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of Attorney Act effective January 1, 2012. One major change involves the issue of whether a power of attorney is durable or non-durable. Under current law a power of attorney is presumed non-durable unless it specifically says it is durable. That presumption is reversed by the Uniform Power of Attorney Act and a Power of Attorney will be presumed durable unless it specifically states it is non-durable. The new Uniform Act contains a statutory form which can be used and financial institutions are protected for recognizing a power of attorney in the statutory form. •Non-Testamentary Transfers of Vehicles and Motorboats (Act 335). The title to vehicles that are registered with the Department of Finance and Administration may be transferred upon death by use of a certificate of title with beneficiary. The title to motorboats may be transferred upon death by use of a certificate of number with beneficiary. •Statutory Foreclosures (Act 885). Effective July 27, 2011, additional requirements were imposed as conditions to initiating a statutory foreclosure action. Before the foreclosure action is initiated, the mortgagee or beneficiary must have personal knowledge
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of certain information and must provide the grantor, mortgagor or obligor with certain information. Also, the Act requires a certification before the foreclosure sale that each forbearance and loan modification applicant has been notified at least 10 days before the sale that the applicant does not qualify for the assistance requested. •Hunting Leased Farmland (Act 869). Effective July 27, 2011, a tenant of leased or rented farmland does not have a right to hunt or fish or to grant permission to hunt or fish on the farmland unless the owner grants authority. The act also lists a number of acts which may be performed in the course of the owner exercising his or her right to hunt or fish on the farmland. •Adoption Fraud (Act 697). This act creates the offense of defrauding a prospective adoptive parent. The offense is committed by knowingly obtaining a financial benefit from a prospective adoptive parent or his or her agent with the purpose to defraud and not consenting to the adoption or completing the adoption process. •Aggravated Assault on a Certified Law Enforcement Officer (Act 277). Ark. Code Ann. § 5-13-211 has provided for the criminal offense of aggravated assault on an employee
of a correctional facility for throwing, tossing, expelling or otherwise transferring certain bodily fluids. This act extends the criminal offense to engaging in those actions in connection with a certified law enforcement officer. •Cyberbullying (Act 905). Transmitting, sending or posting a communication by electronic means with the purpose to frighten, coerce, intimidate, threaten, abuse, harass, or alarm another person constitutes the Class B misdemeanor of cyberbullying if the transmission was in furtherance of severe, repeated, or hostile behavior toward the person to whom the transmission was made. The Act became effective July 27, 2011. •Filing a False Instrument Affecting Title (Act 172). Under Ark Code Ann. § 5-37-226 it has been a Class A misdemeanor to file a false instrument affecting title or an interest in real property with the intent to cloud the title. This Act amends § 5-37-226 to make a second offense a Class D felony. It also makes the first offense a Class C felony if the action is taken because of the victim’s performance of his or her official duties and the victim is a specified official such as a judge. •Orders of Protection/Affirmative Offense (Act 810). This act amends the laws regarding the violation of orders of protection