Section 13.26.680. Provisions applicable to statutory form power of attorney.

   (a) [See delayed amendment note]. =ro 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 of technological assistance, and this impairment is the result of mental illness, mental deficiency, physical illness, physical disability, advanced age, use of drugs, chronic intoxication, or other similar medical or psychological reason, to such an extent that the principal is unable to manage the principal's property or affairs; or
             (B) is
                  (i) missing;
                  (ii) detained, including incarcerated in a penal system; or
                  (iii) outside the United States and unable to return; and
        (2) if the incapacity is based on (1)(A) of this subsection, two physicians or similarly qualified medical professionals who have personally examined the principal shall sign the affidavit; however, the affidavit may be signed by only one physician or similarly qualified medical professional if only one physician or similarly qualified medical professional is available and the affidavit executed by the person states that only one physician or similarly qualified medical professional is available.
   (b) [See delayed amendment note]. =ro A third party who relies on the reasonable representations of an agent designated under AS 13.26.645 - 13.26.670 as to a matter relating to a power granted by a properly executed statutory form power of attorney does not incur a liability to the principal or the principal's heirs, assigns, or estate as a result of permitting the agent to exercise the authority granted by the power of attorney.
   (c) [Repealed, January 1, 2017]. =ro A third party shall honor the terms of a properly executed statutory form power of attorney. A third party who fails to honor a properly executed statutory form power of attorney may be liable in a civil action to the principal, the attorney-in-fact, or the principal's heirs, assigns, or estate for a civil penalty not to exceed $1,000, plus the actual damages, costs, and fees associated with the failure to comply with the statutory form power of attorney. The civil action shall be the exclusive remedy at law for damages.

Notes

History

(Sec. 1 ch 109 SLA 1988; am Sec. 20, 21, 28 ch 50 SLA 2016)