Free Alaska Durable Power of Attorney Forms
A power of attorney (POA) is an important legal document that a person, legally referred to as the principal, signs to appoint another as an agent or attorney-in-fact. The agent can decide on various legal matters on the principal’s behalf.
A durable POA continues to be effective even when the person becomes incapacitated, which means business and other transactions will not be interrupted.
Alaska Durable Power of Attorney Laws
Alaska Statutes 2022 - Chapter 13.26 - The law contains provisions regarding the implementation of POAs in the state of Alaska.
A section notes that a POA is durable when it contains the following words or something similar: “This power of attorney shall not be affected by the subsequent incapacity of the principal” (Alaska Statutes § 13.26.675).
The law also mentions the document’s format and signing requirements.
Signing Requirements in Alaska
The Alaska durable POA must be signed by the principal in the presence of a notary public or another person authorized by law to take acknowledgments. In case the principal is unable to sign due to a disability, they can ask another to sign on their behalf.
The law states, “A notary public may consider that the principal has signed a power of attorney if the principal is physically unable to sign the power of attorney, and, in the presence of the notary public, directs another individual to sign” (Alaska Statutes § 13.26.600).
How To Write a Durable POA in Alaska
A durable POA can be made to take care of a principal’s financial or medical affairs. In essence, a principal can make a general POA and healthcare POA durable by stating in the document that the document continues to be effective even when the principal becomes mentally incompetent.
You can create a durable POA in Alaska with the following steps:
1. Choose your agent
Trust is the most important thing when choosing an agent. In most cases, the principal picks a family member to take on the responsibility. It could be their spouse, child, or sibling. It’s important to note that the principal can choose anybody they trust, even if they aren’t related by blood.
The agent will manage either legal and financial affairs or the principal’s healthcare. Sometimes, a POA grants authority in both areas. It means the agent can sign checks, manage properties, and take control of the principal’s finances. If the durable POA is for healthcare, then the agent is responsible for approving medications and treatments, which may include surgeries and other procedures. The agent may also be tasked with making difficult end-of-life decisions.
As the principal, you must carefully select your agent and discuss the responsibilities with them.
2. Discuss agent responsibilities and compensation
The agent’s role can be as specific or as broad as you wish. If you’re creating a POA in preparation for the possibility of becoming incapacitated, it’s best to ensure flexibility in your agent’s duties.
Enumerate and discuss the things you want your agent to do on your behalf, including possible end-of-life care decisions.
Since the agent acts as your proxy, they are usually compensated for these tasks. Discuss the matter with them before the form is signed. Aside from the compensation, agents also get reimbursed for travel, food, and transportation expenses while doing their job as attorneys-in-fact.
3. Download a durable power of attorney template in Alaska
Alaska statutes contain the usual format for the durable POA. While your form doesn’t have to be a replica of what’s reflected in the law, the format must be acceptable in the state.
For your convenience, you can download a printable template that is already in the right format. All you need to do is fill the spaces with your information, the personal details of the agent, the agent’s responsibilities and compensation, and the date.
Since it is a durable POA, it must contain the correct legal terminologies to make it binding.
4. Sign the document
Sign the Alaska durable POA in front of a notary public to make it legal and executory. If you are unable to sign it physically, you can ask someone to sign it for you as long as it is done in front of a notary public who is aware of the permission you’ve given to your proxy.
5. Use the Alaska durable power of attorney
The agent will have to show the document every time they make decisions on behalf of the principal. The document continues to be in effect even when the principal becomes incapacitated.