient's living will is not given effect if the fetus could develop to live birth with continued life-sustaining treatment. With no directive, § 20-6-105/106 names the surrogate (spouse > adult child > parent > sibling > other).

Witness rules: a witness must NOT be Ark. Code § 20-6-103: an advance directive (living will or durable power of attorney for health care) must be either notarized OR witnessed by two (2) witnesses. Under the legacy Terminally Ill Act declaration (§ 20-17-202), witnesses must be competent adults who are not named as health care proxy, not related to the patient by blood, marriage, or adoption, and not entitled to any portion of the estate under a will/codicil or by operation of law.

Your agent cannot be The durable power of attorney for health care agent cannot be the patient's treating health care provider or an employee of the provider/facility (unless related). Standard restriction that the agent not be a witness to the same document.

Arkansas lets you use EITHER 2 witnesses OR a notary — you do not need both.

Pregnancy: Arkansas law may suspend your living-will instructions while you are pregnant. The statutory Declaration form under the Rights of the Terminally Ill or Permanently Unconscious Act (§ 20-17-206 / form in § 20-17-202) provides that the declaration has NO EFFECT during the course of the declarant's pregnancy. Practically, withdrawal of life-sustaining treatment for a pregnant patient is suspended. Confirm exact language against the .gov form text.

Arkansas also publishes an official statutory directive form (Ark. Code § 20-17-202 (optional Declaration form, Terminally Ill/Permanently Unconscious Act); Arkansas Healthcare Decisions Act §§ 20-6-101 et seq. governs modern advance directives); this document is a valid alternative that covers the same ground.

After signing, give copies to your agent, your alternate, and your doctor, and keep the original somewhere accessible. An advance directive is not filed with a court.

This is a general-purpose directive and is not legal or medical advice. For complex wishes, a serious illness, or detailed treatment limits, talk to your doctor and an estate-planning attorney. RecordingLaw.com is not a law firm.

Enter your name and your agent's name to download.

Or email yourself a copy (PDF)

Advance Health Care Directive of [YOUR FULL NAME]

PART I — DECLARATION

I, [YOUR FULL NAME], of [CITY], Arkansas, being of sound mind, make this Advance Health Care Directive to state my wishes for my medical care and to appoint a person to make health care decisions for me if I cannot make them myself. I revoke any prior advance directive, living will, or health care power of attorney I have made.

PART II — MY HEALTH CARE AGENT

I appoint [AGENT NAME] as my health care agent.

My agent's authority takes effect when my attending physician determines that I am unable to make my own health care decisions, and ends if I regain that ability.

My agent may make any health care decision I could make, including consenting to, refusing, or withdrawing any medical care, treatment, or procedure; choosing and changing my doctors and care facilities; and arranging for my comfort and pain relief. My agent must follow my wishes as stated in this document and otherwise act in my best interest.

I authorize my agent to obtain and review my medical information, and I make my agent my personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for that purpose.

PART III — LIVING WILL — MY END-OF-LIFE WISHES

If I am terminally ill, permanently unconscious, or in an end-stage condition with no reasonable expectation of recovery, I do NOT want life-sustaining treatment (such as CPR, a ventilator, or dialysis) that would only prolong the process of dying. I direct that such treatment be withheld or withdrawn and that I be allowed to die naturally, receiving only care for my comfort.

I do NOT want artificially administered nutrition and hydration if it would serve only to prolong the process of dying.

Regardless of my other choices, I always want to be kept as comfortable and free of pain as possible, even if medication to relieve my pain may hasten my death.

Note about pregnancy: under Arkansas law, this living-will instruction may be limited or suspended if I am pregnant. The statutory Declaration form under the Rights of the Terminally Ill or Permanently Unconscious Act (§ 20-17-206 / form in § 20-17-202) provides that the declaration has NO EFFECT during the course of the declarant's pregnancy. Practically, withdrawal of life-sustaining treatment for a pregnant patient is suspended. Confirm exact language against the .gov form text.

PART IV — GENERAL PROVISIONS

This directive is governed by the laws of Arkansas and is intended to be effective in any place where I may be. A copy of this directive has the same effect as the original. I may revoke it at any time by notifying my agent or health care provider, orally or in writing.

If any part of this directive is held invalid, the rest remains in effect. My health care providers and agent who act in good faith reliance on this directive are protected to the fullest extent of the law.

SIGNATURE

I sign this Advance Health Care Directive willingly, on this _____ day of ____________, 20____, at [CITY], Arkansas.

____________________________________

[YOUR FULL NAME], Principal

WITNESSES — Each of us declares that the principal signed this directive in our presence, appeared to be of sound mind and free from duress, that we are each at least 18 years old, and that we are not disqualified from witnessing under this state's law (see the signing instructions for who may not witness).

Witness 1: ____________________________ Address: ____________________________

Witness 2: ____________________________ Address: ____________________________

(Alternatively, Arkansas lets you have this directive notarized instead of witnessed — sign the notary block below OR use the witnesses above.)

STATE OF __________, COUNTY OF __________. Subscribed and sworn before me on __________.

____________________________________ Notary Public

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