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Alaska Durable Power of Attorney

Alaska durable power of attorney laws arefound in Alaska Statutes, Title 13, Chapter 26, Article 5 (Powers of Attorney).  A power of attorney is a legal instrument that authorizes another person to act on behalf of the person authorizing.  The person who executes the power of attorney is called the principal, and the person who is authorized to act on behalf of the principal is called an Agent or Attorney-in-Fact.   A durable power of attorney is an instrument that continues to be in effect even if the principal is disabled or incapacitated.  According to Section 13.26.350, the principal should have specifically expressed his/her intention about the continuation of power of attorney even after principal’s disability or incapacity.

The agent’s acts on behalf of the principal when the principal is incapacitated will have the same effect as if the principal was not incapacitated.  However, if a court appoints a conservator the agent will be answerable to the conservator as if to the principal.  The principal’s death does not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s death, and the agent’s actions will bind the principal’s successors.  The principal should specify the date of revocation in the power of attorney.

When a principal becomes disabled, disability is established by an affidavit.  Generally, two physicians of similar qualification should sign the affidavit after examining the principal.

Inside Alaska Durable Power of Attorney