An Alaska power of attorney is a legal document that authorizes one person, known as the agent, to perform legal and factual actions on behalf of another person, the principal.
The principal issues a power of attorney when they cannot manage their own property, medical, or financial affairs due to health, age, or absence.
A power of attorney must follow a few principles to be legally binding: the principal must be of sound mind, and the agent cannot be given more power than the principal possesses. On the other hand, the agent must act in good faith and always in the principal’s best interest.
Types of Power of Attorney in Alaska
Alaska Durable (Statutory) Power of Attorney Requirements
With a durable power of attorney, principals appoint a trusted individual to handle legal or business decisions on their behalf, even if they become incompetent.
Alaska General (Financial) Power of Attorney Requirements
With this type of power of attorney, the principal grants the agent the authority to manage general financial activities, such as depositing checks, filling out tax returns, etc.
Alaska Limited (Special) Power of Attorney Requirements
A limited (special) power of attorney authorizes an agent to perform specific tasks or functions for a limited time.
The agent's authority is restricted to the task or function specified in the document, and the power of attorney expires on the date specified in the document.
Alaska Parental (Minors) Power of Attorney Requirements
With a notarized parental (minors) power of attorney, a parent gives an agent permission to act on their behalf in the best interest of their children (e.g., school enrollment, finance management, etc.).
It cannot be issued for longer than one year or for the purposes of arranging a marriage or obtaining an abortion for the child. (AS 13.26.066)
Alaska Medical Power of Attorney Requirements
A durable power of attorney for health care enables an adult to authorize an agent to make healthcare decisions on their behalf, even if they become incapacitated.
Alaska Springing Power of Attorney Requirements
A springing power of attorney differs from a regular power of attorney because it takes effect after a future event specified in the power of attorney happens, most of the time the principal's illness or disability.
Alaska Vehicle Power of Attorney Requirements
An Alaska power of attorney for motor vehicles authorizes an agent to sign documents related to the transfer of a vehicle's registration and title on behalf of the owner.
Alaska Revocation Power of Attorney Requirements
This legal document revokes any previously issued power of attorney and terminates the authorization of an agent.
Alaska Tax Power of Attorney Requirements
With this power of attorney, a principal may authorize a certified public accountant, attorney, or employee to file tax applications and make tax payments on their behalf.
Alaska Real Estate Power of Attorney Requirements
This power of attorney can authorize an agent to delegate the responsibility of handling their real estate affairs, either temporarily or permanently.
Legal Requirements for a Power of Attorney in Alaska
To be legally effective, an Alaska power of attorney must meet certain requirements set by law, such as:
Mental capacity. The principal must be of sound mind (evaluated by physicians) and have the legal right to delegate the powers in question.
Notarization. An Alaska power of attorney must be signed in the presence of a notary public. (AS 13.26.600)
Witnesses. To be legally binding a durable power of attorney for health care in Alaska, must be in writing and witnessed by either two individuals who are personally known by the principal and who witness the signing or acknowledgment of the signature by the principal. (AS 13.52.010)
Who Can Be an Agent for a Power of Attorney in Alaska
The agent must be an adult, of sound mind, trustworthy, and able to act in the best interests of the principal. For this purpose, the agent should have the necessary skills and knowledge to carry out the responsibilities assigned to them.
Any individual who meets the requirements and is willing to take on the responsibilities assigned in a power of attorney can be appointed as an agent, but usually, a family member, friend, or attorney serves as an agent.
How to Create a Alaska Power of Attorney
Power of Attorney in Alaska
#1. Decide on Which Type of Document to Use
Different types of powers of attorney are used based on the powers you want to give to your agent, when they take place, etc. So choosing the one that suits your needs is important.
#2. Select an Agent
Choose someone you can put your faith in and give them permission to act on your behalf. They should be of legal age, someone you can trust, and someone who is of sound mind.
#3. Define the Agent’s Powers
Agent powers define the authorized actions that the agent is permitted to take on behalf of the principal. This may include the power to make financial decisions, negotiate contracts, or make healthcare decisions on the principal's behalf, among other things.
#4. Download & Fill in Our Form
Our reliable and professional power of attorney form will save you time and money, so download the one you need from our website, and fill out the required information.
#5. Get It Signed & Notarized
According to the Alaska statute, in most cases, it is mandatory for the principal to sign the power of attorney in the presence of a notary public or two witnesses. This way, the document will be legally binding.
#6. Safely Store the Original Copy
Choose a secure location to store your original power of attorney, so you can later make additional, authorized copies if needed.
#7. Provide Copies to Relevant Parties
In addition to keeping a copy of the power of attorney for the principal's records, the agent should get a copy for use while carrying out authorized actions.
In the event of a durable financial or medical power of attorney, it is also vital to submit the document to the institutions that may need to honor or recognize it in the future.
#8. Update the Document as Needed
If the principal wishes to expand the limits of the agent's powers and authorize them to undertake additional legal actions, they must make changes to the power of attorney document.
How Long Does a Power of Attorney Last in Alaska?
In Alaska, the duration of a power of attorney is determined by the terms of the document. It can be issued for a certain amount of time or until it is revoked by the principal or terminated by law.
If the power of attorney doesn't specify a termination date, it remains in effect until the principal revokes it, the agent resigns or becomes incapable, or the principal passes away.
A non-durable power of attorney terminates if the principal becomes incapacitated or unable to make decisions on their own.
Alaska Power of Attorney FAQ
A power of attorney is useful in situations where you are unable to act on your own behalf due to reasons such as absence or incapacity, so you authorize an agent to do so on your behalf.
A power of attorney gives the agent the ability to act legally on the principal's behalf.
This can include a wide range of decisions, such as those concerning finances, healthcare, legal concerns, and other areas.
In Alaska, a power of attorney, in most cases, needs to be notarized to be legally valid. However, even when it is not required, you should provide additional evidence of its legitimacy.
A power of attorney and a will perform different functions and cannot be substituted for one another.
A will is used to direct the distribution of an individual's assets after death, whereas a power of attorney is used to authorize someone to act on their behalf while they are still alive.