Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.26.600 Execution of power of attorney.
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(a) A power of attorney executed in this state is valid if the principal (1) signs the power of attorney or, if the principal is physically unable to sign the power of attorney, directs, in the principal's conscious presence, another individual to sign the principal's name on the…
AS 13.26.605 Agent's acceptance and liability.
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(a) Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. (b) An agent that violates a provisio…
AS 13.26.610 Agent's duties.
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(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall (1) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) act in good fai…
AS 13.26.615 Acceptance of power of attorney.
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(a) A third party asked to accept a power of attorney may request, and rely upon, without further investigation (1) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (2) an English translation of the pow…
AS 13.26.620 Termination of power of attorney; agent's resignation; notice.
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(a) Except as provided in AS 13.26.625, a power of attorney terminates when (1) the principal dies; (2) there is an incapacity of the principal, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it te…
AS 13.26.625 Powers of attorney not revoked until notice of death or incapacity.
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(a) The death or incapacity of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the death or incapacity of the principal, acts in good faith under the power of atto…
AS 13.26.630 Powers of attorney held by public home care providers.
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(a) A public home care provider may not accept a designation as agent by general or special power of attorney for an individual to whom the provider furnishes services unless the designation is held jointly with another individual who is not a public home care provider. (b) In th…
AS 13.26.635 Judicial relief.
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(a) The following persons may petition a court in accordance with the provisions of AS 13.26.401 — 13.26.595 to construe a power of attorney, review the agent's conduct, and grant appropriate relief: (1) the principal or the agent; (2) the principal's attorney or other legal repr…
AS 13.26.640 Relationship to other laws.
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(a) Except as provided in (c) of this section, AS 13.26.600 — 13.26.695 do not supersede any other law applicable to a financial institution or other entity, and the other law controls if inconsistent with AS 13.26.600 — 13.26.695. (b) The remedies in AS 13.26.600 — 13.26.695 are…
AS 13.26.645 Statutory form power of attorney.
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A person who wishes to designate another as agent by a power of attorney may execute a statutory power of attorney set out in substantially the following form: GENERAL POWER OF ATTORNEYTHE POWERS GRANTED FROM THE PRINCIPAL TO THE AGENT OR AGENTS IN THE FOLLOWING DOCUMENT ARE VERY…
AS 13.26.650 Additional optional provisions to statutory form power of attorney.
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Each of the following provisions may be included in a statutory form power of attorney: (1) YOU MAY DESIGNATE AN ALTERNATE AGENT. ANY ALTERNATE YOU DESIGNATE WILL BE ABLE TO EXERCISE THE SAME POWERS AS THE AGENT(S) YOU NAMED AT THE BEGINNING OF THIS DOCUMENT. IF YOU WISH TO DESIG…
AS 13.26.655 Completion of statutory form power of attorney.
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(a) [Repealed, § 28 ch 50 SLA 2016.] (b) Special provisions and limitations may be imposed on the statutory form power of attorney only if they conform to the requirements of AS 13.26.670.
AS 13.26.660 Applicability of provisions of statutory form power of attorney.
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In the instrument set out in AS 13.26.645 — 13.26.650, (1) if the principal has appointed more than one person to act as agent and failed to mark whether the agents may act “jointly” or “severally,” the agents are required to act jointly; (2) if the principal has failed to indica…
AS 13.26.665 Interpretation of provisions in statutory form power of attorney.
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(a) In a statutory form power of attorney, the language conferring general authority with respect to real estate transactions shall be construed to mean that, as to an estate or interest in land of the principal, whether in the state or elsewhere, the principal authorizes the age…
AS 13.26.670 Validity of modified statutory form power of attorney.
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A power of attorney that satisfies the requirements of AS 13.26.645 — 13.26.665 is not prevented from being a statutory form power of attorney by the fact that it also contains additional language that (1) eliminates from the power of attorney one or more of the powers enumerated…
AS 13.26.675 When statutory form power of attorney is not affected by incapacity of principal.
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(a) The subsequent incapacity of a principal does not revoke or terminate the authority of an agent who acts under a power of attorney in a writing executed by a principal if the writing contains the words “This power of attorney shall become effective upon the incapacity of the …
AS 13.26.680 Provisions applicable to statutory form power of attorney.
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(a) For purposes of AS 13.26.645 — 13.26.665, (1) the incapacity of a principal shall be established by affidavit stating that the principal is unable to manage property or business affairs because the principal (A) has an impairment in the ability to receive and evaluate informa…
AS 13.26.695 Definitions.
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Article 6. Public Guardians. In AS 13.26.600 — 13.26.695, (1) “benefits from government programs or civil or military service” means a benefit, a program, or assistance provided under a statute or regulation, including social security, Medicare, and Medicaid; (2) “good faith” mea…
AS 13.26.700 Purpose.
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The legislature recognizes that many Alaskans, for reasons of incapacity or minority, are in need of a guardian or conservator. Often these persons cannot find a person able and willing to serve as guardian or conservator. The legislature intends through AS 13.26.700 — 13.26.750 …
AS 13.26.710 Public guardian.
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(a) The office of public advocacy (AS 44.21.400) shall serve as the public guardian. (b) A court may order the public guardian to act as full guardian, partial guardian, conservator, or special conservator for a person who is determined under this chapter to be in need of guardia…
AS 13.26.720 Powers and duties of public guardian.
