Alaska Power of Attorney Forms

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Power of Attorney for Alaska

A power of attorney allows an agent to act on your behalf based on the terms of the document, whether a General Power of Attorney, Limited Power of Attorney, Child Care Power of Attorney or others.

Alaska Power of Attorney Laws

Alaska POA Laws: Alaska Statutes, Title 13, Chapter 26, Article 5 (Powers of Attorney).

Signing: You must sign and have your signature notarized by a notary using the proper acknowledgment.

What is a POA under Alaska Law: A legal document you sign that authorizes a person to act on your behalf.

Maker of POA: You are called the Principal.

Agent: The person you appoint is called your Agent or Attorney-in-Fact.

Responsibility of Agent: If the Agent abused his or her authority, (1) the agent must restore the value of the principal's property to what it would have been had the violation not occurred; and (2) reimburse the principal or the principal's successors in interest for the attorney fees and costs paid on the agent's behalf. Alaska Stat. 13.26.605 Agent's acceptance and liability.

Durable: A durable power of attorney continues to be effective even if the principal is disabled or incapacitated.

When the POA is durable, he agent's acts when the principal is incapacitated will have the same effect as if the principal was not incapacitated.

Termination:A power of attorney terminates when (1) the principal dies; (2) there is an incapacity of the principal, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose of the power of attorney is accomplished; or (6) the principal revokes the agent's authority, there is an incapacity of the agent, the agent dies, or the agent resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

Resignation of Agent: Unless the POA provides otherwise about how an agent resigns, an agent may resign by giving notice to the principal and, if there is an incapacity of the principal, to the conservator or guardian, if one has been appointed.

Pubic Home Care Provider: A public home care provider may not accept a designation as agent by general or special power of attorney for an individual to whom the provider furnishes services unless the designation is held jointly with another individual who is not a public home care provider. Alaska Stat. 13.26.630 Powers of attorney held by public home care providers.

Relief by Court: Certain people may file a petition in court to construe a power of attorney, review the agent's conduct, and grant appropriate relief. Those people include: (1) the principal or the agent; (2) the principal's attorney or other legal representative; (3) a guardian, conservator, or other fiduciary acting for the principal; (4) a person authorized to make health care decisions for the principal; (5) the principal's spouse, parent, or descendant; (6) an individual who would qualify as a presumptive heir of the principal; (7) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate; (8) the Department of Health and Social Services, the Department of Administration, the office of the long term care ombudsman, or other governmental agency having statutory authority to protect the welfare of the principal; (9) the principal's caregiver, custodian, or another person that demonstrates sufficient interest in the principal's welfare; and (10) a person asked to accept the power of attorney. (b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney. Alaska Stat. 13.26.635 Judicial relief.

Conservator If a conservator is appointed, the agent acts for the Conservator. The Conservator can terminate or revoke the POA.

Third PartiesIf third parties and the agent act before actual knowledge of the termination or revocation of the POA the actions are still effective.

Death: Death of the Principal terminates the POA.

Disability of Principal: Disability is established by an affidavit of two physicians of similar qualification after examining the principal.

General Power of Attorney

Q: What is a General Power of Attorney

A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

Living Will and Health Care Power of Attorney

Q: What is a Living Will and Health Care Power of Attorney?

A: A Health Care Power of Attorney is a legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself. In other words it names someone who stands in your shoes and tells the doctors what to do or what not do for you.

A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patientís life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.

Limited or Special Power of Attorney?

Q: What is a limited or special power of attorney?

A: A Limited power of attorney is one which is limited to a specific act or particular purpose. It is also referred to as special power of attorney. A limited power of attorney allows the Principal to give only specific powers to the agent.

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