Sec. 13.60.080. Use of custodial trust property.
(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary’s use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time. (b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the […]
Sec. 13.56.130. Recognition of decisions and requests.
A person shall recognize a decision or request made or communicated with the decision-making assistance of a supporter under this chapter as the decision or request of the principal for the purposes of a provision of law, and the principal or supporter may enforce the decision or request in law or equity on the same […]
Sec. 13.60.090. Determination of incapacity; effect.
(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if (1) the custodial trust was created under AS 13.60.040; (2) the transferor has so directed in the instrument creating the custodial trust; or (3) the custodial trustee has determined that the beneficiary is incapacitated. (b) A custodial trustee may determine […]
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 […]