Alaska Temporary Guardianship Agreement

Q: Who signs an Alaska power of attorney over a minor child?

The parent or guardian signs as the delegating person, and the attorney-in-fact signs the acceptance in the Acceptance block of this document. For this section, parent includes a stepparent, a grandparent and a parent who is incarcerated for a criminal conviction, but not a foster parent.

Q: Does an Alaska power of attorney over a minor child need to be notarized?

The statutory form in AS 13.26.066(f) includes a notary acknowledgment block for both the parent or guardian and the attorney-in-fact, and the court's form PG-701 has a matching notary certificate. The statute requires a properly executed power of attorney substantially in that form.

Q: Does the other parent have to sign in Alaska?

No. One parent may delegate, and the statute does not require both parents to sign. Another parent of the child may revoke it.

Q: What can the caregiver do under an Alaska power of attorney over a minor child?

The powers can include enrolling the child in school, obtaining education and other records, attending school activities, and giving or withholding consent or waiver for school activities, medical treatment and dental treatment. Specific powers may be written in instead. The attorney-in-fact acts without compensation.

Q: What can an Alaska parent not delegate in this power of attorney?

The power to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of a parent's rights to the child cannot be delegated.

Q: Does an Alaska power of attorney override a custody order?

No. It does not change parental rights, legal rights, obligations or other authority established by an existing court order. Under AS 13.26.066(h) and (i), signing it is also not abandonment, neglect or abuse unless the parent or guardian fails to retake custody after it ends, and the child is not considered to be in foster care.

Q: Can an Alaska parent revoke a power of attorney over a minor child?

Yes. A parent or guardian may revoke at any time, and a parent may revoke a power of attorney another parent made. After revocation the attorney-in-fact must return the child to the parent or guardian as soon as reasonably possible. The section states no filing or formal notice procedure.

Q: Is there an official Alaska form, and who can be the caregiver?

The Alaska Court System offers form PG-701, Power of Attorney Over Minor Child. The statute asks that the power of attorney be substantially in the statutory form, and it does not say PG-701 is mandatory. The caregiver is 'another person', with no relative requirement or minimum age stated in the section. The form is not filed in court; give it to the caregiver and keep a copy.

AS 13.26.066 POA: up to 1 year, or active duty plus 30 days for a military parent on active duty.

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Introduction

Alaska uses a power of attorney over a minor child under AS 13.26.066, signed by the parent or guardian and accepted by the attorney-in-fact. It lasts up to 1 year, or up to active duty plus 30 days for a military parent or guardian on active duty.

Key Things to Know

1
The Alaska instrument is a power of attorney over a minor child under AS 13.26.066. The parent or court-appointed guardian signs it, and the attorney-in-fact signs an acceptance (the Acceptance block of this document). The Alaska Court System offers form PG-701; the statute asks that the power of attorney be substantially in the form in subsection (f) and does not say PG-701 is mandatory.
2
It is not effective for more than 1 year. There is no automatic renewal, but after expiry a parent or guardian may enter into a new one. A military parent or guardian on active duty may exceed 1 year, but it cannot last longer than the length of active duty plus 30 days. The form asks for beginning and ending dates.
3
The statutory form includes a notary acknowledgment block for both the parent or guardian and the attorney-in-fact, and PG-701 has a matching notary certificate. One parent may delegate; the statute does not require both parents to sign. It is not filed in court: give it to the person receiving the powers and keep a copy.
4
The powers can cover enrolling the child in school, obtaining education and other records, attending school activities, and giving or withholding consent or waiver for school activities, medical treatment and dental treatment. Specific powers may be written in instead. The attorney-in-fact acts without compensation. This page does not promise that any school or medical provider must accept the document.
5
The powers cannot include consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of a parent's rights to the child. Under AS 13.26.066(h) and (i), signing it is not abandonment, neglect or abuse unless the parent or guardian fails to retake custody after it ends, and the child is not considered to be in foster care.
6
This is not a court guardianship. Parental rights are unchanged, and it does not change rights or authority set by an existing court order. A parent or guardian may revoke it at any time, and one parent may revoke a power of attorney another parent made. After revocation the attorney-in-fact must return the child as soon as reasonably possible. The section says the powers go to 'another person' and states no relative requirement or minimum age.
7
If this document does not fit your situation, or a longer or court-backed arrangement is needed, Alaska courts can appoint a guardian of a minor under AS 13.26.132 to 13.26.147, including a temporary guardian whose authority lasts no longer than six months (AS 13.26.147(c)). DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Alaska child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Key decisions before you file

Before you file a Temporary Guardianship Agreement in Alaska, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.

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POWER OF ATTORNEY OVER MINOR CHILD (Alaska, AS 13.26.066, Delegation of powers over minor child)

This power of attorney is made under AS 13.26.066 without a court. It is not filed in court. It does not change parental rights, legal rights, obligations or other authority established by an existing court order. The Alaska Court System form PG-701 is available, and this document follows the statutory form in AS 13.26.066(f) in substance.

