A power of attorney (POA) is a legal document that gives someone else the rights that you would otherwise have to make decisions for you. You are the principal granting the powers, and the person who receives these powers is called your agent.
In Alaska, the document you use to create a power of attorney is also sometimes referred to as a statutory power of attorney.
Alaska law sets out how you create a power of attorney by statute, and a different code section defines each type of POA. The duties of an agent in a general power of attorney, for example, are defined by AS 13.26.610.
Each type of power of attorney has a slightly different goal and role. Choose those that meet your needs.
Table of Contents
- Alaska Powers of Attorney
- Alaska Power of Attorney Signing Requirements
Durable Power of Attorney – Alaska
A durable power of attorney will remain in effect even if you become incapacitated.
As a rule, most powers of attorney documents are not durable in Alaska unless you explicitly note within the document that they are durable. You will need to add language that says something like:
This document shall not be affected by my subsequent incapacity.
Medical Power of Attorney – Alaska
The Alaska Health Care Decisions Act governs medical powers of attorney. Under this Act, 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.
You do not have “capacity” when you cannot effectively receive and evaluate information, make decisions, or communicate your health care decisions to your health care professional.
As part of your medical power of attorney, you can allow someone to make all of your health care decisions, or you can limit their ability to address only specific circumstances or decisions.
General Power of Attorney – Alaska
A general power of attorney will convey broad powers to another person, and those powers can be specifically limited to just a few issues. It is also sometimes referred to as a financial power of attorney, as many of the matters addressed will relate to economic issues.
DMV Power of Attorney – Alaska
You can also create a power of attorney just for the Division of Motor Vehicles in Alaska. A DMV POA will allow someone else to sign documents on your behalf related to:
- Purchasing a vehicle
- Selling a vehicle
- Applying for a title or registration, and
- Transferring vehicle ownership.
Legal Requirements for Signing a Power of Attorney in Alaska
For a power of attorney to be valid, you must sign the document or have someone else sign on your behalf if you are unable to sign. This signature must take place in front of a notary public or another person who is authorized to take acknowledgments.