Arkansas Living Wills: Requirements, Rights, and Practical Steps
Understand Arkansas living will laws, who can make one, how to execute it properly, and how it works with medical care and other advance directives.
A living will in Arkansas allows you to decide in advance what medical treatments you want—or do not want—if you are terminally ill or permanently unconscious and cannot communicate your wishes. Living wills are a core part of advance care planning and are recognized and regulated under Arkansas law.
This guide explains, in clear language, how Arkansas living wills work, who can make one, what the legal requirements are, how they can be revoked, and how they interact with doctors and other states’ laws.
1. What Is an Arkansas Living Will?
Under Arkansas law, a living will (often called a health care directive or advance directive) is a written document in which a person states their wishes about life-prolonging medical treatments if they become terminally ill or permanently unconscious and cannot make decisions at that time.
Key features of an Arkansas living will include:
- It applies while you are still alive but unable to express your wishes.
- It focuses on whether to accept or refuse life-prolonging medical interventions when death is near or you are permanently unconscious.
- It does not prevent the use of measures to relieve pain or suffering.
- It can be used alongside a health care proxy or medical power of attorney that appoints someone to make decisions for you.
Arkansas law refers to these documents in the context of the rights of terminally ill or permanently unconscious patients and sets out specific rules that doctors and hospitals must follow when a valid living will exists.
2. Who Can Make a Living Will in Arkansas?
Arkansas law is fairly open about who may make a living will. Any person who meets these requirements may make a binding declaration:
- Age: At least 18 years old.
- Mental capacity: Of sound mind at the time of signing (meaning able to understand the nature and effects of the document).
- Voluntariness: Acting voluntarily, without coercion or undue influence.
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It does not matter whether you are healthy, have a chronic illness, or are already facing serious medical issues. What matters is that, at the time you sign, you understand what the document does and you are making the decision freely.
3. Medical Situations Covered by an Arkansas Living Will
An Arkansas living will focuses on serious end-of-life situations, namely when a person is:
- Terminally ill: Suffering from an incurable condition that will result in death within a relatively short time even with treatment.
- Permanently unconscious: In a lasting state of unconsciousness with no reasonable expectation of regaining awareness.
In those circumstances, a living will lets the patient decline what Arkansas law calls life-prolonging acts—medical procedures or interventions that would serve only to prolong the dying process or maintain the person in a condition of permanent unconsciousness.
Examples of life-prolonging acts may include, depending on the medical situation:
- Mechanical ventilation (breathing machines)
- Cardiopulmonary resuscitation (CPR)
- Certain forms of dialysis or surgery that only delay death
- Feeding tubes or artificial hydration, if consistent with the living will’s instructions
However, Arkansas law distinguishes these from measures aimed at comfort and pain relief. A living will cannot be used to require the withdrawal of treatment solely intended to alleviate pain, nor can it mandate stopping the normal consumption of food and water by mouth.
4. Legal Requirements for a Valid Arkansas Living Will
To be legally valid, an Arkansas living will must comply with specific statutory requirements. These requirements are meant to ensure the document is authentic, voluntary, and clear.
| Requirement | What Arkansas Law Expects |
|---|---|
| Age and capacity | Declarant must be at least 18 years old and of sound mind when signing. |
| Written form | Living will must be in writing; verbal statements alone are not enough. |
| Signature | Must be signed by the declarant (or by another person at the declarant’s direction if allowed and clearly indicated). |
| Witnesses or notary | Typically requires two adult witnesses, or a notary; at least one witness must not be related and must not be an heir or beneficiary. |
| Content | Must clearly address the acceptance or refusal of life-prolonging treatment in qualifying medical situations. |
In practice, most people use a form based on Arkansas statutes or one provided by a hospital, attorney, or the Arkansas Department of Health. These forms are designed to meet the legal requirements and to clearly express your wishes.
