What Is an Alaska Power of Attorney?
An Alaska power of attorney is a legal document that appoints another person to act on your behalf. The principal, or the one granting the authority, selects an agent to make decisions. A power of attorney transfers the power for medical, financial, or legal actions.
Creating power of attorney documents requires the principal to be at least 18 years old and mentally competent. An individual cannot create a new POA if they are unable to make their own decisions.
Legal Templates offers compliant Alaska power of attorney form templates. Use our document editor to create your arrangement and protect your affairs when you cannot act independently.
Types of Powers of Attorney in Alaska
Powers of attorney often work to serve a specific purpose for the principal. Selecting the type of powers in the agreement increases the validity and scope. Choose the correct type of POA in Alaska to achieve your desired goals.
Durable vs. Non-Durable
A durable power of attorney remains in effect even after the principal becomes incapacitated, and a non-durable arrangement ends when the principal is no longer competent. In Alaska, unlike many other states, the agreement must clearly outline the durability of a power of attorney under AK Stat § 13.26.620. If the document doesn’t have a statement of durability, it will default to a non-durable arrangement.
Minor
A minor power of attorney allows the appointment of an agent for the care of a child or minor. According to AK Stat § 13.26.066, a minor POA can last no more than one year, unless active due to military deployment. However, a parent or guardian may renew an expired POA for an additional period of time. In addition, this statute allows either parent to revoke the POA made by the other at any time.
Financial
Financial power of attorney allows the agent to make financial decisions or transactions for the principal. The most common powers provided in an Alaska financial POA include:
- access to bank accounts
- right to handle stocks and bonds
- authority to make business decisions
- power over insurance and retirement plans
- ability to make real estate transactions
Medical
In Alaska, power of attorney forms do not offer terms for health care decisions and powers. Instead, use a combination of a power of attorney and an Alaska advance directive to select an agent for your medical care. Complete an advance directive following the terms of Alaska’s Health Care Decisions Act (AK § 13.52).
Adding health care directives to a POA allows you to give an agent the power to make medical decisions, such as:
- refusing or requesting treatment
- obtaining medical records
- talking with health care providers
Durable (Financial)
Most documents are not durable in Alaska unless you explicitly note otherwise.
Signing Requirements: Notary public.
Medical
You can designate someone else to make health care decisions on your behalf if you do not have the capacity to make your own choices.
Signing Requirements: A notary public or two witnesses (AS 13.52.010(b)).
Limited (Special)
Allows you to give limited powers to an agent for a certain task, and usually ends when the task has been completed.
Signing Requirements: Notary public.
Non-Durable (General)
The broad powers conveyed to another person can be specifically limited to predominantly economic matters.
Signing Requirements: Notary public.
Springing
“Springs” into effect in specific circumstances, and ends at a time you choose (for example, if you become incapacitated).
Signing Requirements: Notary public.
Vehicle (Form 847)
You can allow someone else to sign documents on your behalf related to: purchasing/selling a vehicle, applying for a title or registration, and transferring vehicle ownership. This limited document normally expires upon completion of the task.
Signing Requirements: Notary public.
Real Estate
Enables a chosen agent to manage real estate affairs on behalf of the principal.
Signing Requirements: Notary public.
Tax (Form POA 774)
Allows you to appoint an attorney-in-fact to manage the state or federal taxes on your behalf.
Signing Requirements: Principal and agent.
Minor (Child)
Delegates temporary decision-making authority for your child to a chosen agent.
Signing Requirements: Notary public.
Revocation
Enables the principal to terminate the authority granted to an agent.
Signing Requirements: Notary public.
How to Write a Power of Attorney in Alaska
Writing a valid POA in Alaska includes understanding the state form and legal guidelines. Use the following steps to create your agreement and meet local requirements:
- Name the principal and agent: Include the legal name and contact information for the principal and agents involved. Also name any co-agents or successor agents.
- Grant general authority: Select which powers to give the agent. General authorities in Alaska include managing real property, personal property, financial accounts, insurance benefits, and business operations.
- Select specific authorities: Additional powers, such as control over inter vivo trusts, beneficiary designations, and gifting, require you to add them as specific authorities.
- Choose the type: Determine whether you want this arrangement to act as a durable or regular (non-durable) power of attorney.
- Add extra provisions: Include supporting information, such as an agent acknowledgment, advance directive, living will, or appointed conservator.
Legal Requirements for Alaska POAs
It’s important to ensure that the state considers your POA forms valid. Understanding Alaska’s specific legal requirements can help you create your forms and determine your desired terms. Consider the following guidelines for a power of attorney form in Alaska.
Restrictions
AK Stat § 13.26.665 restricts agents from making certain decisions unless the principal grants specific permission in the POA form. Typically, agents cannot change estate plans or change beneficiaries. They also may not initiate gifts that exceed the maximum gift values the principal provides.
Notarization
Alaska requires all power of attorney documents to include a signature and date from the principal and be notarized under AK Stat § 13.26.600. Having the document sealed and approved by a local notary public ensures legal validity. While the statutes don’t require witness signatures, they can offer additional protection against disputes.
Revocation
Revoke a POA in Alaska by providing a written notice or a revocation form. Fill out the form to include information about the effective date, parties involved, and powers being removed. Have this form acknowledged by a notary public and distributed to the agent and any offices where you filed the original agreement. You should deliver the revocation to your agent to ensure that they receive it.
Some powers end automatically according to the terms of the agreement. Non-durable POAs end at the time of the principal’s incapacitation, and others can remove powers after a designated period. You may also include a specific goal or event that ends the agent’s powers after it occurs.
