Alaska Power of Attorney Laws: Durable, Medical, and Financial (2026)
Alaska Power of Attorney Laws: Durable, Medical, and Financial POA (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 Alaska law, a power of attorney is durable only if it contains one of two express statements:
- "This document shall not be affected by my subsequent incapacity," or
- "This document shall become effective upon the date of my incapacity."
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.
The statute defines "durable" as meaning "not terminated by the principal's incapacity" (AS 13.26.695). 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, another individual may sign at the principal's direction, but that person cannot be the agent named in the document.
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.
Out-of-state documents. A POA that was validly executed under the law of another state where it was signed is generally valid in Alaska under AS 13.26.331.
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 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:
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Two witnesses: at least two adults must each witness either the principal signing or the principal's acknowledgment of the signature. Witnesses may not be a health care provider, an employee of a health care provider or facility, or the agent named in the document. At least one witness must not be related to the principal by blood, marriage, or adoption and must not stand to inherit from the principal's estate.
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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.
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.