Alaska Power of Attorney Create Alaska Power of Attorney

Alaska Power of Attorney

Updated Mar 04, 2026 7 Downloads

An Alaska Power of Attorney is a legal document authorizing one person to act on another's behalf in legal or financial matters.

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ALASKA POWER OF ATTORNEY FORM

(PURSUANT TO AS 13.26.332)

THE POWERS GRANTED FROM THE PRINCIPAL TO THE AGENT OR ATTORNEYS-IN-FACT IN THE FOLLOWING DOCUMENT ARE VERY BROAD. THEY MAY INCLUDE THE POWER TO DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND PERSONAL PROPERTY. ACCORDINGLY, THE FOLLOWING DOCUMENT SHOULD ONLY BE USED AFTER CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS DOCUMENT, YOU SHOULD SEEK COMPETENT LEGAL ADVICE.

I. APPOINTMENT OF AGENT

This Power of Attorney is made on .

I, (Principal), with a mailing address of:

hereby appoint (Agent), with a mailing address of:

as my attorney-in-fact (Agent) to act for me in any lawful way with respect to the following initialed subjects:

II. GRANT OF AUTHORITY

TO GRANT ALL OF THE FOLLOWING POWERS, MARK THE BOX LABELED "N" AND IGNORE THE REST. TO GRANT ONE OR MORE, BUT FEWER THAN ALL POWERS, MARK THE BOX FOR EACH POWER YOU WISH TO GRANT.

III. SPECIAL INSTRUCTIONS

ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT:

IV. DURATION OF POWER OF ATTORNEY

This Power of Attorney shall be construed as follows (Check one):

V. EFFECTIVE DATE

This Power of Attorney shall become effective (Check one):

VI. DESIGNATION OF ALTERNATE AGENT

VII. REVOCATION OF PRIOR POWERS

I hereby revoke all Powers of Attorney previously made by me. This Power of Attorney does not revoke any Power of Attorney for Health Care or Advance Health Care Directive unless specifically stated in the Special Instructions section above.

VIII. RELIANCE BY THIRD PARTIES

Any third party who receives a copy of this document may rely on it. Revocation of this Power of Attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.

IX. GOVERNING LAW

This Power of Attorney shall be governed by the laws of the State of Alaska, specifically Alaska Statutes Title 13, Chapter 26.

X. SIGNATURE OF PRINCIPAL

I sign my name to this Power of Attorney on the date listed below.

Signature: _________________________
Date:
Print Name: _______________

XII. TRANSLATION OF STATUTORY POWERS

(Pursuant to AS 13.26.335, the powers granted above correspond to the following statutory definitions)

1. Real Estate Transactions: The agent may buy, sell, lease, mortgage, and manage real property.
2. Tangible Personal Property: The agent may buy, sell, lease, and manage personal property (e.g., vehicles, furniture).
3. Stock and Bond Transactions: The agent may buy and sell stocks, bonds, and mutual funds.
4. Commodity and Option Transactions: The agent may engage in option and commodity trading.
5. Banking: The agent may open/close accounts, write checks, and access safe deposit boxes.
6. Business Operations: The agent may manage, operate, or sell a business owned by the principal.
7. Insurance: The agent may purchase, maintain, or terminate insurance policies.
8. Estates and Trusts: The agent may act for the principal in matters regarding trusts, probate, or fiduciary interests.
9. Claims and Litigation: The agent may sue, defend, or settle legal claims.
10. Personal and Family Maintenance: The agent may pay for the living expenses of the principal and their family.
11. Government Benefits: The agent may apply for and manage Social Security, Medicare, and other benefits.
12. Retirement Plans: The agent may manage IRAs, 401(k)s, and other retirement accounts.
13. Tax Matters: The agent may prepare and file tax returns and represent the principal before tax authorities.

What is an Alaska Power of Attorney?

An Alaska Power of Attorney is a legal instrument that authorizes a designated individual, known as an agent or attorney-in-fact, to act on behalf of another person, referred to as the principal. This document is utilized to manage specific legal, financial, or medical affairs, particularly when the principal is unavailable or incapacitated. It establishes a fiduciary relationship requiring the agent to act in the principal's best interests in accordance with the authority granted within the written agreement.

Legal Framework and Statutory Authority

The laws governing powers of attorney in Alaska are primarily located in Title 13, Chapter 26 of the Alaska Statutes. In 2016, the state adopted the Uniform Power of Attorney Act (UPOAA), which modernized the regulations surrounding financial powers of attorney to align with national standards. Under AS 13.26.332, the state provides a statutory form that individuals may use to create a valid power of attorney. While the use of this specific statutory template is not mandatory, it is widely recognized by financial institutions and courts throughout the state.

For healthcare decisions, the legal authority differs slightly. Medical powers of attorney fall under the Alaska Health Care Decisions Act, specifically AS 13.52. This statute allows an individual to execute an advance health care directive, which combines a living will with the appointment of a healthcare agent.

How to Execute an Alaska Power of Attorney

  1. Step 1: Selection of an Agent – The principal must choose a competent and trustworthy individual, typically a spouse, adult child, or close friend. Alaska law permits the appointment of co-agents who may act independently or jointly, depending on the instructions provided.
  2. Step 2: Drafting the Document – The principal must obtain or draft the document. Using the statutory Alaska Power of Attorney Form found in AS 13.26.332 is often recommended because third parties are statutorily protected when relying on it.
  3. Step 3: Notarization – To ensure the document is legally binding and widely accepted, the principal must sign the document in the presence of a notary public. While Alaska law presumes a signature is genuine if acknowledged before a notary (AS 13.26.326), recording the document with the Alaska Recorder’s Office is mandatory if the agent will be handling real estate transactions.
  4. Step 4: Distribution – Once executed, the original document should be stored safely, and copies should be provided to the agent and relevant institutions such as banks or healthcare providers.

Agent Duties and Liability

Upon accepting the appointment, an agent assumes specific fiduciary duties outlined in AS 13.26.350. The agent must act in good faith, within the scope of authority granted, and in a manner that is consistent with the principal's best interest. They are required to keep a complete record of all transactions entered into on behalf of the principal. If an agent violates their duties—for instance, by commingling funds or engaging in self-dealing—they may be liable for restoring the value of the principal's property and potentially reimbursing attorney's fees and costs.

Frequently Asked Questions

Generally, a power of attorney does not need to be recorded to be valid between the principal and the agent. However, if the agent intends to buy, sell, or transfer real estate on behalf of the principal, the document must be recorded with the Alaska Department of Natural Resources Recorder's Office in the district where the property is located.
No, an agent cannot create, modify, or revoke a will on behalf of the principal. While an agent may establish trusts or make gifts if explicitly authorized in the Alaska Power of Attorney Form, the creation of a Last Will and Testament is a personal act that cannot be delegated.
A power of attorney is a private agreement created voluntarily by the principal while they have capacity. A guardianship is a public legal proceeding where a court appoints a guardian to make decisions for an incapacitated person who can no longer make decisions for themselves or did not execute a power of attorney prior to incapacity.
A power of attorney does not have a standard expiration date unless one is specifically written into the document. It remains valid until the principal revokes it, the principal dies, or, in the case of a non-durable power of attorney, the principal becomes incapacitated.
Yes, Alaska law allows a principal to appoint multiple agents, known as co-agents. The document should specify whether these agents must act jointly (requiring consensus for all decisions) or if they may act severally (independently of one another).

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