2014 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 6 - General Provisions
Subchapter 1 - Arkansas Healthcare Decisions Act
§ 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) An adult or emancipated minor may give an individual instruction.
(2) The instruction may be oral or written.
(3) The instruction may be limited to take effect only if a specified condition arises.
(b) (1) An adult or emancipated minor may execute an advance directive for health care that authorizes the agent to make a healthcare decision that the principal could make if he or she had capacity.
(2) An advance directive shall be in writing and signed by the principal.
(3) An advance directive shall be either notarized or witnessed by two (2) witnesses.
(4) For the purposes of this subsection a witness shall be a competent adult who is not the agent and at least one (1) of whom is not related to the principal by blood, marriage, or adoption and who would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the advance directive or by operation of law.
(5) A written advance directive that is witnessed shall contain an attestation clause that attests that the witnesses comply with this subsection.
(6) An advance directive remains in effect notwithstanding the principal's last incapacity and may include individual instructions.
(7) An advance directive may include the principal's nomination of a guardian of the principal.
(c) Unless otherwise specified in an advance directive, the authority of an agent becomes effective only upon a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has recovered capacity.
(d) (1) If necessary, the designated physician shall determine whether a principal lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent.
(2) In making a determination under subdivision (d)(1) of this section, the designated physician may consult with other persons as he or she deems appropriate.
(e) (1) An agent shall make a healthcare decision in accordance with the principal's individual instructions and other wishes to the extent known to the agent.
(2) (A) In the absence of individual instructions or other information, the agent shall make the decision in accordance with the agent's determination of the principal's best interest.
(B) In determining the principal's best interest, the agent shall consider the principal's personal values to the extent known to the agent.
(f) A healthcare decision made by an agent for a principal is effective without judicial approval.
(g) An advance directive that is executed outside of this state by a nonresident of this state shall be given effect in this state at the time of execution if the advance directive complies with either this subchapter or the laws of the state of the principal's residence.
(h) A healthcare provider, healthcare institution, healthcare service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan shall not require the execution or revocation of an advance directive as a condition of the principal's being insured for or receiving health care.
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