Arkansas Power of Attorney Abuse - Best Proven Guide (2026)

By Oleg Kachko · Updated September 6, 2026

✓ Verified September 2026

Arkansas Power of Attorney Abuse is what a family suspects when a parent’s money starts disappearing and the person holding the paperwork will not explain where it went. This guide gives the Arkansas answer in plain English: what the agent is required to do, who can force them to show the records, where to report, and how the power of attorney is revoked.

All facts are from Arkansas law, verified as of September 2026.

In This Arkansas Guide:

At a Glance
Warning Signs
The Agent’s Duties
Forcing an Accounting
How to Report
Revoking the POA
What to Expect
Official Sources

Arkansas Power of Attorney Abuse: At a Glance

Here are the Arkansas facts that decide most Arkansas power of attorney abuse cases:

Governing statute	Uniform Power of Attorney Act, Ark. Code Ann. 28-68-101 through 28-68-406 (Title 28, Subtitle 5, Chapter 68; enacted by Acts 2011, No. 805, effective for powers of attorney executed on or after January 1, 2012). A power of attorney created under this chapter is durable unless it expressly states that it terminates on the principal’s incapacity (Ark. Code Ann. 28-68-104). The chapter does not govern health-care decision-making. Optional statutory form at Ark. Code Ann. 28-68-301.
Who can demand an accounting	Ark. Code Ann. 28-68-114(h). An agent is not required to disclose receipts, disbursements, or transactions unless ordered by a court or requested by: the principal; a guardian; a conservator; another fiduciary acting for the principal; a governmental agency having authority to protect the welfare of the principal (Adult Protective Services); or, after the principal’s death, the personal representative or successor in interest of the principal’s estate. The agent must comply within 30 days of the request, or within that 30 days provide a writing or other record substantiating why additional time is needed, and then must comply within an additional 30 days. Separately, Ark. Code Ann. 28-68-116(a) lets a broader group petition the court to construe the power of attorney or review the agent’s conduct: the principal or the agent; a guardian, conservator, or other fiduciary acting for the principal; a person authorized to make health-care decisions for the principal; the principal’s spouse, parent, or descendant; an individual who would qualify as a presumptive heir of the principal; a person named as a beneficiary to receive property, a benefit, or a contractual right on the principal’s death, or as a beneficiary of a trust created by or for the principal, having a financial interest in the principal’s estate; a governmental agency having regulatory authority to protect the welfare of the principal; the principal’s caregiver or another person who demonstrates sufficient interest in the principal’s welfare; and a person asked to accept the power of attorney.
Where to report	Arkansas Department of Human Services, Division of Aging, Adult, and Behavioral Health Services — Adult Protective Services (APS). Report by calling the statewide Adult and Long-Term Care Facility Maltreatment Hotline at 1-800-482-8049 (24 hours a day, 7 days a week; reporter identity is kept confidential). Non-emergency reports that do not require investigation within 24 hours may be submitted through the online reporting form on the APS website. URL: https://humanservices.arkansas.gov/divisions-shared-services/aging-adult-behavioral-health-services/adult-protective-services/
Hotline	1-800-482-8049 (Arkansas Adult and Long-Term Care Facility Maltreatment Hotline, DHS/APS). Arkansas Attorney General Consumer Protection Hotline: 1-800-482-8982 (scams and financial fraud affecting seniors; https://arkansasag.gov/divisions/public-protection/seniors/elder-abuse/).
Criminal offense	Financial exploitation of an endangered person or impaired person — Ark. Code Ann. 5-28-103(e) (Arkansas Adult Abuse Act, Title 5, Chapter 28), with “exploitation” defined at Ark. Code Ann. 5-28-101 as the illegal or unauthorized use, control, or misuse of an endangered or impaired person’s funds, assets, or property. Grading is by value: value of 2500 or more is a Class B felony (5 to 20 years imprisonment, fine up to 15000 under Ark. Code Ann. 5-4-401 and 5-4-201); value less than 2500 but more than 200 is a Class C felony (3 to 10 years imprisonment, fine up to 10000); value of 200 or less is a Class A misdemeanor (up to 1 year in jail, fine up to 2500). A POA agent who diverts an older principal’s money is squarely within this offense because the agent is a person in a position of trust with control of the funds.
Civil remedy	Ark. Code Ann. 28-68-117 — an agent who violates the Uniform Power of Attorney Act is liable to the principal or the principal’s successors in interest for the amount required to (1) restore the value of the principal’s property to what it would have been had the violation not occurred, and (2) reimburse the principal or the principal’s successors for attorney’s fees and costs paid on the agent’s behalf. Under Ark. Code Ann. 28-68-116(b) the circuit court may also, on petition, terminate the power of attorney, remove the agent, or order other relief. Arkansas does NOT have a statutory double- or treble-damages multiplier for elder financial exploitation in the POA act. Criminal restitution to the victim is available under Ark. Code Ann. 5-4-205. NONE STATED as to a disinheritance or slayer-type forfeiture rule triggered by financial exploitation (Arkansas’s slayer statute, Ark. Code Ann. 28-11-204, is limited to felonious killing).
Court that hears petitions	Arkansas Circuit Court, Probate Division, in the county where the principal resides (Arkansas circuit courts have five subject-matter divisions — criminal, civil, probate, domestic relations, and juvenile — since January 1, 2002, and the probate division hears petitions under Ark. Code Ann. 28-68-116 to construe a power of attorney, review the agent’s conduct, compel an accounting, remove the agent, or terminate the power of attorney, as well as guardianship petitions under Ark. Code Ann. 28-65-101 et seq.). Court locator: https://arcourts.gov/courts/circuit-courts

