Arkansas Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Arkansas who cannot decide: an agent, a guardian, or Arkansas's default surrogate order. Runs in your browser; nothing is stored.

Arkansas law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Arkansas

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Arkansas's default surrogate order

  1. Someone the patient named by telling the supervising provider (oral or written)
  2. Spouse (Not if legally separated)
  3. An adult child
  4. A parent
  5. An adult sibling
  6. Any other adult relative
  7. Any other adult who has shown special care and concern, knows the patient's values, and is available and willing
What it covers
A surrogate may make health care decisions for an adult a physician finds lacks capacity when no agent or guardian is appointed or available. A surrogate the patient did not designate can make all decisions except that stopping tube feeding needs extra certification.
If more than one person is in the same group
No majority rule. The supervising provider identifies the one person best qualified, weighing contact and demonstrated care, and "may" use the family order. A challenger must prove the choice invalid.
If nobody on the list is available
If no one is reasonably available, the provider may decide after consulting an ethics officer or committee, or with concurrence from an independent second physician.
Who decides the person cannot decide
A licensed physician must determine that the patient lacks capacity.
Limits
  • The order is a preference the provider "may" follow when picking the best-qualified person; it is not an automatic hierarchy.
  • A person under a protective or no-contact order with the patient cannot serve.
  • The treating provider, its employees and facility operators cannot be designated unless related to the patient.
  • An undesignated surrogate can stop tube feeding only if a directive allows it or two physicians certify it only prolongs dying and recovery of capacity is highly unlikely.

Source: Ark. Code 20-6-105 · Checked October 26, 2026

Narrower laws in this state

  • Ark. Code 20-17-214: A separate ranked list (guardian, parents of a minor, spouse, majority of adult children, parents, majority of adult siblings, persons in loco parentis, majority of adult heirs) who may sign a living-will declaration for a patient who no longer can.

Less certain: This list was read from a 2020 copy of the Arkansas Code; the 2023 and 2025 acts we found changed other sections of the same law, not this list, but other recent acts were not fully checked.

Next steps

Who decides in Arkansas without a power of attorney?

Arkansas's default surrogate law (Ark. Code 20-6-105) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Someone the patient named by telling the supervising provider (oral or written); the first relative listed is: Spouse.

Arkansas's default surrogate law in full

Arkansas's default surrogate order

  1. Someone the patient named by telling the supervising provider (oral or written)
  2. Spouse (Not if legally separated)
  3. An adult child
  4. A parent
  5. An adult sibling
  6. Any other adult relative
  7. Any other adult who has shown special care and concern, knows the patient's values, and is available and willing
What it covers
A surrogate may make health care decisions for an adult a physician finds lacks capacity when no agent or guardian is appointed or available. A surrogate the patient did not designate can make all decisions except that stopping tube feeding needs extra certification.
If more than one person is in the same group
No majority rule. The supervising provider identifies the one person best qualified, weighing contact and demonstrated care, and "may" use the family order. A challenger must prove the choice invalid.
If nobody on the list is available
If no one is reasonably available, the provider may decide after consulting an ethics officer or committee, or with concurrence from an independent second physician.
Who decides the person cannot decide
A licensed physician must determine that the patient lacks capacity.
Limits
  • The order is a preference the provider "may" follow when picking the best-qualified person; it is not an automatic hierarchy.
  • A person under a protective or no-contact order with the patient cannot serve.
  • The treating provider, its employees and facility operators cannot be designated unless related to the patient.
  • An undesignated surrogate can stop tube feeding only if a directive allows it or two physicians certify it only prolongs dying and recovery of capacity is highly unlikely.

Source: Ark. Code 20-6-105 · Checked October 26, 2026

Narrower laws in this state

  • Ark. Code 20-17-214: A separate ranked list (guardian, parents of a minor, spouse, majority of adult children, parents, majority of adult siblings, persons in loco parentis, majority of adult heirs) who may sign a living-will declaration for a patient who no longer can.

Less certain: This list was read from a 2020 copy of the Arkansas Code; the 2023 and 2025 acts we found changed other sections of the same law, not this list, but other recent acts were not fully checked.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Arkansas if there is no power of attorney?

Arkansas's default surrogate law (Ark. Code 20-6-105) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Someone the patient named by telling the supervising provider (oral or written); the first relative listed is: Spouse. The full order, tie rule and limits are in Ark. Code 20-6-105.

Does next of kin in Arkansas have authority over money?

No default surrogate law covers money. In Arkansas, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Arkansas law checked against the official text on October 26, 2026.

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