Medical power of attorney in Alaska: how it works, how to sign
The short answer
In Alaska, a durable power of attorney for health care names someone to make medical decisions when you can't. Sign and date it before two witnesses who know you, or a notary in Alaska. If you name nobody, the law turns to your spouse, an adult child, a parent, an adult sibling, then a close friend.
Underneath every medical power of attorney is one simple question. If you can't speak for yourself, who talks to the doctor?
Alaska's umbrella term is an "advance health care directive." The part that names your decision-maker is a "durable power of attorney for health care," and the person you name is your agent. This page covers how to sign one, who can't be a witness, and what happens if you name nobody. It is part of our estate planning guides by state. For the basics of the role, see what a medical power of attorney is.
How do I sign one in Alaska?
The document must be in writing, dated and signed by you. Then it needs one of these (AS 13.52.010):
- Two witnesses who know you personally and who saw you sign or heard you acknowledge your signature, or
- A notary public, with the acknowledgment taken at a place in Alaska.
That differs from Alaska's financial power of attorney, which needs a notary and no witnesses. Our Alaska power of attorney guide covers that document.
Alaska publishes an optional statutory form (AS 13.52.300). You may change it to fit your wishes, but the witnessing rules still apply. A directive valid under another state's law is valid in Alaska if it also complies with Alaska's chapter.
Who can't be my witness?
If you use witnesses instead of a notary, some people are ruled out (AS 13.52.010):
| Person | Can they witness? |
|---|---|
| The person you name as your health care agent | No |
| A health care provider employed where you are receiving care | No |
| An employee of your health care provider, or of the facility where you are receiving care | No |
| A relative by blood, marriage or adoption | One witness may be; the other must not be |
| Someone who would inherit from you, by will or by law | One witness may be; the other must not be |
| A friend or neighbor who is none of the above | Yes |
The rule in the middle rows is the one to remember. At least one of your two witnesses must be neither related to you nor in line to inherit from you.
Your agent has a limit too. Unless related to you, your agent can't be an owner, operator or employee of the health care facility where you are receiving care.
When does my agent's authority start?
Your agent steps in only when you are determined to lack capacity, unless your document says otherwise. And because it is a durable power, it keeps working after you lose capacity (AS 13.52.010).
Your agent acts as a fiduciary: legally required to act in your interest and follow what you wrote. Day to day, that means talking with doctors, reading your chart, and saying yes or no to a test or a new medicine in light of your wishes.
Do I need a living will too?
Alaska doesn't use the name "living will." Instead, you write "individual instructions" about treatment inside your advance health care directive. Part 2 of the optional form is where they go (AS 13.52.300).
Three details are worth knowing (AS 13.52.010):
- You may give an individual instruction in writing or out loud, with limited exceptions for organ donation.
- You can say an instruction applies only if a certain condition arises.
- If the agent part of your document fails the witnessing rules, a valid instruction in it can still stand.
Writing down your wishes means your agent isn't guessing. Our post on health care power of attorney vs living will explains how the two fit together, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
Most states have a law listing who can decide if you haven't named anyone, and Alaska is one of them (AS 13.52.030). It applies when there is no agent or guardian available and your primary physician finds you lack capacity.
First, Alaska lets you name a surrogate simply by telling your supervising health care provider. That person comes ahead of everyone on the family list.
Otherwise, the first reasonably available person in this order can decide:
| Order | Who can decide |
|---|---|
| 1 | A surrogate you named by telling your health care provider |
| 2 | Your spouse, unless legally separated |
| 3 | An adult child |
| 4 | A parent |
| 5 | An adult brother or sister |
| 6 | A close friend |
A close friend counts only if they are an adult who has shown special care and concern for you, knows your personal values, and is reasonably available. Unless related to you, a surrogate can't be an owner, operator or employee of the facility where you are receiving care.
If several people in one group disagree, the provider follows the majority of those who have spoken up. If they split evenly, that group and every group below it drop out, and your primary physician decides after consulting them. The provider may also ask a surrogate for a sworn written statement of their authority.
You can also rule someone out. While you have capacity, you can disqualify a person in writing or by telling your provider.
Notice where the close friend sits: sixth, after your siblings and parents. If the person who really knows your wishes is a friend or a niece, naming them in a durable power of attorney for health care moves them to the front. Our who decides for me tool shows the order where you live, and the 50-state guide to default decision-makers compares states.
Here is a typical case, a composite. Susan is 73, divorced, and lives in Fairbanks. Her sister is in Florida and they talk on holidays. Her neighbor Anne drives her to appointments and knows what she would want. Susan names Anne as her health care agent and her sister as backup.
How do I choose my agent?
Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they would choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask good questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.
Once your health papers are in order, our Alaska probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Alaska?
No, not if you use witnesses. You can sign before two witnesses who know you personally, or before a notary at a place in Alaska. Either works.
Can a family member witness my Alaska health care directive?
One of your two witnesses can be a relative. The other must be someone who isn't related to you and wouldn't inherit from you. Your agent can't witness at all.
Can a close friend make medical decisions for me in Alaska?
Yes, in two ways. You can name them in a durable power of attorney for health care, or tell your provider they are your surrogate. Without either, a close friend can decide only if no spouse, adult child, parent or adult sibling is reasonably available.
Is there an official Alaska form?
Alaska publishes an optional statutory form for an advance health care directive. You can modify it, but the signing and witnessing rules still apply.
Sources
This page is general information, not legal or financial advice. Laws vary by state.