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National Notary Association

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AR Senate Bill 1013

Legislation

State: Arkansas
Signed: April 16, 2013

Effective: July 19, 2013
Chapter: Act No. 1264

Summary

Senate Bill 1013 requires an advance health care directive to either be notarized or witnessed by two witnesses.

Affects

Adds Sections 20-6-101 through 20-6-118 to the Arkansas Code.

Changes
  1. Provides that an advance health care directive shall be in writing, signed by the principal, and either notarized or witnessed by two witnesses.
  2. Provides a statutory advance health care form. (Note: the form contains two parts, the “Advance Care Plan” and “Appointment of Agent,” and each part contains separate acknowledgment certificates. Click on the link to the bill text below to view the forms at the end of the bill.)
Analysis
The NNA tracks legislation such as Senate Bill 1013 that permits or requires advance health care directives to be acknowledged before a Notary Public. Senate Bill 1013 does not require notarization, but allows it as one of two ways to properly execute the directive. The statutory form actually contains two parts and each part must be individually signed, and either notarized or witnessed. So, if a Notary is asked to notarize the directive, two notarial acts must be performed.
 
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