Warning Signs of Arkansas Power of Attorney Abuse

Power of attorney abuse rarely looks like theft at first. It looks like a new joint account, a car that was “gifted,” a house deed with a new name on it, a parent who suddenly cannot pay bills they always paid, or an agent who answers every question with “I’m handling it.” The common thread is money moving from the parent’s benefit to the agent’s benefit.

A power of attorney never authorizes that. In every state the agent is a fiduciary, which means the parent’s interests come first, and any gift to the agent has to be expressly allowed by the document.

The second sign is secrecy. An honest agent keeps receipts and can show them. An agent who refuses to share bank statements with the family, the parent’s other children, or a court is already breaking the duty to keep records that Arkansas law imposes. Refusal is not proof of theft, but it is the moment to act.

What an Agent Is Legally Required to Do in Arkansas

Ark. Code Ann. 28-68-114.

An agent who accepts appointment must: act in accordance with the principal’s reasonable expectations to the extent actually known, and otherwise in the principal’s best interest; act in good faith; act only within the scope of authority granted; act loyally for the principal’s benefit; act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest;

act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; keep a record of all receipts, disbursements, and transactions made on behalf of the principal; cooperate with a person who has authority to make health-care decisions for the principal; and attempt to preserve the principal’s estate plan to the extent actually known, if preserving the plan is consistent with the principal’s best interest.

Keeping the principal’s property separate from the agent’s own property is the practical effect of the loyalty and conflict-of-interest duties in 28-68-114(b); Arkansas does not state a separate free-standing commingling subsection.

Forcing an Accounting in Arkansas

The single most useful right in any Arkansas power of attorney abuse situation is the right to demand an accounting. Ark. Code Ann. 28-68-114(h).

An agent is not required to disclose receipts, disbursements, or transactions unless ordered by a court or requested by: the principal; a guardian; a conservator; another fiduciary acting for the principal; a governmental agency having authority to protect the welfare of the principal (Adult Protective Services); or, after the principal’s death, the personal representative or successor in interest of the principal’s estate.

The agent must comply within 30 days of the request, or within that 30 days provide a writing or other record substantiating why additional time is needed, and then must comply within an additional 30 days. Separately, Ark. Code Ann.

28-68-116(a) lets a broader group petition the court to construe the power of attorney or review the agent’s conduct: the principal or the agent; a guardian, conservator, or other fiduciary acting for the principal; a person authorized to make health-care decisions for the principal; the principal’s spouse, parent, or descendant; an individual who would qualify as a presumptive heir of the principal;

a person named as a beneficiary to receive property, a benefit, or a contractual right on the principal’s death, or as a beneficiary of a trust created by or for the principal, having a financial interest in the principal’s estate; a governmental agency having regulatory authority to protect the welfare of the principal; the principal’s caregiver or another person who demonstrates sufficient interest in the principal’s welfare;

and a person asked to accept the power of attorney.

