Alaska Power of Attorney Laws: Durable, Medical, and Financial (2026)

A power of attorney (POA) is one of the most important legal tools available to Alaska residents. It lets you name a trusted person to manage your finances, property, or health care if you become unable to act for yourself. Alaska law governs financial POAs under AS 13.26.600 to AS 13.26.695 and health care decisions under a separate statute, AS 13.52. Understanding both frameworks prevents costly mistakes and ensures your wishes are followed.

For the full 50-state overview, see our national Power of Attorney guide.

What a Power of Attorney Does in Alaska

A power of attorney is a written document in which you (the principal) authorize another person (the agent, sometimes called an attorney-in-fact) to act on your behalf. Depending on its terms, an agent may buy or sell real estate, manage bank accounts, run a business, handle insurance, or make investment decisions.

Alaska law distinguishes two broad categories. A financial or general POA under AS 13.26 covers property and economic matters. A health care POA under AS 13.52 covers medical treatment decisions. The two documents operate under different rules and serve different purposes. A single document cannot fully cover both; Alaskans who want comprehensive protection typically execute one of each.

A standard POA that does not say otherwise terminates automatically if the principal becomes incapacitated. That gap is exactly what a durable POA is designed to close.

Durable Power of Attorney in Alaska

Under AS 13.26.675(a), a power of attorney survives the principal's later incapacity only if the writing contains one of two express statements, or words substantially similar showing that intent:

• "This power of attorney shall not be affected by the subsequent incapacity of the principal," or
• "This power of attorney shall become effective upon the incapacity of the principal."

Without one of these phrases, the POA terminates the moment the principal loses mental capacity. This is the opposite of states where durability is the default. The practical lesson: if your goal is continuity of management during illness or cognitive decline, confirm that your Alaska POA includes explicit durability language. If an existing POA lacks that language, ask an Alaska estate planning lawyer for a free case evaluation on redrafting it with the express durability wording (attorney advertising).

Alaska has no statutory definition of "durable." The chapter's definitions section, AS 13.26.695, defines only four terms, and durability is not among them: it comes entirely from the express language AS 13.26.675(a) requires. A durable POA that takes effect immediately is sometimes called a "present durable POA." One that activates only upon incapacity is a "springing" POA. Both are permitted under Alaska law; the principal selects which approach to use when the document is signed.

How to Create a Valid Alaska Power of Attorney

Alaska sets out execution requirements in AS 13.26.600. To be valid, a financial POA must meet these formalities.

Signature. The principal must sign the POA. If the principal is physically unable to sign, AS 13.26.600(a)(1) allows another individual to sign the principal's name at the principal's direction and in the principal's conscious presence. AS 13.26.600 itself places no limit on who that person may be. The rule that the person signing for the principal may not be someone appointed as an agent in the document appears in the execution block of the optional statutory form at AS 13.26.645, so it applies only when that form is used.

Notarization. The principal's signature must be acknowledged before a notary public. Notarization is mandatory; a power of attorney that is signed but not notarized is not valid under Alaska law.

No witness requirement. Unlike some states, Alaska does not require witnesses for a financial POA under AS 13.26. The notary acknowledgment alone satisfies the execution requirement.

Statutory form. Alaska provides an optional statutory form POA under AS 13.26.645. Using the statutory form is not required, but it provides a safe harbor: any person who relies on a properly executed statutory form POA is protected by law. The form uses a checkbox system to grant authority category by category, reducing disputes about scope. If you would rather fill in a guided form than draft the categories yourself, you can build an Alaska power of attorney draft and take it to a notary.

Out-of-state documents. Alaska's power of attorney statutes, AS 13.26.600 to AS 13.26.695, contain no provision expressly validating a financial POA executed under another state's law. Whether an out-of-state document is honored is therefore decided by the bank, title company, or other institution asked to accept it, and signing a fresh POA that satisfies AS 13.26.600 avoids the question. Health care is different: AS 13.52.010(k) expressly recognizes an advance health care directive made in compliance with another state's laws, so long as it also complies with AS 13.52.

