Sec. 13.26.580. Foreign conservators.
If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a judicial district in which property belonging to the protected person is located, authenticated copies of appointment and of any official bond given. […]
Sec. 13.26.670. Validity of modified statutory form power of attorney.
A power of attorney that satisfies the requirements of AS 13.26.645 – 13.26.665 is not prevented from being a statutory form power of attorney by the fact that it also contains additional language that (1) eliminates from the power of attorney one or more of the powers enumerated in one or more of the subsections […]
Sec. 13.26.595. Definitions.
In AS 13.26.401 – 13.26.595, unless the context requires otherwise, “fraud” means (1) robbery, extortion, and coercion under AS 11.41.500 – 11.41.530; (2) offenses against property under AS 11.46.100 – 11.46.740; or (3) exploitation of another person or another person’s resources for personal profit or advantage if no significant benefit accrues to the person who […]
Sec. 13.26.675. When statutory form power of attorney is not affected by incapacity of principal.
(a) The subsequent incapacity of a principal does not revoke or terminate the authority of an agent who acts under a power of attorney in a writing executed by a principal if the writing contains the words “This power of attorney shall become effective upon the incapacity of the principal,” or contains the words “This […]
Sec. 13.26.600. Execution of power of attorney.
(a) A power of attorney executed in this state is valid if the principal (1) signs the power of attorney or, if the principal is physically unable to sign the power of attorney, directs, in the principal’s conscious presence, another individual to sign the principal’s name on the power of attorney; and (2) acknowledges the […]
Sec. 13.26.680. Provisions applicable to statutory form power of attorney.
(a) For purposes of AS 13.26.645 – 13.26.665, (1) the incapacity of a principal shall be established by affidavit stating that the principal is unable to manage property or business affairs because the principal (A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use […]
Sec. 13.26.605. Agent’s acceptance and liability.
(a) Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. (b) An agent that violates a provision in AS 13.26.600 – 13.26.695 is liable to […]
Sec. 13.26.610. Agent’s duties.
(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall (1) act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest; (2) act in good faith; and (3) act only within the scope of authority granted in […]
Sec. 13.26.615. Acceptance of power of attorney.
(a) A third party asked to accept a power of attorney may request, and rely upon, without further investigation (1) an agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (2) an English translation of the power of attorney if the power of attorney contains, in […]
Sec. 13.26.620. Termination of power of attorney; agent’s resignation; notice.
(a) Except as provided in AS 13.26.625, a power of attorney terminates when (1) the principal dies; (2) there is an incapacity of the principal, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose of the […]