Living Wills & Advance Directives Protecting Your Assets, Securing Your Future

Living Wills & Advance Directives in Arkansas

Elder Law Planning That Goes Beyond the Standard Form

A living will is a written document that tells healthcare providers how you want to be treated if you become terminally ill or permanently unconscious and can no longer speak for yourself. It’s not the same as a last will and testament, which governs asset distribution after death. These are entirely different documents that serve entirely different purposes, and confusion between the two is one reason many Arkansas families put off completing either one.

At AAPG Law, we’ve helped thousands of Arkansans with estate and long-term care planning since 2013. We draft living wills and advance directives as part of a broader elder law practice, which means these documents are built to work alongside asset protection strategies and Medicaid planning rather than as standalone forms. Our legal team brings more than 30 years of combined experience, and we’re available in person at offices in Cabot, Rogers, Little Rock, Fort Smith, and Fayetteville or fully remote if that works better for you.

Ready to put your healthcare wishes in writing? Call us at (888) 635-9081 or schedule a free initial consultation online to get started.

What Makes a Living Will Valid in Arkansas

Arkansas living wills are governed by Ark. Code Ann. § 20-17-201 et seq., known as the Rights of the Terminally Ill or Permanently Unconscious Act. To be legally valid, the person signing must be at least 18 years old and of sound mind at the time of execution. Under Ark. Code Ann. § 20-6-103, an advance directive must be either signed before a notary public or witnessed by two qualifying adults. Either approach satisfies the execution requirement.

Witness requirements are specific. Two adult witnesses must sign, and they can’t be related to you by blood, marriage, or adoption. They can’t be heirs to your estate, financially responsible for your care, or employees of the healthcare facility treating you. Arkansas also requires a physical signature. Electronic signatures aren’t accepted under current state law.

You can revoke a living will at any time through a written statement, by physically destroying the document, or by telling a healthcare provider verbally. Arkansas physicians are legally required to follow a valid living will or arrange transfer to a provider who will.

Arkansas provides an optional statutory form, but a custom attorney-drafted document is equally valid and can address specific treatment preferences, personal values, and situations a standard form doesn’t anticipate. That flexibility matters when your healthcare wishes are more nuanced than a checkbox can capture.

Understanding Your Advance Directive Options in Arkansas

In Arkansas, “advance directive” is the umbrella term that can cover two distinct instruments in a single combined document: a living will and the appointment of a health care agent. Understanding what each one does helps you make intentional choices rather than defaulting to a form.

The Living Will Component

The living will portion speaks directly to healthcare providers. It records your preferences on specific medical interventions, including ventilators, artificial nutrition and hydration, CPR, dialysis, pain management, and organ donation. When a situation arises that matches your written instructions, providers follow the document. This removes that burden from your family during an already difficult time.

The Health Care Agent Appointment

A health care proxy, also called a durable power of attorney for health care, names a trusted person to make medical decisions on your behalf in situations your living will doesn’t specifically address. The two instruments work together: the living will sets your written instructions; the health care agent interprets your wishes when circumstances weren’t anticipated. Not everyone is eligible to serve in this role under Arkansas law, and confirming eligibility before naming someone is an important step an attorney can handle correctly.

Arkansas does have an AR POLST (Physician Orders for Life-Sustaining Treatment) program, administered through the Arkansas Department of Health. AR POLST is a physician order designed for individuals with serious illness or frailty, and it complements the advance directive rather than replacing it. For most adults, the advance directive remains the foundational document. It’s one that everyone should have in place regardless of health status.

How Advance Directives Fit Into Elder Law & Medicaid Planning

For families navigating long-term care planning or a Medicaid application, advance directives aren’t a separate task. They’re part of the same conversation. When a loved one is transitioning into a care facility or you’re working through Medicaid eligibility, having these documents already in place can remove a significant source of uncertainty during an already stressful transition.

A living will and health care proxy address the healthcare decision side of incapacity planning. They complement the financial side, which typically includes powers of attorney, Medicaid planning documents, trusts, and asset protection strategies. We prepare the full range of documents that intersect with long-term care: wills, trusts, powers of attorney, deeds, contracts, and annuities. CEO Benjamin Jones brings a background in wealth management that informs how our team approaches asset protection alongside legal document preparation.

