Arkansas End of Life Guide

Advance Directives 

Advance Directives are legal documents that allow you to make known your end-of-life care ahead of time. The state of Arkansas recognizes your right to decide the terms of your own medical treatment and to assign a person to make those decisions when you are not able to do so. 

Here are some important questions to consider before beginning this process:

• Is this document(s) state specific? No

• Does this document(s) need to be notarized? No

• Does this document(s) require witnesses? If so, how many? Yes / 2

• Can you legally use Aging With Dignity's 5 Wishes Doc? Yes

There is a single Advance Directive form for Arkansas that you can download by clicking the button below:

ARKANSAS ADVANCE DIRECTIVE FORM

(Source: Arkansas Legal Services)

Death with Dignity

Death with Dignity laws allow the dying more control of their death and end-of-life decisions. These laws allow terminally-ill, able-minded state residents to request and receive prescription medication to hasten their death.

In Arkansas, Death With Dignity legislation has not been passed nor submitted under a House or Senate bill.

Designated Funeral Agent

Arkansas law supports the appointment of a designated funeral agent to follow through on your written personal preferences (see below) or make funeral arrangements on your behalf if no written preferences are indicated.

Arkansas statute number § 20-17-102 states, "If you appoint a person to carry out the disposition of your body, you may either a) allow him or her to make all decisions regarding the disposition of your body or b) give him or her specific instructions to carry out." 

The appointment of a designated funeral agent will override the next-of-kin's usual authority and let the citizen designate whom he/she wants to control the disposition of his body.

ARKANSAS DESIGNATED FUNERAL AGENT FORM

Financial Assistance

The state of Arkansas does not provide burial or funeral assistance; assistance may be provided by the County.

See our Financial Assistance Chart for more details.

Home Funeral

Home funerals, or family led funerals, are 100% legal in Arkansas. Your family or appointed agent may care for the deceased and handle all your funeral arrangements and necessary paperwork (permits and certificates) without a funeral director: 

Check with the National Home Funeral Alliance for up-to-date details on how to navigate home funerals in Arkansas and when it is required to involve a licensed funeral director.

Personal Preference Law

Personal preference laws for body disposition obligate your survivors to follow your written [or verbal] personal preferences. This often goes hand-in-hand with designating a funeral agent to follow through with your funeral or body disposition preferences. 

In Arkansas, there is not a law obligating your survivors to follow your personal preferences. However, we always recommend outlining your funeral preference in writing and sharing them with your designated funeral agent, next-of-kin, or spouse, giving you the best chance of having them seen through or upheld in the courts.