Alaska Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Alaska who cannot decide: an agent, a guardian, or Alaska's default surrogate order. Runs in your browser; nothing is stored.

Alaska law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Alaska

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Alaska's default surrogate order

  1. Someone the patient named by telling the supervising health care provider (Patient designates them personally to the provider)
  2. Spouse (Not if legally separated)
  3. An adult child
  4. A parent
  5. An adult sibling
  6. An adult who has shown special care and concern and knows the patient's values (Only if no family member in the classes above is reasonably available)
What it covers
A surrogate may make any health care decision for an adult who lacks capacity, except mental health treatment, which a surrogate may decide only in an emergency.
If more than one person is in the same group
If family members in the same class disagree, the provider follows the majority of those who have spoken up. If the class is evenly split, that class and lower classes drop out and the primary physician decides on best interest.
If nobody on the list is available
An evenly divided class is disqualified and the primary physician decides after consulting them. The section names no other fallback.
Who decides the person cannot decide
The primary physician determines that the patient lacks capacity. Emergency mental health decisions need two physicians (one a psychiatrist) or a physician and a mental health clinician.
Limits
  • An owner, operator or employee of the facility where the patient is receiving care cannot be the surrogate unless related.
  • A patient with capacity can disqualify anyone, including family, in writing or by telling the provider.
  • The provider may require a sworn written declaration from anyone claiming to be the surrogate.
  • Surrogate decisions need no court approval.

Source: AS 13.52.030 · Checked October 26, 2026

Less certain: Alaska's official statute page shows no amendment history, and 2024-2026 session laws were not checked for changes to this list.

Next steps

Who decides in Alaska without a power of attorney?

Alaska's default surrogate law (AS 13.52.030) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Someone the patient named by telling the supervising health care provider (patient designates them personally to the provider); the first relative listed is: Spouse.

Alaska's default surrogate law in full

Alaska's default surrogate order

  1. Someone the patient named by telling the supervising health care provider (Patient designates them personally to the provider)
  2. Spouse (Not if legally separated)
  3. An adult child
  4. A parent
  5. An adult sibling
  6. An adult who has shown special care and concern and knows the patient's values (Only if no family member in the classes above is reasonably available)
What it covers
A surrogate may make any health care decision for an adult who lacks capacity, except mental health treatment, which a surrogate may decide only in an emergency.
If more than one person is in the same group
If family members in the same class disagree, the provider follows the majority of those who have spoken up. If the class is evenly split, that class and lower classes drop out and the primary physician decides on best interest.
If nobody on the list is available
An evenly divided class is disqualified and the primary physician decides after consulting them. The section names no other fallback.
Who decides the person cannot decide
The primary physician determines that the patient lacks capacity. Emergency mental health decisions need two physicians (one a psychiatrist) or a physician and a mental health clinician.
Limits
  • An owner, operator or employee of the facility where the patient is receiving care cannot be the surrogate unless related.
  • A patient with capacity can disqualify anyone, including family, in writing or by telling the provider.
  • The provider may require a sworn written declaration from anyone claiming to be the surrogate.
  • Surrogate decisions need no court approval.

Source: AS 13.52.030 · Checked October 26, 2026

Less certain: Alaska's official statute page shows no amendment history, and 2024-2026 session laws were not checked for changes to this list.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Alaska if there is no power of attorney?

Alaska's default surrogate law (AS 13.52.030) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Someone the patient named by telling the supervising health care provider (patient designates them personally to the provider); the first relative listed is: Spouse. The full order, tie rule and limits are in AS 13.52.030.

Does next of kin in Alaska have authority over money?

No default surrogate law covers money. In Alaska, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Alaska law checked against the official text on October 26, 2026.

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