A written demand, sent by a method that proves delivery, is usually step one. If the agent ignores it, the next step is a petition in Arkansas Circuit Court, Probate Division, in the county where the principal resides (Arkansas circuit courts have five subject-matter divisions — criminal, civil, probate, domestic relations, and juvenile — since January 1, 2002, and the probate division hears petitions under Ark. Code Ann.

28-68-116 to construe a power of attorney, review the agent’s conduct, compel an accounting, remove the agent, or terminate the power of attorney, as well as guardianship petitions under Ark. Code Ann. 28-65-101 et seq.). Court locator: https://arcourts.gov/courts/circuit-courts, which can order the records produced, suspend the agent, freeze accounts, and require repayment.

How to Report Arkansas Power of Attorney Abuse

Arkansas Department of Human Services, Division of Aging, Adult, and Behavioral Health Services — Adult Protective Services (APS). Report by calling the statewide Adult and Long-Term Care Facility Maltreatment Hotline at 1-800-482-8049 (24 hours a day, 7 days a week; reporter identity is kept confidential). Non-emergency reports that do not require investigation within 24 hours may be submitted through the online reporting form on the APS website. URL: https://humanservices.arkansas.gov/divisions-shared-services/aging-adult-behavioral-health-services/adult-protective-services/

Arkansas also runs a hotline: 1-800-482-8049 (Arkansas Adult and Long-Term Care Facility Maltreatment Hotline, DHS/APS). Arkansas Attorney General Consumer Protection Hotline: 1-800-482-8982 (scams and financial fraud affecting seniors; https://arkansasag.gov/divisions/public-protection/seniors/elder-abuse/)..

How to Revoke the Power of Attorney

Under Ark. Code Ann. 28-68-110(a)(3) a power of attorney terminates when the principal revokes it. Practical steps in Arkansas: (1) the principal, while having capacity, signs a written revocation identifying the original power of attorney by date and naming the agent — Arkansas practice is to sign it before a notary, matching the acknowledgment required for the POA itself under Ark. Code Ann.

28-68-105; (2) deliver actual written notice of the revocation to the agent and to every co-agent and successor agent — under Ark. Code Ann.

28-68-119 a third party may rely in good faith on a power of attorney until it has actual knowledge of the revocation, and an agent’s authority is not terminated as to an agent acting in good faith without actual knowledge (28-68-110(d)); (3) send written notice to every bank, brokerage, title company, insurer, nursing facility, and other third party that has the POA on file,

and ask each to confirm removal of the agent’s access in writing; (4) if the original power of attorney was recorded with the county circuit clerk (typical when the agent was given real-estate authority), record the revocation with the circuit clerk in the same county, and in every county where the POA was recorded — recording fees are set by county and generally run 15 to 50;

and (5) sign a new power of attorney naming a different agent if continued representation is wanted.

Notice to third parties is the step that actually stops transactions; the signed revocation alone does not, because good-faith reliance is protected until the third party has actual knowledge.

If the parent can no longer decide: Revocation is a personal act that requires contractual capacity, so a principal who has lost capacity generally cannot revoke a power of attorney in Arkansas. A power of attorney executed on or after January 1, 2012 is durable by default under Ark. Code Ann.

28-68-104, meaning it survives the principal’s incapacity — losing capacity does not end the agent’s authority and does not by itself stop an abusive agent. When the principal can no longer revoke, the remedies are: (1) a petition to the circuit court probate division under Ark. Code Ann.

28-68-116 by a spouse, parent, descendant, presumptive heir, beneficiary, caregiver, or a governmental agency protecting the principal, asking the court to review the agent’s conduct, compel an accounting, remove the agent, and terminate the power of attorney; and/or (2) a guardianship petition under the Arkansas guardianship statutes, Ark. Code Ann. 28-65-101 et seq.

