§ 20-6-116. Effect and interpretation of living wills
(a) If a living will entered into before October 1, 2013, was valid at the time of execution, it remains valid. (b) A living will entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter is valid. (c) A living will entered into on or […]
§ 20-6-117. Effect and interpretation of durable powers of attorney
(a) If a durable power of attorney for health care entered into before October 1, 2013, was valid at the time of execution, it remains valid. (b) A durable power of attorney for health care entered into on or after October 1, 2013, that evidences an intent that it is entered into under this subchapter […]
§ 20-6-113. Copies have same effect as originals
A copy of a written advance directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as the original.
§ 20-6-114. Presumptions not created — Death that results from withholding or withdrawal of health care does not constitute suicide, euthanasia, homicide, mercy killing, or assisted suicide
(a) This subchapter does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive. (b) Notwithstanding any term of an insurance policy or annuity to the contrary, a death resulting from the withholding or withdrawal of health care in accordance with this subchapter does […]
§ 20-6-115. Court jurisdiction
(a) A court of competent jurisdiction may enjoin or direct a healthcare decision or order other equitable relief on a petition of: (1) A principal; (2) A principal’s agent, guardian, or surrogate; (3) A healthcare provider or healthcare institution involved with the principal’s care; or (4) An individual described in § 20-6-106(b). (b) A proceeding […]
§ 20-6-101. Title
This subchapter shall be known and may be cited as the “Arkansas Healthcare Decisions Act”.
§ 20-6-102. Definitions
As used in this subchapter: (1) “Advance directive” means an individual instruction or a written statement that anticipates and directs the provision of health care for an individual, including without limitation a living will or a durable power of attorney for health care; (2) “Agent” means an individual designated in an advance directive to make […]
§ 20-6-103. Oral or written individual instructions — Advance directive for health care — When effective — Decisions based on best interest assessment — Out-of-state directives — Construction
(a) (1) (A) An adult, married minor, or emancipated minor may make healthcare decisions for himself or herself and give an individual instruction. (B) A person who is authorized to consent on behalf of a principal may make healthcare decisions for the principal and may give an individual instruction. (2) The instruction may be oral […]
§ 20-6-104. Revocation of designation of agent — Revocation of advance directive — Spouse as agent — Conflicts
(a) A principal having capacity may revoke all or part of an advance directive, including without limitation a living will, durable power of attorney for health care, or other document, at any time and in any manner that communicates an intent to revoke. (b) A decree of annulment, divorce, dissolution of marriage, or legal separation […]
§ 20-6-105. Designation of surrogate
(a) (1) An adult, married minor, or emancipated minor may designate an individual to act as surrogate by personally informing the supervising healthcare provider. (2) The designation may be oral or written. (b) A surrogate may make a healthcare decision for a principal who is an adult or emancipated minor only if: (1) The principal […]