Arkansas · Snapshot open-us-law v2026.08, retrieved 2026-09-17

Ark. Code Ann. § 28-73-601: Capacity of settlor of revocable trust

(a) The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. (b) Notwithstanding subsection (a), action taken by an agent under a power of attorney to create, amend, revoke, add property to a revocable trust, or direct the actions of a trustee of a revocable trust is valid if the: (1) power of attorney expressly grants the agent the authority to perform the action; and (2) settlor had the capacity to take the action at the time the power of attorney was executed. Amended by Act 2021, No. 804,§ 5, eff. 7/28/2021. Acts 2005, No. 1031, § 1.

(a) The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.

(b) Notwithstanding subsection (a), action taken by an agent under a power of attorney to create, amend, revoke, add property to a revocable trust, or direct the actions of a trustee of a revocable trust is valid if the: (1) power of attorney expressly grants the agent the authority to perform the action; and (2) settlor had the capacity to take the action at the time the power of attorney was executed.

(1) power of attorney expressly grants the agent the authority to perform the action; and

(2) settlor had the capacity to take the action at the time the power of attorney was executed.

Where this section sits in the code

AR Code
Title 28
Chapter 73
Subchapter 6

(a) The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.

(1) power of attorney expressly grants the agent the authority to perform the action; and

(2) settlor had the capacity to take the action at the time the power of attorney was executed.

Collected 2026-09-17T21:35:43Z. Source file · JSON

Compilation CC BY 4.0, Open US Law (Vaquill AI). GroundRules uses only the releases published under CC BY 4.0: from v2026.09 the compilation is licensed CC BY-NC 4.0, and GroundRules does not use those releases. Each affected row names its release in its vintage label. GroundRules parsed and filtered the compilation to retain enacted text. Source · License

Arkansas electronic product files were republished by Public.Resource.Org under a public-domain mark. GroundRules uses enacted text from Release 78 only as a labeled supplement to the newer Open US Law rows. Source

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