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.