Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.52.010 Advance health care directives.
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(a) Except as provided in AS 13.52.173, an adult may give an individual instruction. Except as provided in AS 13.52.177, the instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. (b) An adult may execute a durable …
AS 13.52.020 Revocation of advance health care directive.
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(a) Except in the case of mental illness under (c) of this section, a principal may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider. (b) Except in the case of mental illness under (c) of this section and …
AS 13.52.025 Rescission of withdrawal by agent.
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A person who has withdrawn as an agent may rescind the withdrawal by executing an acceptance after the date of the withdrawal. A person who rescinds a withdrawal shall give notice to the principal if the principal has capacity or to the principal's health care provider if the pri…
AS 13.52.030 Surrogates.
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(a) Except in the case of mental health treatment and except as provided by AS 13.52.173 and 13.52.193, a surrogate may make a health care decision for a patient who is an adult if an agent or guardian has not been appointed or the agent or guardian is not reasonably available, a…
AS 13.52.040 Decisions by guardian.
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(a) Subject to AS 13.52.183, 13.52.193, and 13.52.203, a guardian shall comply with the ward's individual instructions and may not revoke a ward's advance health care directive executed before the ward's incapacity unless a court expressly authorizes the revocation. (b) Unless th…
AS 13.52.045 Withholding or withdrawing of life-sustaining procedures.
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Notwithstanding any other provision of this chapter, an agent or a surrogate may determine that life-sustaining procedures may be withheld or withdrawn from a patient with a qualifying condition when there is (1) a durable power of attorney for health care or other writing that c…
AS 13.52.050 Decisions for exceptional procedures.
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Unless there is a durable power of attorney for health care or another writing clearly expressing an individual's intent to the contrary, an agent or surrogate may not consent on behalf of a patient to an abortion, sterilization, psychosurgery, or removal of bodily organs except …
AS 13.52.055 Pregnancy.
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(a) Before implementing a health care decision for a woman of childbearing age that would affect a fetus if present, the supervising health care provider shall take reasonable steps to determine whether the woman is pregnant. (b) Notwithstanding any other provision of this chapte…
AS 13.52.060 Obligations of health care providers, institutions, and facilities.
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(a) Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. (b) A supervising health care provider who knows of …
AS 13.52.065 Do not resuscitate protocol and identification requirements.
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(a) A physician, an advanced practice registered nurse, or a physician assistant may issue a do not resuscitate order for a patient of the physician, the advanced practice registered nurse, or the physician assistant with the consent of the patient or the parent or guardian of th…
AS 13.52.070 Health care information.
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(a) Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or other health care informatio…
AS 13.52.080 Immunities.
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(a) A health care provider or health care institution that acts in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional co…
AS 13.52.090 Statutory damages.
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(a) A health care provider or institution that intentionally violates this chapter is liable to the aggrieved individual or the individual's estate for damages of $10,000 or actual damages resulting from the violation, whichever is greater, plus attorney fees as provided by court…
AS 13.52.100 Capacity.
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(a) This chapter does not affect the right of an individual to make health care decisions while having capacity to make health care decisions. (b) An individual is rebuttably presumed to have capacity to make a health care decision, to give or revoke an advance health care direct…
AS 13.52.110 Status of copy.
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A copy of a written advance health care directive, revocation of an advance health care directive, or designation or disqualification of an agent or a surrogate has the same effect as the original.
AS 13.52.120 Effect of this chapter.
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(a) In the absence of evidence to the contrary of the patient's intent, this chapter establishes a presumption in favor of life, consistent with the best interest of the patient. (b) Notwithstanding any other provision of law, death resulting from the withholding or withdrawal of…
AS 13.52.130 Prohibited requirements.
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As a condition of receiving or being insured for health care services, a health care provider, a health care institution, a health care service plan, an insurer issuing health insurance, a self-insured employee welfare benefit plan, or a nonprofit hospital plan may not require an…
AS 13.52.135 Discriminatory treatment prohibited.
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When determining the best interest of a patient under this chapter, health care treatment may not be denied to a patient because the patient has a disability or is expected to have a disability.
AS 13.52.140 Judicial relief.
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On petition of a patient, the patient's agent, guardian, or surrogate, or a health care provider or institution involved with the patient's care, the superior court may enjoin or direct a health care decision or order other equitable relief. A proceeding under this section is gov…
AS 13.52.150 Do not resuscitate orders and identification of other jurisdictions.
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A do not resuscitate order or a do not resuscitate identification executed, issued, or authorized in another state or a territory or possession of the United States is valid for the purposes of this chapter if it complies with the laws of this state. A health care provider or hea…
AS 13.52.160 Determination of qualifying condition.