4.1 Witness Rules and Disqualifications
Arkansas law and common practice place limits on who may serve as a witness to your living will. Typically, witnesses should:
- Be at least 18 years old.
- Be mentally competent.
- Not be a person who stands to inherit from you or benefit financially from your estate, at least for one of the two witnesses.
- Not be the person you have named as your health care agent or proxy.
These rules reduce the risk that someone with a financial or decision-making interest could be seen as pressuring you to sign.
5. Revoking or Changing an Arkansas Living Will
Arkansas makes it relatively easy to revoke or change a living will. The declarant (the person who made the document) may revoke it “at any time, in any manner,” regardless of their mental or physical condition, as long as the revocation is communicated.
Common methods of revocation include:
- Physically destroying the document (tearing, burning, or otherwise permanently defacing it).
- Signing a written revocation statement.
- Creating a new living will that clearly replaces the prior one.
- Verbally telling the attending physician that you revoke your living will.
A revocation becomes effective when it is communicated to the attending physician or other health care providers. For that reason, if you revoke or replace your living will, you should promptly:
- Inform your doctor and ask them to update your medical record.
- Tell your hospital, if you have one on file there.
- Notify your family and your health care proxy.
- Collect and destroy old copies where possible.
6. How Physicians Must Respond to an Arkansas Living Will
Once a valid living will comes into play and the medical conditions described in it are met, Arkansas law expects physicians to treat it as a binding expression of the patient’s wishes.
6.1 Duty to Follow the Patient’s Choices
When a living will is valid and applicable, the attending physician should either:
- Comply with the instructions in the living will in accordance with reasonable medical standards; or
- If unwilling to do so for reasons of conscience or policy, promptly transfer the patient’s care to another physician who will honor the directive.
Physicians who follow a living will in good faith and in accordance with accepted medical practices receive statutory immunity from civil, criminal, and professional discipline for those actions. This protection encourages providers to respect patient autonomy while still practicing responsibly.
6.2 When a Physician Disagrees
A doctor may have ethical, religious, or professional objections to withholding or withdrawing certain treatments. Arkansas law does not force that doctor to violate their conscience, but it does require them to take reasonable steps to transfer the patient to another physician who will follow the living will as soon as practicable.
7. Arkansas Living Wills and Other States
People often worry about what happens if they sign a living will in one state and later move or travel to another. Arkansas law addresses this by recognizing certain out-of-state directives.
In general:
- A living will validly executed in another state under that state’s law will typically be treated as valid in Arkansas, as long as it is consistent with Arkansas requirements.
- Likewise, Arkansas living wills that clearly express intent and comply with Arkansas statutes can be effective as “individual instructions,” even if not labeled precisely under Arkansas’s subchapter, especially for documents created after key legislative dates.
However, medical facilities in a new state may be more familiar with their own forms, so many people choose to update their advance directives after moving.
8. Living Wills, Health Care Proxies, and Powers of Attorney
A living will is one part of a broader advance care planning framework. In Arkansas, people commonly use the following tools together:
- Living will / health care directive – States your wishes about life-prolonging treatment in end-of-life scenarios.
- Health care proxy (health care agent) – Names a trusted person to make medical decisions when you cannot, potentially on issues not fully addressed in the living will.
- Durable power of attorney for health care – A broader legal document granting someone authority to make various medical decisions on your behalf.
Arkansas hospitals and legal aid materials emphasize that naming a health care proxy can help fill gaps left by the written living will, especially for treatments or technologies you did not anticipate when drafting the document.
9. Practical Steps to Create an Arkansas Living Will
Although you are not required to use a lawyer, many Arkansans choose to consult one, particularly if their wishes are complex or if they want to coordinate their living will with an overall estate plan. Official and hospital-based forms are also available.
9.1 Recommended Process
- Reflect on your values and goals
Think about what “quality of life” means to you, how aggressive you want medical interventions to be in a terminal situation, and under what circumstances you would prefer comfort-focused care instead of life-prolonging treatments.
