Arkansas Living Will Requirements
Based on Arkansas Code §20-17-201 through §20-17-218 (Arkansas Rights of the Terminally Ill or Permanently Unconscious Act)
Quick Summary
- Document type: Declaration
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Arkansas requires 2 witnesses who are present when you sign your declaration. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be a competent adult (18 years of age or older)
- A witness cannot be related to the declarant by blood, marriage, or adoption
- A witness cannot be entitled to any portion of the declarant's estate by will or by operation of law
- A witness cannot be the declarant's attending physician or an employee of the attending physician
- A witness cannot be an employee of the health care facility where the declarant is a patient
- A witness cannot be a person who has a claim against the declarant's estate at the time of the declaration
- A witness cannot be the person named as the health care proxy in the declaration
When Your Living Will Takes Effect
Your Arkansas living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time.
Persistent Vegetative State
A permanently unconscious state is a condition that has been diagnosed in accordance with currently accepted medical standards by a physician who has examined the patient and that, to a reasonable degree of medical certainty, will last permanently without improvement, and in which cognitive thought, sensation, purposeful action, social interaction, and awareness of self and environment are absent.
Irreversible Condition
An irreversible condition is a condition that is not combatable or curable, and for which the administration of life-sustaining treatment serves only to prolong the dying process.
Important Notes for Arkansas
- Arkansas follows the Rights of the Terminally Ill or Permanently Unconscious Act (Arkansas Code §20-17-201 through §20-17-218)
- A declaration is valid if signed by two qualified witnesses OR notarized — either method satisfies the execution requirement
- The declaration must be signed by the declarant or by another person at the declarant's direction if the declarant is physically unable to sign
- A qualified patient is a patient 18 or more years of age who has executed a declaration and has been determined to be in a terminal condition or permanently unconscious state by the attending physician and one other physician
- The declaration may be revoked at any time by the declarant by physical destruction, written revocation, or oral revocation in the presence of a witness who signs and dates a writing confirming the revocation
- Arkansas provides separate optional statutory forms for terminal condition declarations and permanently unconscious declarations
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.