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Whether a patient has a qualifying condition under this chapter shall be determined by the primary physician of the patient and by at least one other physician, when another physician is available. A physician making the determination shall document the grounds for the determinat…
AS 13.52.170 Making, amending, revoking, and refusing to make anatomical gifts by individual. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.173 Who may make anatomical gift before donor's death.
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Subject to AS 13.52.193, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in AS 13.52.177 by (1) the donor, if the donor is an adult or if the donor is …
AS 13.52.177 Manner of making anatomical gift before donor's death.
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(a) A donor may make an anatomical gift (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) in a will; (3) during a terminal condition of the donor, by any form …
AS 13.52.180 Making, revoking, and objecting to anatomical gifts by others. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.183 Amending or revoking anatomical gift before donor's death.
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(a) Except in the case of mental illness under AS 13.52.020(c), and subject to AS 13.52.193, a donor or another person authorized to make an anatomical gift under AS 13.52.173 may amend or revoke an anatomical gift by (1) a record signed by (A) the donor; (B) the other person; or…
AS 13.52.187 Refusal to make anatomical gift; effect of refusal.
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(a) An individual may refuse to make an anatomical gift of the individual's body or part by (1) a record signed by (A) the individual; or (B) subject to (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sig…
AS 13.52.190 Optional form for anatomical gift by another person. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.193 Preclusive effect of anatomical gift, amendment, or revocation.
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(a) Except as otherwise provided in (g) of this section and subject to (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if t…
AS 13.52.197 Who may make anatomical gift of decedent's body or part.
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(a) Subject to (b) and (c) of this section and unless barred by AS 13.52.187 or 13.52.193, an anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reas…
AS 13.52.200 Routine inquiry and required request; search and notification. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.203 Manner of making, amending, or revoking anatomical gift of decedent's body or part.
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(a) Notwithstanding AS 13.52.020, a person authorized to make an anatomical gift under AS 13.52.197 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneousl…
AS 13.52.207 Persons who may receive anatomical gift; purpose of anatomical gift.
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(a) An anatomical gift may be made to the following persons named in the document of gift: (1) a hospital, an accredited medical school, a dental school, a college, a university, an organ procurement organization, or another appropriate person, for research or education; (2) subj…
AS 13.52.210 Persons who may become donees; purposes for which anatomical gifts may be made. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.213 Search and notification.
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(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) a law enforcement offic…
AS 13.52.217 Delivery of document of gift not required; right to examine.
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(a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) On or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying…
AS 13.52.220 Delivery of document of gift. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.223 Rights and duties of procurement organization and others.
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(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department and a donor registry. (b) A procurement organization shall be allowed reasonable access to information in the …
AS 13.52.227 Coordination of procurement and use.
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A hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
AS 13.52.230 Rights and duties at death. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.233 Sale or purchase of parts prohibited; charges allowed.
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(a) Except as otherwise provided in (b) of this section, a person who, for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a class C felony…
AS 13.52.240 Coordination of procurement and use. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.243 Immunity.
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(a) Except as provided by AS 13.52.080 and 13.52.090, a person who acts under AS 13.52.173 — 13.52.268 or with the applicable anatomical gift law of another state, or attempts in good faith to act under AS 13.52.173 — 13.52.268 or with the applicable anatomical gift law of anothe…
AS 13.52.247 Law governing validity; choice of law as to execution of document of gift; presumption of validity.
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(a) Notwithstanding AS 13.52.010(k), a document of gift is valid if executed under (1) AS 13.52.173 — 13.52.268; (2) the laws of the state or country where it was executed; or (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a pl…
AS 13.52.250 Sale or purchase of parts prohibited. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.253 Effect of anatomical gift on advance health care directive.
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Except as provided by AS 13.52.055, if a prospective donor has an advance health care directive, and the terms of the directive and the express terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suita…
AS 13.52.255 Cooperation between coroner, state medical examiner, and procurement organization.
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(a) A coroner and a state medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (b) If a coroner or a state medical examiner receives notice from…
AS 13.52.257 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner or state medical examiner.
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(a) On request of a procurement organization, a coroner or the state medical examiner may release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner or state med…
AS 13.52.260 Examination, autopsy, liability. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.263 Relation to Electronic Signatures in Global and National Commerce Act.
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AS 13.52.173 — 13.52.267 modify, limit, and supersede 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act), except that AS 13.52.173 — 13.52.267 do not modify, limit or supersede 15 U.S.C. 7001, or authorize electronic delivery of any of the notices d…