PARENT OR GUARDIAN I, [PARENT OR GUARDIAN FULL NAME], of [ADDRESS], am the [PARENT OR COURT-APPOINTED GUARDIAN] of the minor child named below.
MINOR CHILD [CHILD FULL NAME], born [CHILD DATE OF BIRTH]. [IF APPLICABLE: ADDITIONAL CHILD FULL NAME AND DATE OF BIRTH.]
ATTORNEY-IN-FACT I delegate powers to [CAREGIVER FULL NAME], of [CAREGIVER ADDRESS], [RELATIONSHIP TO CHILD], as attorney-in-fact.
POWERS DELEGATED [ALTERNATIVE A, GENERAL DELEGATION: I delegate all of my power and authority regarding the care and custody of the child, including the right to enroll the child in school, to inspect and obtain copies of education records and other records concerning the child, to attend school activities and other functions concerning the child, and to give or withhold any consent or waiver with respect to school activities, medical treatment and dental treatment.] [ALTERNATIVE B, SPECIFIC POWERS ONLY: I delegate only these powers: SPECIFIC POWERS.]
EXCLUDED POWERS I do not delegate, and the attorney-in-fact has no power to consent to, (1) the marriage or adoption of the child; (2) the performance or inducement of an abortion on or for the child; or (3) the termination of a parent's rights to the child.
TERM This power of attorney begins on BEGINNING DATE and ends on ENDING DATE, unless revoked sooner. [ALTERNATIVE A, STANDARD: The ENDING DATE is not more than 1 year after it begins.] [ALTERNATIVE B, MILITARY PARENT OR GUARDIAN ON ACTIVE DUTY: I am on active duty. This power of attorney may be effective for more than 1 year, but it is not effective for a period longer than the length of my active duty plus 30 days.] The attorney-in-fact acts without compensation.
REVOCATION I may revoke this power of attorney at any time. A parent of the child may revoke a power of attorney another parent of the child has made. If it is revoked, the attorney-in-fact will return the child to the custody of the parent or guardian as soon as reasonably possible.

SIGNATURES

Parent or guardian: ______________________ [PRINTED NAME] Date: [DATE]

ACKNOWLEDGMENT OF PARENT OR GUARDIAN State of ALASKA, JUDICIAL DISTRICT: [JUDICIAL DISTRICT] On [DATE], before me personally appeared [PARENT OR GUARDIAN FULL NAME], known to me to be the person who executed this power of attorney, and acknowledged to me that they executed the same. Notary public: ______________________ My commission expires: [DATE]

ACCEPTANCE I hereby accept my designation as attorney-in-fact for the minor child identified in this power of attorney.

Attorney-in-fact: ______________________ [PRINTED NAME] Date: [DATE]

ACKNOWLEDGMENT OF ATTORNEY-IN-FACT State of ALASKA, JUDICIAL DISTRICT: [JUDICIAL DISTRICT] On [DATE], before me personally appeared [CAREGIVER FULL NAME], known to me to be the person who executed this power of attorney, and acknowledged to me that they executed the same. Notary public: ______________________ My commission expires: [DATE]

Alaska Requirements for Temporary Guardianship Agreement

Parent-Signed Power of Attorney Over Minor Child
A parent or guardian may, by a properly executed power of attorney substantially in the form in AS 13.26.066(f), delegate to another person one or more powers regarding the care or custody of the minor child (AS 13.26.066(a)).
One-Year Limit
The power of attorney is not effective for more than 1 year. After it expires a parent or guardian may enter into a new one. A military parent or guardian on active duty may exceed 1 year, but not beyond the length of active duty plus 30 days (AS 13.26.066(c), (d)).
Notary Acknowledgment
The statutory form includes a notary acknowledgment block for both the parent or guardian and the attorney-in-fact (AS 13.26.066(f)).
Caregiver Acceptance
The attorney-in-fact signs an acceptance in the Acceptance block of this document. The document is not filed in court; it is given to the person receiving the powers.
Excluded Powers
The powers cannot include consent to the marriage or adoption of the minor child, the performance or inducement of an abortion on or for the child, or the termination of a parent's rights to the child (AS 13.26.066(a)).
Existing Court Orders Prevail
A power of attorney does not change parental rights, legal rights, obligations or other authority established by an existing court order (AS 13.26.066(g)).
Revocation at Any Time
A parent or guardian may revoke at any time, and a parent may revoke a power of attorney another parent made. The attorney-in-fact must return the child as soon as reasonably possible (AS 13.26.066(b)).
Powers Over School and Medical Decisions
The statutory form covers enrolling the child in school, education records, school activities, and consent or waiver for school activities, medical treatment and dental treatment, or specific powers written in. The attorney-in-fact acts without compensation (AS 13.26.066(e), (f)).

Frequently Asked Questions

What is the Alaska temporary guardianship agreement called?

Who signs an Alaska power of attorney over a minor child?

How long does an Alaska power of attorney over a minor child last?

Does an Alaska power of attorney over a minor child need to be notarized?

Does the other parent have to sign in Alaska?

What can the caregiver do under an Alaska power of attorney over a minor child?

What can an Alaska parent not delegate in this power of attorney?

Does an Alaska power of attorney override a custody order?

Can an Alaska parent revoke a power of attorney over a minor child?

Is there an official Alaska form, and who can be the caregiver?

What court options exist in Alaska if this does not fit?

Find out where you stand in Alaska

Introduction

Key Things to Know

Key decisions before you file

Customize your Temporary Guardianship Agreement Template with DocDraft

Alaska Requirements for Temporary Guardianship Agreement

Parent-Signed Power of Attorney Over Minor Child

One-Year Limit

Notary Acknowledgment

Caregiver Acceptance

Excluded Powers

Existing Court Orders Prevail

Revocation at Any Time

Powers Over School and Medical Decisions

Frequently Asked Questions