Sec. 13.63.020. Terms-of-service agreement.
(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or […]
Sec. 13.63.030. Procedures for disclosing digital assets.
(a) When disclosing digital assets of a user under this chapter, the custodian may, in its sole discretion, (1) grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated […]
Sec. 13.63.040. Disclosure of content of electronic communications of deceased user.
If a deceased user consented or a superior court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian (1) a […]
Sec. 13.56.140. Limitation of liability.
(a) A person who, in good faith, either acts in reliance on an authorization in a supported decision-making agreement or declines to honor an authorization in a supported decision-making agreement is not subject to civil or criminal liability or to discipline for unprofessional conduct for (1) complying with an authorization in a supported decision-making agreement, […]
Sec. 13.60.100. Exemption of third person from liability.
A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining […]
Sec. 13.56.150. Capability and capacity.
(a) In the application of this chapter, a decision that a principal is incapable of managing the principal’s affairs may not be based on the manner in which the principal communicates with others. (b) An adult who enters into a supported decision-making agreement may act without the decision-making assistance of the supporter. (c) A person […]
Sec. 13.56.160. Principal’s affairs.
This chapter applies to decisions related to the following affairs of a principal: (1) monitoring health, obtaining, scheduling, implementing, and coordinating health and support services, understanding health care information and options, providing for care and comfort, and other health care and personal matters in which the principal makes decisions about the principal’s health care; (2) […]
Sec. 13.56.170. Support services.
The following are considered support services under this chapter: (1) house repair, home cleaning, laundry, shopping, and providing meals; (2) transportation, accompanying a principal, and facilitating a principal’s written, oral, and electronic communication; (3) nurse visitations and attendant care; (4) provision of health care; (5) physical and psychosocial assessments; (6) financial assessments and advice on […]
Sec. 13.56.180. Form for supported decision-making agreement.
A supported decision-making agreement must be in substantially the following form: STATUTORY FORM FOR SUPPORTED DECISION MAKING AGREEMENT (1) INTRODUCTION. I, __________________________________, want to have one or more persons I trust help me make decisions, obtain and understand the information I need to make my decisions, and tell other people about my decisions. The people […]
Sec. 13.56.190. Definitions.
In this chapter, unless the context indicates otherwise, (1) “adult” means an individual who is 18 years of age or older; (2) “affairs” means the affairs described in AS 13.56.160; (3) “capacity” means the ability to understand and appreciate the nature and consequences of a decision and the ability to reach and communicate an informed […]