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(a) The public guardian has the same powers and duties with respect to the public guardian's wards and protected persons as a private guardian or conservator. (b) The public guardian, when appointed as guardian or conservator, shall endeavor, for as long as practical, to find a s…
AS 13.26.730 Intervention by public guardian.
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The public guardian may, on the public guardian's own motion or at the request of the court, intervene in a guardianship or conservatorship proceeding if the public guardian or the court considers the intervention to be justified because (1) an appointed guardian or conservator i…
AS 13.26.740 Staff; delegation of powers and duties.
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The public guardian may employ staff and delegate to members of the staff or to volunteers the powers and duties as guardian or conservator and other powers and duties under this chapter. However, the public guardian retains responsibility for the proper performance of the delega…
AS 13.26.750 Allocation of costs of public guardian.
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(a) The commissioner of administration may establish by regulation a schedule of reasonable fees for the costs of the public guardian's services. The fee schedule established may be based upon the ability of the ward or protected person to pay for guardian services but may not ex…
AS 13.27.010 International application of this chapter.
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A court of this state may treat a foreign country as if it were a state for the purpose of applying AS 13.27.010 — 13.27.210, 13.27.400, 13.27.410, and 13.27.490.
AS 13.27.020 Communication between courts.
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(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in (b) of this section, the court shall make a record of t…
AS 13.27.030 Cooperation between courts.
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(a) In a guardianship or protective proceeding in this state, a court may request the appropriate court of another state to (1) hold an evidentiary hearing; (2) order a person in that state to produce evidence or give testimony under procedures of that state; (3) order that an ev…
AS 13.27.040 Taking testimony in another state.
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Article 2. Jurisdiction. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in anothe…
AS 13.27.100 Exclusive basis.
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AS 13.27.100 — 13.27.180 provide the exclusive basis for subject matter jurisdiction for a court of this state to appoint a guardian or issue a protective order for an adult.
AS 13.27.110 Jurisdiction.
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A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if (1) this state is the respondent's home state; (2) on the date the petition is filed, this state is a significant-connection state, and (A) the respondent does not have a …
AS 13.27.120 Special jurisdiction.
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(a) A court of this state lacking jurisdiction under AS 13.27.110 has special jurisdiction to (1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (2) issue a protective order with respect to real or tan…
AS 13.27.130 Exclusive and continuing jurisdiction.
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Except as otherwise provided in AS 13.27.120, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by i…
AS 13.27.140 Appropriate forum.
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(a) A court of this state having jurisdiction under AS 13.27.110 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state decline…
AS 13.27.150 Jurisdiction declined by reason of conduct.
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(a) If, at any time, a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashion…
AS 13.27.160 Notice of proceeding.
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If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…
AS 13.27.170 Proceedings in more than one state.
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Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under AS 13.27.120(a)(1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this …
AS 13.27.180 Definitions for AS 13.27.100 — 13.27.180.
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Article 3. Transfer of Guardianship or Conservatorship. In AS 13.27.100 — 13.27.180, (1) “emergency” means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no …
AS 13.27.200 Petition to transfer guardianship or conservatorship to another state.
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(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition to transfer a guardianship or conservatorship under (a) of this section must be given to the persons who would b…
AS 13.27.210 Accepting guardianship or conservatorship transferred from another state.
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Article 4. Registration and Recognition of Orders from Other States. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those in AS 13.27.200, the guardian or conservator must petition the court in this state to acce…
AS 13.27.300 Registration of guardianship orders.
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If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…
AS 13.27.310 Registration of protective orders.
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If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this s…
AS 13.27.320 Effect of registration.
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Article 5. Miscellaneous Provisions. (a) On registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including…
AS 13.27.400 Uniformity of application and construction.
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In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
AS 13.27.410 Relation to Electronic Signatures in Global and National Commerce Act.
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This chapter modifies, limits, and supersedes 15 U.S.C. 7001, et seq. (Electronic Signatures in Global and National Commerce Act), but does not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
AS 13.27.420 Relation to AS 13.26.
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Article 6. General Provisions. Nothing in this chapter limits the rights of an incapacitated person available in a guardianship or conservatorship proceeding in this state under AS 13.26.
AS 13.27.490 Definitions.
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In this chapter, (1) “adult” means an individual who has reached 18 years of age; (2) “conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under AS 13.26.401; (3) “guardian” means a person appointed by the court …
AS 13.27.495 Short title.
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This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
AS 13.28.010 Validity of substitute decision-making document.
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(a) A substitute decision-making document for property executed outside this state is valid in this state if, when the document was executed, the execution complied with the law of the jurisdiction indicated in the document or, if jurisdiction is not indicated, the law of the jur…
AS 13.28.020 Meaning and effect of substitute decision-making document.
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The meaning and effect of a substitute decision-making document and the authority of the decision maker are determined by the law of the jurisdiction indicated in the substitute decision-making document or, if jurisdiction is not indicated, the law of the jurisdiction in which th…
AS 13.28.030 Reliance on substitute decision-making document.
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(a) Except as otherwise provided in AS 13.26.615, a person that in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid, or terminated, or that the purported decision maker's authority is void, invalid, or terminated…