Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.52.270 Applicability provisions. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.275 Construction where mental illness.
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In the case of mental illness, nothing in this chapter may be construed to override or undermine the validity of a properly executed durable power of attorney for health care.
AS 13.52.280 Uniformity of application and construction. [Repealed, § 36 ch 100 SLA 2008.]
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[Repealed or reserved.]
AS 13.52.290 Severability.
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If a provision of this chapter, or the application of this chapter to a person or circumstance is held invalid, including being held unconstitutional, the invalidity does not affect the other provisions or applications of this chapter that can be given effect without the invalid …
AS 13.52.300 Optional form.
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The following sample form may be used to create an advance health care directive. The other sections of this chapter govern the effect of this or any other writing used to create an advance health care directive. This form may be duplicated. This form may be modified to suit the …
AS 13.52.390 Definitions.
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In this chapter, unless the context otherwise requires, (1) “advance health care directive” means an individual instruction or a durable power of attorney for health care; (2) “advanced practice registered nurse” has the meaning given in AS 08.68.850; (3) “agent” means an individ…
AS 13.52.395 Short title.
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This chapter may be cited as the Health Care Decisions Act.
AS 13.55.010 Nonopioid directive; revocation; other requirements.
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(a) An individual who is 18 years of age or older or an emancipated minor, a parent or legal guardian of a minor, or an individual's guardian or other person appointed by the individual or a court to manage the individual's health care may execute a voluntary nonopioid directive …
AS 13.55.020 Obligations of health care providers and hospitals.
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A health care provider, a hospital, or an employee of a health care provider or hospital may not be subject to disciplinary action by the health care provider's or the employee's professional licensing board or held civilly or criminally liable for failure to administer, prescrib…
AS 13.55.030 Prescriptions presumed valid.
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A prescription presented to a pharmacy is presumed to be valid, and a pharmacist may not be subject to disciplinary action by the pharmacist's professional licensing board or held civilly or criminally liable for dispensing an opioid in contradiction to an individual's or a minor…
AS 13.55.040 Effect of this chapter.
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Nothing in this chapter shall be construed to (1) alter an advance health care directive under AS 13.52 (Health Care Decisions Act); (2) limit the prescribing, dispensing, or administering of an opioid overdose drug; (3) limit an authorized health care provider or pharmacist from…
AS 13.55.100 Definitions.
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In this chapter, unless the context otherwise requires, (1) “department” means the Department of Health; (2) “emancipated minor” means a minor whose disabilities have been removed for general purposes under AS 09.55.590; (3) “health care provider” has the meaning given in AS 09.6…
AS 13.55.110 Short title.
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This chapter may be known as the Voluntary Nonopioid Directive Act.
AS 13.56.010 Agreements authorized.
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(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.
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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.
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(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.
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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.
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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.
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(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.
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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.
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(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.
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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.
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(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.
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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.
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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.
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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.
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(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.
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(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.
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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.
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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.
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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.
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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.
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This chapter may be cited as the Supported Decision-Making Agreements Act.
AS 13.60.010 Custodial trust.
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(a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in a lawful manner, naming as beneficiary an individual, who may be the transferor, and in which t…
AS 13.60.020 Custodial trustee for future payment or transfer.
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(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by “as custodial trustee for ______…
AS 13.60.030 Form and effect of receipt and acceptance by custodial trustee; jurisdiction.
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(a) The obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property. (b) The custodial trustee's acceptance may be evide…
AS 13.60.040 Transfer to custodial trustee by fiduciary, obligor, or other person; facility of payment.
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(a) Unless otherwise directed by an instrument designating a custodial trustee under AS 13.60.020, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator, may make a transfer to …
AS 13.60.050 Multiple beneficiaries; separate custodial trusts; survivorship.
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(a) Beneficial interests in a custodial trust created for multiple beneficiaries are considered to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of a married couple, for whom survivorship is…
AS 13.60.060 General duties of custodial trustee.
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(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property. (b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or re…
AS 13.60.070 General powers of custodial trustee.
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(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property that an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only. (b) …
AS 13.60.080 Use of custodial trust property.
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(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time. (b) If the beneficiary is incapacitated, the custodial trus…
AS 13.60.090 Determination of incapacity; effect.
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(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (1) the custodial trust was created under AS 13.60.040; (2) the transferor has so directed in the instrument creating the custodial trust; or (3) the custodial trustee has determ…
AS 13.60.100 Exemption of third person from liability.
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A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not…
AS 13.60.110 Liability to third person.
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(a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third …
AS 13.60.120 Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor custodial trustee.
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(a) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the…
AS 13.60.130 Expenses, compensation, and bond of custodial trustee.
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Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee (1) is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciar…
AS 13.60.140 Reporting and accounting by custodial trustee; determination of liability of custodial trustee.
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(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property (1) once each year; (2) upon…
AS 13.60.150 Limitations of action against custodial trustee.
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(a) Except as provided in (c) of this section, and unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be p…
AS 13.60.160 Distribution and termination.
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(a) Except as otherwise provided by AS 13.12.212(e), upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property (1) to the beneficiary, if not incapacitated or deceased; (2) to the conservator or other recipient designated …
AS 13.60.170 Methods and forms for creating custodial trusts.
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(a) If a transaction, including a declaration with respect to specific property or a transfer of specific property, otherwise satisfies applicable law, the criteria of AS 13.60.010 are satisfied by (1) the execution and either delivery to the custodial trustee or recording of an …