What an Alaska Agent Can and Cannot Do

Alaska law sets out authority categories and fiduciary duties in AS 13.26 and the statutory form at AS 13.26.645.

Standard authority categories (granted by checking applicable boxes in the statutory form):

• Real estate transactions
• Tangible personal property
• Bonds, shares, and commodities
• Banking and financial account transactions
• Business operating transactions
• Insurance and annuity transactions
• Retirement plan transactions
• Claims and litigation
• Personal and family affairs
• Government benefits and military service benefits
• Records, reports, and statements
• Voter registration and absentee ballot matters

Powers that require separate, explicit authorization. The following actions are NOT covered by the standard grant of authority. The principal must specifically authorize them in a separate section of the POA:

• Creating, amending, revoking, or terminating an inter vivos trust
• Making gifts, subject to the limitations of AS 13.26.665(q)
• Creating or changing a beneficiary designation
• Revoking a transfer on death deed under AS 13.48
• Creating or changing rights of survivorship
• Delegating authority granted under the power of attorney
• Waiving the principal's right to be a beneficiary of a joint and survivor annuity
• Exercising fiduciary powers that the principal has authority to delegate
• Exercising authority over the content of electronic communications, as defined in 18 U.S.C. 2510(12), sent or received by the principal

Fiduciary duties. An agent under Alaska law must act in accordance with the principal's reasonable expectations and best interests, act in good faith, avoid conflicts of interest, keep accurate records of all transactions, and cooperate with any health care agent or decision-maker. An agent who violates these duties is liable for damages.

What an agent cannot do. An agent may never act in a way that benefits the agent at the expense of the principal, modify the POA itself, or continue acting after the POA terminates. An agent cannot make health care decisions under a financial POA; that requires a separate health care directive under AS 13.52.

Health Care Decisions and Medical POA in Alaska

Alaska's Health Care Decisions Act, AS 13.52, governs all decisions about medical treatment, end-of-life care, and related matters. It is a completely separate statute from the financial POA chapter.

What a health care POA covers. Under AS 13.52.010(b), a principal may authorize a health care agent to make "any health care decision the principal could have made while having capacity." This includes consent to or refusal of any treatment, surgical procedure, medication regimen, or placement in a care facility.

Execution requirements. A health care POA under AS 13.52 must be in writing, state the date of execution, and be signed by the principal. For witnessing, the principal has two options:

1. Two witnesses: under AS 13.52.010(b)(1), at least two individuals who are personally known by the principal must each witness either the principal signing or the principal's acknowledgment of the signature. Being personally known to the principal is a requirement of the statute, not an optional courtesy. Under AS 13.52.010(d), a witness may not be a health care provider employed at the health care institution or facility where the principal is receiving health care, an employee of the health care provider treating the principal or of that institution or facility, or the agent named in the document. A health care provider with no employment link to where the principal is receiving care is not disqualified. Under AS 13.52.010(e), at least one witness must also not be related to the principal by blood, marriage, or adoption and must not stand to inherit from the principal's estate.

2. Notarization: instead of two witnesses, the principal may have the signature acknowledged before a notary public in Alaska.

Decision-making standard. When making health care decisions, the agent must follow the principal's individual instructions if known, and otherwise act in the principal's best interest (AS 13.52.010(h)).

Mental health treatment. AS 13.52.120(f) limits the agent's authority over mental health facility admission unless the advance directive expressly authorizes it.

Advance health care directive. Alaska permits a combined document called an advance health care directive that includes both a health care POA and written individual instructions such as a living will. Principals can express wishes about life-sustaining treatment, artificial nutrition, and pain management.

