AR Senate Bill 1013 | NNA
Law

AR Senate Bill 1013

Notary Law Update: AR Senate Bill 1013

State: Arkansas

Summary:

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

Signed:  April 16, 2013

Effective:  July 19, 2013

Chapter: Act No. 1264

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 Bill Text Above 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. SB 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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