Title 13, Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions

(a) Subject to the requirements and limitations of this section, the time for transfer to the minor of custodial property transferred under AS 13.46.030 or 13.46.040 may be changed to a specified time other than the time the minor attains the age of 21 years. That time shall be s…

(a) A custodian may extend the custodial term under this section to an age older than the age that is specified by this chapter or a transferring document made under AS 13.46.080, subject to the right of the minor to compel immediate distribution under (c) of this section. (b) To…

This chapter applies to a transfer within the scope of AS 13.46.010 made after December 31, 1990, if the (1) transfer purports to have been made under the Alaska Uniform Gifts to Minors Act; or (2) instrument by which the transfer purports to have been made uses in substance the …

(a) A transfer of custodial property as defined in this chapter made before January 1, 1991, is validated notwithstanding that there was not specific authority in the Alaska Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from tha…

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

In this chapter, (1) “adult” means an individual who has attained the age of 18 years; (2) “benefit plan” means an employer's plan for the benefit of an employee or partner; (3) “broker” means a person lawfully engaged in the business of effecting transactions in securities or co…

This chapter may be cited as the Alaska Uniform Transfers to Minors Act.

An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.

A transfer on death deed is nontestamentary.

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.

(a) A transfer on death deed or an instrument revoking a transfer on death deed is void if it is obtained by fraud, duress, or undue influence. (b) A proceeding must be commenced within 12 months after the transferor's death to (1) contest the capacity of the transferor; or (2) d…

A transfer on death deed (1) except as otherwise provided in (2) and (3) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed; (2) must state that the transfer to the designated beneficiary is to occur at the transferor's …

A transfer on death deed is effective without (1) notice or delivery to, or acceptance by, the designated beneficiary during the transferor's life; or (2) consideration.

(a) Subject to (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument (1) is one of the following: (A) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;…

During a transferor's life, a transfer on death deed does not (1) affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) affect an interest or right of a transferee, even if the transferee has actual or cons…

(a) Except as otherwise provided in the transfer on death deed, in this section, or in AS 13.12.203, 13.12.702, 13.12.803, or 13.12.804, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transfer…

A beneficiary may disclaim all or part of the beneficiary's interest as provided by AS 13.70 (Uniform Disclaimer of Property Interests Act). (a) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate, the costs of administrati…

The following form may be used to create a transfer on death deed. The provisions of this chapter govern the effect of this or any other instrument used to create a transfer on death deed. (front of form)REVOCABLE TRANSFER ON DEATH DEEDNOTICE TO OWNERYou should carefully read all…

The following form may be used to create an instrument of revocation under this chapter. The provisions of this chapter govern the effect of this or any other instrument used to revoke a transfer on death deed. (front of form)REVOCATION OF TRANSFER ON DEATH DEEDNOTICE TO OWNER Th…

The provisions of this chapter do not affect any method of transferring property otherwise permitted under the law of this state.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

The provisions of this chapter modify, limit, and supersede 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act), but do 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. 70…

This chapter may be cited as the Uniform Real Property Transfer on Death Act.

(a) Except for information on a motor vehicle or identification document issued to a donor who declines to participate in a registry, when a person who applies for a motor vehicle or identification document makes a gift with the application, the department shall electronically tr…

(a) A procurement organization that obtains information under AS 13.50.100 shall use the information to establish a statewide donor registry accessible by a recognized organization in (1) this state that handles the recovery or placement of parts of the body; and (2) another stat…

A procurement organization may acquire donor information from sources other than the department.

(a) A procurement organization that has requested registry information from the department shall pay the reasonable costs associated with the creation by the organization of a registry and the reasonable costs associated with the initial installation and establishment of the faci…

(a) A donor whose motor vehicle or identification document information is on a registry shall notify a procurement organization or the department of the destruction or mutilation of the motor vehicle or identification document or revocation of the gift under AS 13.52.183 in order…

(a) An applicant for a motor vehicle or identification document may donate $1 or more to the fund to promote in the state the donation of body parts under AS 13.52 (Health Care Decisions Act). The donation is voluntary and may be declined by the applicant. The department shall ma…

(a) The anatomical gift awareness fund is established. The fund consists of all donations made under AS 13.50.150, other donations to the fund for a purpose identified under (b) of this section, money received by the department under AS 13.50.130, and appropriations made to the f…

A person who knowingly violates AS 13.50.110(b)(1) or (2) is guilty of a class B misdemeanor.

In this chapter, (1) “department” means the Department of Administration; (2) “donation” means a monetary donation made under AS 13.50.150; (3) “donor” has the meaning given in AS 13.52.268; (4) “fund” means the anatomical gift awareness fund established under AS 13.50.160; (5) “…

(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 …

(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 …

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…

(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…

(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…

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…

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 …

(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…

(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 …

(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…

(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…

(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…

(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…