Revocation of a health care directive. The designation of a health care agent may be revoked only by a signed writing or by personally informing the supervising health care provider. Other directive provisions may be revoked "at any time and in any manner that communicates an intent to revoke" (AS 13.52.020).

Revoking or Ending an Alaska Power of Attorney

Revocation by the principal. While a principal retains mental capacity, a financial POA can be revoked at any time. Revocation should be in writing and delivered to the agent and, where applicable, to third parties such as banks or title companies that have been relying on the POA. There is no required form for revocation, but a signed, dated revocation letter is standard practice.

Automatic termination. Under AS 13.26.620, a financial POA terminates automatically upon:

• The principal's death
• The principal's incapacity, if the POA is not durable
• The occurrence of a termination event specified in the POA itself
• The accomplishment of the purpose for which the POA was created
• The agent's death, incapacity, or resignation, if no successor agent is named

Death of the principal. A POA of any kind ends at the principal's death. An agent cannot continue to act under a POA after the principal dies; estate decisions then pass to the executor or personal representative under a will, or to the administrator of the estate under Alaska intestacy law.

Notifying third parties. Until third parties such as banks or real estate agents receive actual notice that a POA has been terminated, actions they take in good-faith reliance on the POA remain legally valid (AS 13.26.625). This protects innocent third parties but also means prompt notification of revocation is important.

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This page provides general legal information, not legal advice. Alaska power of attorney documents are legally significant instruments. Consult a licensed Alaska attorney before signing or relying on any power of attorney.

Statutes cited reflect their in-force version as of May 31, 2026.

More Alaska Laws

• Alaska Alimony Laws
• Alaska Divorce Laws
• Alaska Probate Laws

Frequently Asked Questions

Does Alaska require witnesses for a financial power of attorney?

No. Alaska's financial POA under AS 13.26.600 requires only that the principal sign, or direct another individual to sign in the principal's conscious presence, and that the signature be acknowledged before a notary public. No witnesses are required. The rule that the person signing for a physically unable principal cannot also be the appointed agent comes from the optional statutory form at AS 13.26.645, not from AS 13.26.600.

Is a durable power of attorney the default in Alaska?

No. In Alaska, a POA terminates upon the principal's incapacity unless the document expressly states it will not be affected by subsequent incapacity, or that it becomes effective upon incapacity. You must include that language or the POA will lapse when you need it most.

Can I use one document for both financial and health care decisions in Alaska?

Not fully. Financial decisions are governed by AS 13.26, and health care decisions are governed by the separate Alaska Health Care Decisions Act, AS 13.52. Alaska does permit a combined advance health care directive document for medical matters, but a standalone financial POA under AS 13.26 does not authorize health care decisions.

Can an Alaska agent make gifts on behalf of the principal?

Only if the POA expressly authorizes it. Gift-making is not included in the standard grant of authority under the Alaska statutory form. The principal must specifically authorize gifts in a separate provision. Unauthorized gifts by an agent can expose the agent to liability for breach of fiduciary duty.

How does the principal revoke an Alaska health care power of attorney?

Under AS 13.52.020, the designation of a health care agent can only be revoked by a signed writing or by personally informing the supervising health care provider. This is stricter than general directive revocation, which can be done in any manner that communicates intent to revoke.

Does Alaska accept a power of attorney signed in another state?

There is no Alaska statute that says so for financial POAs. AS 13.26.600 to AS 13.26.695 contain no provision validating a POA executed under another state's law, so acceptance is up to the bank, title company, or other institution presented with it. Confirm acceptance in advance, or sign a new POA that meets Alaska's requirements. Health care is different: AS 13.52.010(k) expressly recognizes an advance health care directive made in compliance with another state's laws if it also complies with AS 13.52.

When does an Alaska power of attorney expire?

A POA in Alaska ends at the principal's death, upon revocation, or upon any termination condition stated in the document. A non-durable POA also ends if the principal becomes incapacitated. There is no automatic expiration date unless the document specifies one.