Alaska Statutes (Last Updated: January 11, 2017) |
Title 13. DECEDENTS' ESTATES, GUARDIANSHIPS, TRANSFERS, TRUSTS, AND HEALTH CARE DECISIONS. |
Chapter 13.26. PROTECTION OF MINORS AND INCAPACITATED PERSONS AND THEIR PROPERTY; POWERS OF ATTORNEY. |
Article 13.26.05. POWERS OF ATTORNEY. |
Section 13.26.645. Statutory form power of attorney. [See delayed amendment note]..
Latest version.
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A person who wishes to designate another as agent by a power of attorney may execute a statutory power of attorney set out in substantially the following form:
GENERAL POWER OF ATTORNEY
THE POWERS GRANTED FROM THE PRINCIPAL TO THE AGENT OR AGENTS IN THE
FOLLOWING DOCUMENT ARE VERY BROAD. THEY MAY INCLUDE THE POWER TO
DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND PERSONAL PROPERTY.
ACCORDINGLY, THE FOLLOWING DOCUMENT SHOULD ONLY BE USED AFTER CAREFUL
CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS DOCUMENT, YOU
SHOULD SEEK COMPETENT ADVICE.
YOU MAY REVOKE THIS POWER OF ATTORNEY AT ANY TIME.
Pursuant to AS 13.26.600, 13.26.625 - 13.26.640, and 13.26.655 -
13.26.695, I, (Name of principal), of (Address of principal), do hereby
appoint (Name and address of agent or agents), my agent(s) to act as
indicated below in my name, place, and stead in any way which I myself
could do, if I were personally present, with respect to the following
matters, as each of them is defined in AS 13.26.665, to the full extent
that I am permitted by law to act through an agent:
MARK THE BOXES BELOW TO INDICATE THE POWERS YOU WANT TO GIVE YOUR
AGENT OR AGENTS. MARK THE BOX FOR 'YES' THAT IS OPPOSITE A CATEGORY
BELOW TO GIVE YOUR AGENT OR AGENTS THE POWER IN THAT CATEGORY. IF YOU
DO NOT MARK A BOX OPPOSITE A CATEGORY, YOUR AGENT OR AGENTS WILL NOT
HAVE THE POWER IN THAT CATEGORY.
YES
(A) real estate transactions ( )
(B) transactions involving tangible personal
property, chattels, and goods ( )
(C) bonds, shares, and commodities transactions ( )
(D) banking transactions ( )
(E) business operating transactions ( )
(F) insurance transactions ( )
(G) estate transactions ( )
(H) retirement plans ( )
(I) claims and litigation ( )
(J) personal relationships and affairs ( )
(K) benefits from government programs and civil or military
service ( )
(L) records, reports, and statements ( )
(M) voter registration and absentee ballot requests ( )
(N) all other matters, including those specified as follows: ( )
________________________________________________________________
________________________________________________________________
________________________________________________________________
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
The agent or agents you have appointed WILL NOT have the power to
do any of the following acts UNLESS you MARK the box opposite that
category:
( ) create, amend, revoke, or terminate an inter vivos trust;
( ) make a gift, subject to the limitations of AS 13.26.665(q)
and any special instructions in this power of attorney;
( ) create or change a beneficiary designation;
( ) revoke a transfer on death deed made under AS 13.48;
( ) create or change rights of survivorship;
( ) delegate authority granted under the power of attorney;
( ) waive the principal's right to be a beneficiary of a joint
and survivor annuity, including a survivor benefit under a
retirement plan;
( ) exercise fiduciary powers that the principal has authority
to delegate.
IF YOU HAVE APPOINTED MORE THAN ONE AGENT, MARK ONE OF THE
FOLLOWING:
( ) Each agent may exercise the powers conferred separately,
without the consent of any other agent.
( ) All agents shall exercise the powers conferred jointly,
with the consent of all other agents.
TO INDICATE WHEN THIS DOCUMENT SHALL BECOME EFFECTIVE, MARK ONE
OF THE FOLLOWING:
( ) This document shall become effective upon the date of my
signature.
( ) This document shall become effective upon the date of my
incapacity and shall not otherwise be affected by my incapacity. IF YOU HAVE INDICATED THAT THIS DOCUMENT SHALL BECOME EFFECTIVE
ON THE DATE OF YOUR SIGNATURE, MARK ONE OF THE FOLLOWING:
( ) This document shall not be affected by my subsequent
incapacity.
( ) This document shall be revoked by my subsequent incapacity.
IF YOU HAVE INDICATED THAT THIS DOCUMENT SHALL BECOME EFFECTIVE
UPON THE DATE OF YOUR SIGNATURE AND WANT TO LIMIT THE TERM OF THIS
DOCUMENT, COMPLETE THE FOLLOWING:
This document shall only continue in effect for ________ ( )
years from the date of my signature.
NOTICE OF REVOCATION OF THE POWERS GRANTED IN THIS DOCUMENT
You may revoke one or more of the powers granted in this
document. Unless otherwise provided in this document, you may revoke a
specific power granted in this power of attorney by completing a
special power of attorney that includes the specific power in this
document that you want to revoke. Unless otherwise provided in this
document, you may revoke all the powers granted in this power of
attorney by completing a subsequent power of attorney.
NOTICE TO THIRD PARTIES
A third party who relies on the reasonable representations of an
agent as to a matter relating to a power granted by a properly executed
statutory form power of attorney does not incur any liability to the
principal or to the principal's heirs, assigns, or estate as a result
of permitting the agent to exercise the authority granted by the power
of attorney. A third party who fails to honor a properly executed
statutory form power of attorney may be liable to the principal, the
agent, the principal's heirs, assigns, or estate for a civil penalty,
plus damages, costs, and fees associated with the failure to comply
with the statutory form power of attorney. If the power of attorney is
one which becomes effective upon the incapacity of the principal, the
incapacity of the principal is established by an affidavit, as required
by law.
IN WITNESS WHEREOF, I have hereunto signed my name this ____ day
of ___________, ____.
________________________________________________
Signature of Principal
Acknowledged before me at _____________________________________
__________________________ on ______________________________.
________________________________________________
Signature of Officer or Notary
If a person other than the principal executes the signature for the principal, the person may not be a person who is appointed an agent in the power of attorney, and the following signature line and notary verification must also be completed:
IN WITNESS WHEREOF, I have hereunto signed my name this ____ day of ___________, ____. ________________________________________________________________ Signature of person signing at the request of __________________ Name of Principal Printed name of person signing _________________________________ Form of identification of person signing _______________________ Acknowledged before me at _______________________________________ ___________________________ on ______________________.
____________________________________________ Signature of Officer or Notary
Authorities
13.26.332;13.26.660;13.26.670;13.26.675;13.26.680
Notes
References
AS 13.26.332
AS 13.26.660 Applicability of provisions of statutory form power of attorney. [See delayed amendment note]..
AS 13.26.670 Validity of modified statutory form power of attorney.
AS 13.26.675 When statutory form power of attorney is not affected by incapacity of principal. [See delayed amendment note]..
AS 13.26.680 Provisions applicable to statutory form power of attorney.
History
(Sec. 1 ch 109 SLA 1988; am Sec. 12 ch 30 SLA 1996; am Sec. 15 ch 83 SLA 2004; am Sec. 21 ch 56 SLA 2005; am Sec. 1 ch 2 FSSLA 2005; am Sec. 5 ch 50 SLA 2016)