Alaska Power Of Attorney Form Template – Forbes Advisor






































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Published: Jan 4, 2024, 9:44am

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A power of attorney (POA) is a powerful legal document that allows someone else (an attorney-in-fact or agent) to make important decisions on your behalf. If you live in Alaska, download this free Alaska power of attorney form to help ensure your financial matters will be handled according to your wishes.

What Is a Power of Attorney?

A power of attorney is a legal document where one person, referred to as the principal, gives another person, known as the “attorney-in-fact,” authority to make decisions for them. The attorney-in-fact doesn’t need to be an actual attorney, but it should be someone the principal trusts to make sound choices on their behalf.

Powers of attorney can be “durable,” which means they are still in effect if the principal becomes incapacitated or unable to make decisions. Durable powers of attorney typically end with the principal’s death. A general power of attorney that is not durable is no longer effective if the principal becomes incapacitated.


Who Should Use a Power of Attorney Form?

An attorney specializing in estate planning would say everyone should use a power of attorney. This is because a person can become incapacitated with no warning and after that, you lose the ability to appoint an agent to act on your behalf.

However, anyone who wants to ensure that a specific person has the power to act on their behalf should consider a power of attorney. While it’s often associated with an inability to make decisions for yourself—whether through age or injury—a POA is a viable tool in any situation where you need someone to act for you.


How to Create a Power of Attorney in Alaska

There are a few requirements needed to draft an Alaska power of attorney. If you have any doubts, be sure to consult with an experienced estate planning attorney. The requirements typically are that:

  • The principal can make decisions for themselves
  • There is an actual written document
  • The document includes:
    • The name of the attorney-in-fact
    • The duties the principal gives the agent
    • The principal’s signature, properly notarized
    • The date

Store the original safely and regularly recheck your power of attorney as circumstances change. Consider also sending signed copies of the power of attorney documents to your attorney-in-fact, financial institution and important family members.


Types of Powers of Attorney

Principals can choose from several types of powers of attorney. But, generally speaking, there are two different categories of powers of attorney:

  • those based on mental soundness and
  • those based on what they do and don’t cover.

Capacity-Based Powers of Attorney

Protecting assets if someone becomes incapacitated is one of the main reasons for creating powers of attorney. That’s why many POAs are designed based on the capacity of the principal.

  • Durable Power of Attorney. Here, the principal intends for the authority granted to the agent to continue even after they become incapacitated. Durability is not presumed in Alaska, which means a POA will not automatically remain effective if the principal becomes incapacitated or disabled.
  • General Power of Attorney. A general (or “non-durable”) power of attorney can only be created when the principal is competent. If the principal becomes incapacitated, the POA is no longer effective.
  • Springing Power of Attorney. Here, the POA only becomes effective if the principal becomes disabled or incapacitated. It’s also sometimes called a “standby” power of attorney.

Scope-Based Powers of Attorney

These powers of attorney are confined to a specific task or situation. They can be as narrow as a POA to sell a specific piece of property or asset. Or, they can be as broad as granting the agent the power to act in all financial matters for the principal.

The medical power of attorney is perhaps the best-known scope-based power of attorney. In Alaska this is called a health care advance directive. This document grants the agent the power to make medical decisions on behalf of the principal. Typically, this is when principals cannot make those decisions themselves.


Who Can Be an Attorney-in-Fact?

Despite the term “attorney-in-fact,” you don’t have to be an attorney to serve in the role. In fact, nearly anyone can be an agent or attorney-in-fact. As long as the person selected is a legal adult and competent, they can serve as an agent.

The most important qualification is not an official one—the attorney-in-fact should be someone the principal trusts. A POA can grant a lot of power to the agent, so it’s essential that the agent be a person likely to do what the principal would prefer.


What Are the Signing Requirements for a Power of Attorney Form in Alaska?

Signing requirements for a power of attorney differ across states. When you consider the broad powers a POA can grant, the strict requirements make sense.

In Alaska, a POA must be signed before a notary to be valid.


Do You Need a Lawyer to Get a Power of Attorney in Alaska?

You can use a template like the one provided above to create a perfectly legal power of attorney in Alaska. You could even write one without a template, as long as it meets all the legal requirements.

Just because you don’t have to have a lawyer draw up your POA, though, doesn’t mean you shouldn’t. A power of attorney can give sweeping powers to the attorney-in-fact, so it’s a good idea to have a qualified lawyer review the document before signing.


Frequently Asked Questions (FAQs)

Do you need a lawyer to get a power of attorney?

While it’s usually a good idea to consult with a lawyer before you become bound by a POA, you don’t need an attorney to get one. As long as the document complies with all the requirements of your state, a lawyer isn’t necessary to create a binding power of attorney.

How do you get power of attorney if someone is incapacitated?

Power of attorney can only be granted by a principal of sound mind, so if someone becomes incapacitated, they can no longer appoint someone to be their agent. You can, however, petition the court to make you the person’s conservator or guardian. Once this appointment is made, you can act on the person’s behalf yourself or grant power of attorney to an agent to act for them.

Who can override a power of attorney?

There are only two ways to override a power of attorney. The principal can override the POA—called “revocation”—as long as they are of sound mind.In Alaska, you can revoke a POA by destroying it or by signing a notice of revocation.

The other way to override a power of attorney is through court action. A court can remove an agent directly or appoint a guardian or conservator to the principal, who could then revoke the POA themselves.

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Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.

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