Alaska Durable Power of Attorney for Healthcare (Advance Health Care Directive)

The Alaska Durable Power of Attorney for Healthcare, also known as an “Advance Health Care Directive” or simply a “Medical Power of Attorney,” is a thirteen (13) page, official legal contract that allows for the establishing of a person, known as the “agent,” to make decisions on how an individual (officially known as the “principal”) will be cared for in the case they become incapacitated (term for being disabled) as well as the wishes for how they would like to be treated during the end of their life. Choosing a trustworthy agent that will put the principal’s priorities first is a must; the relation of the agent to the principal does not matter, so long as they are credible. The form permits the principal to designate up to two (2) alternate agents in the case that an agent has their power revoked or are unable to perform as the agent due to other circumstances.

State Laws & Signing Requirements

State Laws: Health Care Decisions Act (§§ 13.52.395 to 13.52.010)

Signing Requirements (AS 13.52.010):  For an Advance Health Care Directive to be deemed legit in Alaska, it needs to be signed by either a) a Notary Public or b) two (2) individuals who personally know the principal.

Additional Considerations: In accordance with 13.52.010 (c & d), neither the witnesses to the signing of the POA and the agent cannot be someone that works at the healthcare facility where the principal is receiving care. However, if the agent works for the healthcare facility and is related by adoption, blood, or marriage, they can still maintain as the agent.