Advance Directives Are Binding - Arkansas Attorney General Opines

Advance directives are binding in all U.S. jurisdictions. Noncompliance by clinicians and healthcare entities regularly leads to regulatory monetary penalties and civil liability. Moreover, advance directives are also binding on healthcare agents, surrogates, and guardians.  

Consistent with this long line of statutory, regulatory, and judicial authority; the Arkansas Attorney General recently formally opined: "State, guardians, healthcare providers, and institutions are generally required to honor a valid advance directive, unless a court order or statutory exception applies to a specific healthcare decision." (Op. No. 2026-070, Sept. 9, 2026).