Alaska Durable Power of Attorney

Introduction

Key Things to Know

1. 1

   A durable power of attorney hands a trusted person, your agent or attorney-in-fact, the authority to manage your money, property, and business dealings. The label durable signals that this authority does not evaporate if you later lose the capacity to act for yourself, which is normally the entire point of signing one.

2. 2

   Notarization is the operative step, and no witnesses are needed. Alaska Statutes Section 13.26.600 treats the document as valid once you acknowledge your signature in front of a notary public or another officer authorized to take acknowledgments. Alaska law sets no witness requirement, so a notarial acknowledgment on its own completes it.

3. 3

   Durability is never assumed in Alaska. Because Alaska Statutes Section 13.26.620 ends the authority on your incapacity for any power of attorney that is not durable, you have to opt in: Section 13.26.675 confers durability only when the writing declares, in express terms or substantially similar wording, that incapacity will not affect your agent's authority.

4. 4

   Alaska gives you an official fill-in form. The statutory form at Alaska Statutes Section 13.26.645 may be executed in substantially that form and carries check-box choices for durable, non-durable, or springing authority. The Alaska Court System reproduces it in a power of attorney self-help booklet you can download and complete.

5. 5

   You can delay when it starts. Alaska Statutes Section 13.26.675 lets the writing state that the power of attorney springs into effect on your incapacity, so your agent holds no authority until that moment arrives. The Section 13.26.645 form carries a check-box for this springing choice.

6. 6

   Gifts require their own grant. Under Alaska Statutes Section 13.26.665 an agent has no authority to give away your property unless the document spells out gift power, and even then each recipient's gift is limited to the federal annual gift tax exclusion, doubling only when your spouse consents to split the gift.

7. 7

   Recording is optional, not mandatory. The Alaska Uniform Power of Attorney Act never requires you to record the document. When a power of attorney is recorded for a real estate transaction, though, it has to be acknowledged the way any conveyance is under Alaska Statutes Section 34.15.150 and satisfy the recorder's formatting rules under Section 40.17, filed with the recorder where the land is located.

Alaska Requirements for Durable Power of Attorney

• Notarize the Signature (No Witnesses Required)

  Under Alaska Statutes Section 13.26.600, the power of attorney is valid when you sign it and acknowledge your signature before a notary public or other officer authorized by law to take acknowledgments. Alaska does not require witnesses, so notarization is the step that makes the document valid.

• Signing When You Are Physically Unable

  If you are physically unable to sign, Alaska Statutes Section 13.26.600 lets you direct another person to sign your name in your conscious presence. That person should not be your agent. You still acknowledge the signature before a notary public or other authorized officer.

• Durability Language Is Required

  Alaska does not make a power of attorney durable by default. Under Alaska Statutes Section 13.26.620 it terminates on your incapacity unless it is durable, and Section 13.26.675 makes it durable only when the writing expressly states that it is not affected by your subsequent incapacity, or uses substantially similar words.

• Springing Effective Date (Optional)

  If you want the power of attorney to take effect only on a future event such as your incapacity, Alaska Statutes Section 13.26.675 allows a writing that becomes effective upon the incapacity of the principal. The Section 13.26.645 statutory form includes this springing option.

• Statutory Form Power of Attorney (Section 13.26.645)

  You may use Alaska's statutory form power of attorney at Alaska Statutes Section 13.26.645, which may be executed in substantially that form. It lets you select a durable, non-durable, or springing option, and the Alaska Court System offers a fill-in self-help version of it.

• Record It for Real-Property Use

  The Alaska Uniform Power of Attorney Act does not require recording, so it is permissive. If a power of attorney for real estate is recorded, it must be acknowledged like any conveyance under Alaska Statutes Section 34.15.150 and meet the recorder's formal requirements under Section 40.17, filed where the property is located.

• Gift Powers Need Express Language

  Under Alaska Statutes Section 13.26.665, your agent may make gifts only if the document expressly grants gift authority. Each gift per recipient is capped at the federal annual gift tax exclusion, or twice that amount with a spouse's split-gift consent. Without express gift language the agent cannot make gifts.

• Agent Duties and Revocation

  An agent who accepts the appointment is a fiduciary under Alaska Statutes Section 13.26.610 and must act in your best interest, in good faith, and within the scope granted. Under Section 13.26.620 you may revoke the power of attorney or the agent's authority; put the revocation in writing and give notice to the agent and any third party that relied on it.