Drafting advance directives within an elder law engagement lets us look at how these documents interact with a client’s broader care coordination plan. That integrated view is what distinguishes this work from filling out a form.

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Hear From Families We've Helped

Our clients often say our services seemed too good to be true—until they saw the results. Read how we’ve helped families like yours protect their assets and plan for long-term care.

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I had a very good experience with AAPG. Their staff is very helpful. Prompt on returning calls, and all staff have been very nice and helpful. I would highly recommend this business if you need help with finances for nursing home placement.

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I didn't know where to start. I was grateful to learn about AAPG. I was at a loss and AAPG has been fantastic. They took the burden off my shoulders and I have already referred them to many families.

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I am thrilled that I didn't have to give up half of everything we owned to the nursing home. At the time, I didnt feel well and was so happy to have help regarding the Medicaid application. AAPG was a lot of help transferring and protecting property. I couldn't have completed the process alone, especially the way I was feeling.

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Why Arkansas Families Work With AAPG Law

Our practice centers on elder law and estate planning, which means advance directives aren’t an add-on. They’re a core part of how we help clients prepare for whatever comes next. Firms that handle only general estate planning may treat these documents as standard forms. We draft them with your long-term care needs and Medicaid planning already in view.

Attorney Steven Underwood has more than 20 years of legal experience, and our legal team collectively brings more than 30 years to this work. Clients have described our team as having “handled everything” during a difficult time and called us a “life-saver.” We’ve maintained an A+ rating with the Better Business Bureau since 2014.

Every engagement starts with a free initial consultation to review your situation before you commit to anything. From there, we follow a structured five-step approach that gives you a clear path forward at each stage, from information gathering through document execution. Every step is transparent, and you won’t be managing paperwork on your own.

We serve clients throughout Arkansas with in-person appointments at five offices, and our fully remote option means distance isn’t a barrier. If you’re homebound, managing a loved one’s care, or simply prefer to handle things from home, we can work with you that way.

Trusted Support for Families

For decades, families have trusted us to help them make informed decisions about their future with clarity and confidence.
Personalized Legal Guidance

Every situation is unique, and we take the time to understand your needs, offering tailored solutions for long-term care and estate planning.
Simplifying Medicaid Planning

Navigating Medicaid can be complex, but we handle the paperwork and planning so you can focus on what matters most.
Asset Protection That Works

We help you safeguard your savings, home, and other assets while ensuring you or your loved ones receive the care needed.

Take the First Step Toward Protecting Your Future

Planning for long-term care and asset protection doesn’t have to be overwhelming. Let AAPG Law guide you through the process with clarity and confidence. Contact us today to schedule your free consultation.

Reach Out

Start With a Free Consultation

If you don’t have a living will or advance directive in place, now is a straightforward time to change that. We can review your situation, answer your questions, and explain how these documents fit into your broader planning picture, all at no cost for the initial conversation.

We serve clients across Arkansas with offices in Cabot, Rogers, Little Rock, Fort Smith, and Fayetteville, and a fully remote option for those who prefer it. Call (888) 635-9081 to schedule your free consultation today.

What to Expect When We Draft Your Advance Directive

Our five-step process starts with an intake call, moves through an information-gathering meeting, a proposal, and a contract review, and concludes with our team managing document preparation and execution. You don’t handle the paperwork. We gather, prepare, and execute the documents so the process is handled correctly without that burden falling on you.

Virtual meetings are available throughout if in-person isn’t practical. Once your advance directive is executed, we can walk you through distributing it to your healthcare providers, your named health care agent, and family members who may need to act on it so the document is accessible when it matters most.

Life changes. Marriage, divorce, a new diagnosis, or a shift in your wishes are all appropriate reasons to revisit an advance directive. Arkansas law allows revocation at any time through a written statement, physical destruction of the document, or verbal notice to a healthcare provider. We offer ongoing support for updates as your circumstances evolve.

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Take the First Step Toward Peace of Mind

Call us at (888) 635-9081 or fill out the form below to get started.

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