Arkansas uses the terms “guardian of the person” and “guardian of the estate” rather than “conservator,” though Chapter 68 references conservators because it follows the uniform act’s wording. Under Ark. Code Ann.

28-68-110(a) the power of attorney also terminates when the principal dies, when the agent dies, becomes incapacitated, or resigns, and when the power of attorney provides that it terminates; whether a later-appointed guardian of the estate can revoke or must ask the court to do so is governed by Ark. Code Ann.

28-68-108, and the appointed fiduciary should obtain an express court order rather than assume the POA is automatically void. Check with the Arkansas circuit court probate division in the principal’s county or a licensed Arkansas attorney before acting.

Other Arkansas rules: (1) MANDATORY REPORTING — the Adult and Long-Term Care Facility Resident Maltreatment Act, Ark. Code Ann. 12-12-1701 et seq., makes a long list of professionals mandated reporters of suspected exploitation of an endangered or impaired adult under Ark. Code Ann.

12-12-1708, and that list expressly includes employees of banks and other financial institutions, plus any agent, investment adviser representative, or person serving in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. A mandated reporter who knowingly fails to report commits failure to report in the first degree, a Class B misdemeanor (Ark. Code Ann. 12-12-1720).

This means an Arkansas bank teller or financial adviser who sees a POA agent draining an older customer’s account is legally required to call 1-800-482-8049 — families can and should point this out to the institution.

(2) THIRTY-DAY ACCOUNTING CLOCK — Arkansas puts a hard 30-day deadline on an agent’s response to a proper disclosure request, extendable once by 30 more days only if the agent gives a written explanation (Ark. Code Ann. 28-68-114(h)). Missing that deadline is itself evidence for a 28-68-116 petition. (3) AGENT CERTIFICATION — Ark. Code Ann. 28-68-119(d) and the statutory certification form at Ark. Code Ann.

28-68-302 let a third party require the agent to sign a certification, under penalty of perjury, of the factual matters concerning the principal, the agent, and the power of attorney; a false certification exposes the agent to perjury liability. (4) FORCED ACCEPTANCE WITH EXCEPTIONS — Ark. Code Ann.

28-68-120 generally requires a person to accept an acknowledged statutory-form power of attorney within a reasonable time and creates liability for an unreasonable refusal, but it expressly permits refusal when the person has actual knowledge of the termination of the agent’s authority or of the power of attorney, or makes, or has actual knowledge that another person has made,

a report to Adult Protective Services stating a good-faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent.

That APS-report exception is the key Arkansas lever: once a good-faith APS report exists, a bank may lawfully stop honoring the power of attorney. (5) NO STATE BANK TRANSACTION-HOLD STATUTE — Arkansas has not enacted a NASAA-model statute giving broker-dealers or banks authority to place a temporary 15-day or 25-day disbursement hold on suspected elder financial exploitation; the operative Arkansas mechanism is mandated reporting plus the 28-68-120 refusal exception.

(6) Reports of maltreatment of an adult who does not reside in a long-term care facility go to the same 1-800-482-8049 hotline as facility reports, and reporter identity is confidential.

Mistakes That Make Arkansas Power of Attorney Abuse Harder to Undo

The first mistake is confronting the agent before securing the records. An agent who learns a family is asking questions can move money faster than a court can freeze it, so the demand for an accounting and the report to Adult Protective Services should come first, and any confrontation second. The second mistake is assuming the bank will help on its own.

Banks in Arkansas may hold suspicious transactions when they are told, but they rarely act on a hunch; a written notice from the family or a court order is what moves them.

The third mistake is treating the power of attorney as the whole story. Many agents also hold joint accounts, beneficiary designations, or a deed with survivorship rights that the document never granted. Those assets pass outside the estate and outside the court’s usual view, which is why the Arkansas power of attorney abuse petition should list every account the agent touched, not only the ones the POA named.

The last mistake is waiting for the parent to complain. A parent who depends on the agent for care almost never does.

