The Alaska durable power of attorney is a document used to authorize another person to represent you before governmental, financial, medical, and other institutions and third parties.
The person issuing the durable power of attorney is called the principal, while the person authorized to represent the principal is called the attorney-in-fact or the agent.
The durable power of attorney is specific because it remains valid and enforceable even if the principal becomes incapacitated or is otherwise unable to act on their behalf.
The principal can use the durable POA in any situation where they are unable to represent themselves. This can be due to their mental or physical disability, dementia, Alzheimer’s disease, lack of professional knowledge, or location.
Durable Power of Attorney Laws & Requirements in Alaska
Laws & Requirements
Law: Title 13, Chapter 26
Signing requirements: The principal must sign the durable power of attorney before the notary public. No witness is required. (§ 13.26.600)
Statutory form: The statutory form for the Alaska durable power of attorney is provided in § 13-26-645.
“Durable” definition: Provided in § 13-26-675.
How to Fill out a Durable Power of Attorney in Alaska
#1. Designate an Agent
First, provide your full name and mailing address.
In the paragraph below, enter the full name and mailing address of the person you want to name your agent. If necessary, you can provide additional information about them, like their ID or professional license number.
In this section, you can also name the successor agent, who will act only in case the primary agent becomes unable to represent you.
#2. Grant Authority
Here, you should provide the scope of authority you want the agent to have when representing your interests before any third party.
You will have three options for delegating authority, namely:
Scope of Authority
General authority. This means that the agent can take any necessary action and represent you before any third party.
Partial authority. With this option, the agent can take only the actions you expressly authorized them for. You can do so by putting the initials in front of the paragraph where the specific authority is outlined in the Alaska durable power of attorney form.
Specific authority. Here, you will explicitly state the scope of authority the agent can take on your behalf and the names of third parties they can represent you before.
#3. Ensure the Form is Durable
To make your Alaska power of attorney durable, you must explicitly state that the document will remain valid even if the principal loses capacity. You must use the language provided in § 13-26-675.
#4. Sign the Form
The principal must sign the Alaskan durable power of attorney before the notary public. In Alaska, however, the witness acknowledgment is not mandatory.
#5. Notarize the Form
The document must be signed in the presence of the notary public, who will confirm the identity of the principal, the authenticity of their signature, the date of the document's issuing, and the document they are signing.
#6. Store Your Durable Power of Attorney Form
You must store the original copy of the durable power of attorney in a safe place, like a safe deposit box or at your home.
You should give one copy to the agent and one copy to every third party that will interact with the agent.
How to Revoke a Durable Power of Attorney in Alaska
The principal can revoke the Alaskan durable power of attorney at any time, as long as they have the capacity to make their own decisions.
They can do so by issuing the revocation letter, stating the name of the agent and the date of issuing the durable power of attorney they wish to revoke.
After revoking the power of attorney, the principal should send a copy to the agent and any relevant third parties.