Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.56.010 Agreements authorized.
0.8K chars
(a) Except as provided in (b) and (c) of this section, an adult may enter into a supported decision-making agreement. A supported decision-making agreement allows an adult to receive decision-making assistance with the adult's affairs from one or more other adults. (b) The adult …
AS 13.56.020 Eligibility of supporters.
0.5K chars
A supporter must be an adult, but may not be (1) an employer or employee of the principal, unless the employer or employee is an immediate family member of the principal; (2) a person who provides paid support services, except decision-making assistance, directly to the principal…
AS 13.56.030 Contents of agreement.
0.7K chars
(a) A supported decision-making agreement must (1) name one or more adults to provide a principal with decision-making assistance; and (2) describe the decision-making assistance that each supporter may provide the principal. (b) A supported decision-making agreement must contain…
AS 13.56.040 Requirements for validity.
0.6K chars
A supported decision-making agreement is valid if (1) the agreement is dated and in writing; (2) the agreement satisfies the requirements of AS 13.56.010 — 13.56.050; (3) the agreement has been signed by the principal and each named supporter, including any alternate supporter, a…
AS 13.56.050 Declarations by supporters.
0.4K chars
A supported decision-making agreement must contain a separate declaration by each supporter that states the supporter's relationship with the principal, states the willingness of the supporter to act as a supporter for the principal, and indicates that the supporter acknowledges …
AS 13.56.060 Witnesses.
0.6K chars
(a) Each witness under AS 13.56.040 must be an adult who understands the means of communication used by the principal, except, if there is an individual who understands the principal's means of communication present to assist during the execution of the supported decision-making …
AS 13.56.070 Term of agreement.
0.4K chars
A supported decision-making agreement may indicate the date it becomes effective and its duration. If the supported decision-making agreement does not indicate the date it becomes effective, the supported decision-making agreement becomes effective immediately. If a supported dec…
AS 13.56.080 Termination of agreement.
1.0K chars
(a) A principal may at any time terminate all or a portion of a supported decision-making agreement. A supporter may at any time terminate all or a portion of the supporter's obligations under a supported decision-making agreement, including the declaration of support described i…
AS 13.56.090 Duties of supporter.
0.1K chars
A supporter shall act with the care, competence, and diligence ordinarily exercised by individuals in similar circumstances.
AS 13.56.100 Decision-making assistance of supporter.
1.4K chars
(a) Except as limited by a supported decision-making agreement, a supporter may provide to a principal the following decision-making assistance about the principal's affairs: (1) assisting with making decisions, communicating decisions, and understanding information about, option…
AS 13.56.110 Prohibited activities.
0.7K chars
A supporter may not (1) exert undue influence on the principal; (2) make decisions for or on behalf of the principal; (3) sign for the principal or provide an electronic signature of the principal to a third party; (4) obtain, without the consent of the principal, information tha…
AS 13.56.120 Confidentiality, handling, and disposal of information.
0.3K chars
A supporter shall keep the information collected by the supporter on behalf of the principal under this chapter confidential, may not use the information for a use that is not authorized by the principal, shall protect the information from unauthorized access, use, or disclosure,…
AS 13.56.130 Recognition of decisions and requests.
0.4K chars
A person shall recognize a decision or request made or communicated with the decision-making assistance of a supporter under this chapter as the decision or request of the principal for the purposes of a provision of law, and the principal or supporter may enforce the decision or…
AS 13.56.140 Limitation of liability.
1.3K chars
(a) A person who, in good faith, either acts in reliance on an authorization in a supported decision-making agreement or declines to honor an authorization in a supported decision-making agreement is not subject to civil or criminal liability or to discipline for unprofessional c…
AS 13.56.150 Capability and capacity.
0.6K chars
(a) In the application of this chapter, a decision that a principal is incapable of managing the principal's affairs may not be based on the manner in which the principal communicates with others. (b) An adult who enters into a supported decision-making agreement may act without …
AS 13.56.160 Principal's affairs.
1.0K chars
This chapter applies to decisions related to the following affairs of a principal: (1) monitoring health, obtaining, scheduling, implementing, and coordinating health and support services, understanding health care information and options, providing for care and comfort, and othe…
AS 13.56.170 Support services.
0.9K chars
The following are considered support services under this chapter: (1) house repair, home cleaning, laundry, shopping, and providing meals; (2) transportation, accompanying a principal, and facilitating a principal's written, oral, and electronic communication; (3) nurse visitatio…
AS 13.56.180 Form for supported decision-making agreement.
14.8K chars
A supported decision-making agreement must be in substantially the following form: STATUTORY FORM FOR SUPPORTED DECISION MAKING AGREEMENT (1) INTRODUCTION. I, __________________________________, want to have one or more persons I trust help me make decisions, obtain and understan…
AS 13.56.190 Definitions.
1.7K chars
In this chapter, unless the context indicates otherwise, (1) “adult” means an individual who is 18 years of age or older; (2) “affairs” means the affairs described in AS 13.56.160; (3) “capacity” means the ability to understand and appreciate the nature and consequences of a deci…
AS 13.56.195 Short title.
0.1K chars
This chapter may be cited as the Supported Decision-Making Agreements Act.