Alaska Advance Directive Form [PDF]

Under the Alaska Code, an advance directive, i.e. advance healthcare directive is equivalent to a durable power of attorney for health care (medical power of attorney). This document provides the principal's instructions on managing their health care in case of incapacity and can also include a living will, which specifies end-of-life care preferences.

This legal document ensures that if the principal becomes unable to express their wishes due to a medical condition, their preferences are communicated through the Alaska advance directive and honored accordingly.

Therefore, it is advisable to consult an attorney when creating an advance directive form to ensure it is precise and legally enforceable.

Signing Requirements for Alaska Advance Health Care Directive

To establish an advance directive for health care as a part of the advance care planning, the following legal requirements must be met:

Alaska Advance Health Care Directive Revocation & Changing

In Alaska, an advance health care directive takes effect when a primary physician determines that the individual is no longer able to make their own medical decisions.

According to Sec. 13.52.020, the individual can revoke or change the directive at any time by either signing a written statement or directly informing their healthcare provider about it. For individuals with mental illness, revocation is allowed as long as they are deemed competent and the revocation is properly communicated to a physician.

If individuals issue a new health care advance directive that conflicts with an earlier one, the new directive will override the previous one to the extent of the conflict.

Additional Legal Considerations for the Alaska Advance Health Care Directive

As Sec. 13.52.050 states, without specific directives, an agent cannot consent to abortion, sterilization, psychosurgery, or organ removal unless it’s necessary to preserve life or prevent severe health impairment.

According to Sec. 13.52.055., for pregnant women who are unable to make decisions for themselves, life-sustaining treatments cannot be withheld or stopped if doing so would likely lead to the death of the fetus, especially if the fetus has a chance of being born alive.

Sec. 13.52.140. grants the court authority to make decisions regarding health care or provide fair solutions if someone formally requests it through a petition in case of a dispute.

How to Choose a Health Care Agent in Alaska

Choosing the Alaska healthcare proxy is an important decision, so the agent should be someone who you trust fully and who understands your values and wishes. Ideally, they should be a close family member or friend who is responsible, calm under pressure, and willing to advocate for your preferences.

On the other hand, in Alaska, your agent cannot be a healthcare provider or employee of the facility where you receive care.

What Happens if You Don’t Have an Advance Directive in Alaska?

As stated in Sec. 13.52.030., if you don’t have an advance directive in Alaska, then a surrogate will be appointed to make health care decisions on your behalf if you are unable to do so. This surrogate is usually a close family member like a spouse, adult child, parent, or sibling.

If no family members are available, someone who has shown special care for you may act as your surrogate.