Arkansas § 28-73-601 Capacity of settlor of revocable trust

Arkansas Statutes

§ 28-73-601 — Capacity of settlor of revocable trust

Arkansas § 28-73-601

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This text of Arkansas § 28-73-601 (Capacity of settlor of revocable trust) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 28-73-601 (2026).

Text

(a)The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.

(b)Notwithstanding subsection (a), action taken by an agent under a power of attorney to create, amend, revoke, add property to a revocable trust, or direct the actions of a trustee of a revocable trust is valid if the:

(1)power of attorney expressly grants the agent the authority to perform the action; and (2) settlor had the capacity to take the action at the time the power of attorney was executed.

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(a) The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. (b) Notwithstanding subsection (a), action taken by an agent under a power of attorney to create, amend, revoke, add property to a revocable trust, or direct the actions of a trustee of a revocable trust is valid if the: (1) power of attorney expressly grants the agent the authority to perform the action; and (2) settlor had the capacity to take the action at the time the power of attorney was executed.