What to Expect from Arkansas Power of Attorney Abuse Cases

Most Arkansas power of attorney abuse cases move in three stages. First the family gathers proof — statements, deeds, the power of attorney document itself — and sends a written demand for an accounting. Second comes the report to Adult Protective Services and, where the facts are criminal, to the police or the attorney general.

Third is the court petition, which is where accounts get frozen, agents get suspended, and money gets ordered back.

Families often wait because they do not want to accuse a sibling. The law does not require an accusation; a demand for records is a right, not an insult, and an honest agent can satisfy it in an afternoon.

The cost of waiting in any Arkansas power of attorney abuse situation is that money already gone is hard to recover, and a parent who loses capacity can no longer revoke the document themselves.

When it is time to call an elder-law attorney

When money is already missing or a bank has frozen an account in Arkansas, a lawyer can get an accounting order and an emergency freeze faster than a family can. Many offer a free first call, and the state bar’s lawyer referral service and free legal-aid offices are the no-cost starting points.

Key Takeaways: Arkansas Power of Attorney Abuse

The accounting demand is the lever: in most Arkansas power of attorney abuse cases the first real step is a written demand for the agent’s records, backed by the statute.
Report and petition at the same time: Adult Protective Services and the court run on separate tracks; every Arkansas power of attorney abuse case usually needs both.
Freeze before you argue: a bank hold or court order stops the bleeding while the Arkansas power of attorney abuse dispute is decided.
Capacity decides the path: if the parent can still sign, revoke the POA; if not, the Arkansas power of attorney abuse case turns into a guardianship case.
Keep every statement: bank records are the evidence in every Arkansas power of attorney abuse matter, and the agent is required by law to keep them.
Ask early: the agencies that handle Arkansas power of attorney abuse reports answer questions every day; a call costs nothing.
Gifts to the agent are the red flag: most Arkansas power of attorney abuse findings start with a transfer the document never authorized.
Joint accounts are not immune: a Arkansas power of attorney abuse petition should list every account the agent touched, not only the ones the POA named.
Revocation is one page: ending the document is the fastest Arkansas power of attorney abuse remedy when the parent still has capacity.
Criminal and civil run together: a Arkansas power of attorney abuse report to police does not stop the family from suing for the money.
Third parties can refuse the agent: once notified of a Arkansas power of attorney abuse concern, banks may decline the agent’s instructions.
Document the timeline: dates of transfers, diagnoses, and signatures decide a Arkansas power of attorney abuse case faster than opinions do.

Quick Answers: Arkansas Power of Attorney Abuse

Is Arkansas Power of Attorney Abuse a crime?

It can be. Most states treat financial exploitation of an older adult as a distinct offense, and the same conduct supports a civil claim for the money. A Arkansas power of attorney abuse report to Adult Protective Services or police does not prevent the family from also petitioning the court.

Who can stop Arkansas Power of Attorney Abuse?

The principal, if they still have capacity, can revoke the document. Otherwise a spouse, child, presumptive heir, guardian, or Adult Protective Services can ask the court to review the agent and order an accounting.

What proof does a Arkansas Power of Attorney Abuse case need?

Bank statements, the power of attorney document itself, deeds or account changes, and the dates. The agent is required to keep records, so a refusal to produce them is itself evidence.

Official Arkansas Sources & Resources

Arkansas Adult Protective Services: https://humanservices.arkansas.gov/divisions-shared-services/aging-adult-behavioral-health-services/adult-protective-services/
Arkansas Power of Attorney Statute: https://law.justia.com/codes/arkansas/title-28/subtitle-5/chapter-68/ (full text of Ark. Code Ann. 28-68-101 to 28-68-406; the official Arkansas Code is published through the Arkansas General Assembly’s code portal at https://www.arkleg.state.ar.us/ under “Arkansas Code,” which serves the text through a session-based viewer rather than a stable per-section .gov permalink)
Internal Revenue Service — Estate Tax: irs.gov
Cornell Legal Information Institute: law.cornell.edu/wex

This Arkansas guide was last verified against official sources in September 2026. Laws change — verify with your state court, Adult Protective Services, or a licensed attorney.

More Arkansas Estate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.

Arkansas Power of Attorney Abuse — What to Do, How to Report, How to Stop It (2026)