An Alaska medical power of attorney (also known as an advance healthcare directive) provides an individual (the principal) with the right to grant another person (the agent or surrogate) the authority to make health care decisions on their behalf should they become incapacitated.
Laws: Alaska Statutes Title 13 Chapter 52 governs the creation of medical powers of attorney in Alaska.
After creating your medical power of attorney, you may benefit from creating the following related documents:
- Living Will: This document allows you to declare your preference related to your medical care including determinations surrounding your healthcare provider should you become incapacitated.
- Alaska (Financial) Power of Attorney: This document allows you to designate another person to make decisions on your behalf regarding your money and property as if if you were making those decisions. This includes decisions related to purchasing and disposing of assets.
How to Fill in a Medical Power of Attorney in Alaska
Step 1: Choose an Agent
Who should you choose as an agent?
You can choose any adult as your healthcare agent or surrogate.
Who can’t be your agent?
Your agent may not be an owner, operator, or employee of the facility where you are receiving care, unless that individual is related to you by blood, adoption, or marriage.
Can you have more than one agent?
Yes, you can name more than one agent in an Alaska medical power of attorney.
Relevant Law: Section 13.52.030
Step 2: Specify What Healthcare Decisions Your Agent Can Make
Unless you limit the powers of your agent, they’ll be able to make significant healthcare decisions on your behalf including the right to refuse treatment.
Can you limit your agent’s powers?
Yes, you can limit your agent’s powers.
You can include instructions within the medical power of attorney that state what decisions their agent may make and the duration for which they can be made.
This includes but is not limited to the initiation or withdrawal of life-sustaining procedures.
Relevant Law: Sections 13.52.010 and 13.52.045
What is your agent legally able to do?
Unless otherwise specified within the terms of your Alaska medical power of attorney, your agent would be able to make any medical decisions that you could make on your own, including having access to all of your medical records.
Relevant Law: Section 13.52.010
What is your agent legally unable to do?
An agent may not make healthcare decisions that include the following, unless those medical procedures are necessary to sustain the life of the principal or to aid in avoiding serious medical complications:
- Psychosurgery
- Removal of bodily organs
- Sterilization, or
- Abortion
In addition, if the principal is pregnant, the agent may not withhold life-sustaining procedures.
Relevant Law: Sections 13.52.050 and 13.52.055
When can your agent start making decisions for you?
Your agent’s decision-making authority, and the medical power of attorney document itself, becomes effective only when a physician has determined that you lack the capacity to be able to make decisions on your own.
The medical power of attorney ceases to be effective once it’s determined that you have recovered the capacity to make decisions.
Relevant Law: Section 13.52.010
STEP 3: Sign the Form
Do you need witness or notary signatures?
Yes, your signature must be witnessed by either two adult individuals known to you or in the presence of a notary public.
Relevant Law: Section 13.52.010
Who can’t be a witness?
You agent, healthcare provider, or any employees of your healthcare provider cannot serve as your witnesses.
Only one of the two witnesses may be related to the principal by blood, marriage, or adoption, or a beneficiary of the principal’s estate.
Relevant Law: Section 13.52.010
How long is your Alaska power of attorney effective?
An Alaska medical power of attorney remains effective until:
- you revoke or modify the medical power of attorney
- you pass away, or
- you recover the capacity to make medical decisions
Relevant Law: Sections 13.52.010 and 13.52.020
How to Revoke an Alaska Medical Power of Attorney
The principal may revoke their Alaska medical power of attorney form at any time, provided they are mentally competent, in writing by creating a revocation of power of attorney or by advising the principal’s healthcare provider directly.
Relevant Law: Section 13.52.020