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The Alaska statutory power of attorney is a statutory form of Alaska used by the grantor to authorize the attorney-in-fact to act on his/her behalf in his/her property and other related matters.
What is a Power of Attorney
You make a variety of decisions every day. If you sign a Power of Attorney, you give another
person (your agent) the right to make decisions for you and you give them the authority to carry the
decisions out. The form provided here is based upon the Alaska Statutes (AS 13.26.332-335) and it
can be tailored to meet your specific needs. For instance, you can grant your agent broad powers to
do almost anything you could do for yourself (general power of attorney) or you can pick and choose
the powers you want to give an agent (specific power of attorney). You can choose to appoint an
agent immediately or you can make the appointment effective only if you become disabled. You can
limit the time your agent will have power to act on your behalf or you can make the appointment
“durable,” which means your agent will have powers even if you become disabled. You can also
state that the appointment will be revoked upon your incapacity.
Please note, Alaska now has a separate law addressing health care advance directives.
Issues addressed include the designation of a health care agent, end-of-life treatment decisions
(living wills), mental health care treatment options, and organ donation (see AS 13.52). There is a
separate pamphlet and form titled the Alaska Advance Health Care Directive that should be used for
all health care related issues.
Section 1. Naming your agent.
It is critically important that you thoroughly trust the person you name in your Power of
Attorney. The authority you give as the “principal” can have a major impact on you. For instance,
your agent may sell your house, withdraw money from your accounts, or place you in a nursing home.
Unlike a guardian or conservator, a person acting with a Power of Attorney does not have to answer
to a court. There will be no formal oversight of your agent regarding the decisions he or she makes.
In addition, it is very important to make sure the agent understands what your wishes are. Therefore,
it is highly recommended that you discuss your wishes and desires with the person you name in your
Power of Attorney. However, as long as you are competent, you do have the right to revoke a Power
Section 2. Choosing which powers to grant on Power of Attorney form.
You do not have to give your agent authority for all of the powers listed in Section 2 of the Power of
Attorney form. You can limit which powers you give by crossing out any undesired provisions AND
putting your initials on the line in front of it. Any power (A-O) that is not crossed out
and initialed will
be granted to your agent. You can find more detailed information about what powers each provision
grants by asking an attorney or reading Alaska Statute Section 13.26.344.
You can name more than one person to act on your behalf. If you name more than one agent in
Section 1, you must mark the first or second statement in Section 3. Mark the first statement if you
want to allow each agent to make decisions without getting approval from the other. If you want both
agents to act together, jointly, mark the second sentence.
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