- Talk with your doctor
Discuss likely scenarios given your health, the kinds of treatments that might be offered, and what outcomes are realistic. Medical providers can explain terms like “ventilator,” “feeding tube,” or “resuscitation” so you can make informed choices.
- Choose a health care proxy (optional but recommended)
Consider appointing someone you trust to speak for you in situations not fully covered by your living will. Make sure they are willing and able to carry out your wishes, even under pressure.
- Complete an Arkansas-compliant form
Use a form from a reliable source, such as an Arkansas hospital, the Arkansas Department of Health, the Arkansas National Guard legal assistance office, or a licensed Arkansas attorney.
- Sign in the presence of witnesses (and consider notarization)
Sign the document while you are of sound mind. Arrange for two adult witnesses who meet Arkansas requirements, and consider notarization as an added layer of authenticity.
- Distribute and store copies
Provide copies to your primary care physician, local hospital, health care proxy, and close family members. Ask that it be placed in your medical record.
- Review periodically
Revisit your living will after major life events—illness, marriage, divorce, or moving—to ensure it still reflects your wishes. Update and revoke prior copies as needed.
10. Common Questions About Arkansas Living Wills
10.1 Do I need a lawyer to make a living will in Arkansas?
No. Arkansas law does not require a lawyer for a living will to be valid, as long as you follow the statutory requirements for age, mental capacity, writing, signatures, and witnesses. However, legal advice can be helpful if you have complex medical or family circumstances.
10.2 Can my family override my living will?
Generally, no. A valid, applicable living will represents your legal instructions about your medical care, and physicians are expected to follow it or transfer you to someone who will. In practice, involving your family in the planning process reduces conflict and confusion at critical times.
10.3 Does a living will cover pain medication?
No, not in the sense of restricting pain relief. Arkansas law specifies that declining life-prolonging treatment does not include withholding medication or interventions that alleviate pain or provide comfort. Even if you refuse certain life-extending measures, you can still receive pain management and comfort care.
10.4 What about food and water?
Arkansas law distinguishes “normal consumption of food and water” from artificial nutrition and hydration. A living will often addresses whether you want artificial means (like feeding tubes) to be used or withdrawn if they only prolong the dying process. State forms may require you to state your wishes about artificial nutrition and hydration separately.
10.5 Are older Arkansas living wills still valid?
Yes, as long as they were valid when executed. Arkansas statutes provide that a living will entered into before certain legislative changes remains valid if it complied with the law at the time. Newer directives that express intent to be governed by current Arkansas law are also valid.
10.6 What if I change my mind after I lose capacity?
If you are no longer able to communicate reliable decisions, your previously executed living will generally governs. This is why Arkansas law allows you to revoke or modify your living will at any time and in any manner while you can still express your wishes.
References
- Arkansas Living Wills Laws — FindLaw. 2023-05-01. https://www.findlaw.com/state/arkansas-law/arkansas-living-wills-laws.html
- Arkansas Living Will Templates — FormSwift / Arkansas Code summary. 2022-08-10. https://formswift.com/arkansas-living-will
- Living Wills under Arkansas Law — Arkansas National Guard Office of Legal Assistance. 2018-09-05. https://media.defense.gov/2018/Sep/05/2001962063/-1/-1/1/JAG_LIVINGWILLS.PDF
- Living Will / Healthcare Proxy — Jefferson Regional Medical Center (JRMC). 2021-06-30. https://www.jrmc.org/patients-visitors/living-will-healthcare-proxy/
- Effect and Interpretation of Living Wills, Ark. Code § 20-6-116 — Justia / Arkansas Code. 2024-01-01. https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-6/subchapter-1/section-20-6-116/
- Arkansas Living Will Information — Rocket Lawyer. 2022-11-15. https://www.rocketlawyer.com/family-and-personal/health-and-medical/healthcare-decisions/document/living-will/ar
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