Alaska Durable (Financial) Power of Attorney Form gives a person the ability to transfer their individual monetary and business rights to someone else. The principal should know the full capacity to which the power they are giving their agent by reading the form and initializing where necessary. In addition, the principal should be advised that the power they are giving the agent remains in force even if they should become incapacitated (not legally able to make decisions any longer on their own) unless otherwise is stated.

Laws – Title 13, Chapter 26, Article 5 (Powers of Attorney)

Signing Requirements (§ 13.26.600) – Must be notarized.

Medical Power of Attorney (Advance Health Care Directive) – Elect an agent to make medical decisions on your behalf should you become incapacitated.

How to Write

Download: Adobe PDF

1 – Download The PDF Template On This Page

The booklet on this page will act as a template you can use to delegate principal powers to an agent. This enables such an entity to represent you in the affairs you approve. It is available as a PDF template by clicking on the “PDF” button in the caption area of the preview image or by selecting the link above. If you do not have a PDF editor that will allow you to enter information directly on this form, you may use an up-to-date browser to save and print it to fill out at your convenience.

2 – Declare The Identity Of Each Agent At The Onset Of This Paperwork

The first section, titled “Designation Of Agent,” will present a declaration statement announcing the principal’s intentions to grant an agent the power to act according to this paperwork in his or her name. To begin, the full name of the Principal along with his or her must be supplied to the first blank line (labeled “Name And Address Of Principal”). It is important that this is a complete report thus make sure to record the first, middle, and last name of the Principal with any applicable titles held by the Principal (i.e. “Dr.,” “MD,” “Esq.,” etc.). Also, the address reported here should be the full residential address of the Principal as it appears on his or her government issued identification (i.e. state I.D., Driver’s License). The Agent that will be able to represent the Principal with the authority to do so through this document must also be named. More than one Agent can be named however, it is strongly recommended that the Principal consider how two such entities must interact when wielding principal power. Record the full name of the Agent on the line labeled “Name Of Individual You Choose As Your Agent.” The next blank line of this section, “Address Of Agent,” requires the complete address of the person we named as the recipient of principal authority. As with the Principal’s address recorded above, make sure this is the physical address listed on the Agent’s government identification papers (i.e. Driver’s License, State I.D., Passport, etc.). Now, record the telephone number where the Agent can be reached in an immediate fashion on the blank line “Telephone Contact Of Agent.” You may list more than one phone number here. For instance, you can list the Agent’s cell phone number, work phone number, and home number (just make sure each is properly labeled as such).  If the Principal wishes to authorize an additional Agent or Agents to represent him or her then each one must be documented. Enough room has been provided so that one additional Agent can be granted principal authority. If the Principal requires more Agents you may add more room using an editing program or cite an attachment with a full roster of the Agents’ information. If there is a second Agent, then identify the next Agent on the blank line “Name Of Second Individual You Choose As Your Agent.” The complete address and current telephone number(s) of the second Agent must be recorded on the blank lines labeled “Address Of Second Agent” and “Telephone Contact Of Second Agent.”  The second section, “If You Have Appointed More Than One Agent In Section 1 Above…,” will only need to fill out if the Principal wishes to authorize two or more Agents. If the Principal has named more than one Agent and wishes each to act independently of the other, then mark the first blank line. Note: This section does not apply to Successor Agents. If the Principal wishes the Agents to act only in conjuncture with one another when wielding principal authority, then mark the second blank line (just before the words “All Agents Shall Exercise….”

3 – Determine Then Approve Each Principal Power The Agent(s) May Wield

Section 3 must be satisfied regardless of how many Agents are being granted principal authority. Here, a list of various subjects has been presented with a column labeled “Yes.” The Principal must go through this list of subject matters and mark the corresponding box in the “Yes” column if he or she wishes to give the Agent the authority to make decisions and act on his or her behalf in that subject matter.

If the Principal wants to authorize the Agent’s ability to make decisions and enact such decisions with “Real Estate Transactions” then mark the “Yes” box for the statement labeled “(A).” Do not place a mark in this box if the Principal does not wish the Agent to act in such matters. The “(B)” statement should be selected if the Agent should be able to represent the Principal in “Transactions Involving Tangible Personal Property, Chattels, And Goods.” Mark the “(C) Bonds, Shares, And Commodities Transactions” to allow the Agent the right to represent the Principal’s finances in ways such as buying or selling stocks. Principal “Banking Transactions” can be conducted at the will of the Agent with principal authority, if “Yes” box for statement “(D)” is marked. The ability to represent the Principal with his or her “Business Operating Transactions” can be bestowed to the Agent(s) by selecting the “(E)” statement. The statement labeled “(F)” is selected, this will give the Agent the authority to act for the Principal with “Insurance Transactions.” For instance, the Agent can pay for, enroll, or terminate insurance policies on behalf of the Principal. This does not include health insurance. The authority to conduct the same “Estate Transactions” the Principal engages in can be conferred to the Agent by marking the “Yes” box for statement “(G).” The Agent can conduct some of the Principal’s business with “Retirement Plans” (within the confines of the law) if the “Yes” box corresponding to statement “(H)” is selected. The “(I)” statement should be marked if the Principal intends to authorize the Agent’s use of power to represent his or her interests in “Claims And Litigation” matters. The Principal can give the Agent the right to make decisions regarding his or her “Personal Relationships And Affairs” and the authority to carry out such decisions with principal authority if the “Yes” box is marked for statement “(J).” While laws concerning some of the areas in the subject matter of statement “(K)” will limit the use of principal power, the Principal may give the Agent the right to act on his or her behalf with “Benefits From Government Programs And Civil Or Military Service” if the corresponding “Yes” box is marked. If the Principal intends for the Agent to access and control his or her “Records, Reports, And Statements” then mark the “Yes” box for statement “(L).”

The Principal’s “Voter Registration And Absentee Ballot Requests” can be conducted by the Agent if statement “(M)’s” corresponding “Yes” box is marked.  Any matters not covered in this list can also be granted to the Agent if the “Yes” box for statement “(N).” In some cases, the Principal may wish to grant the Agent the power to represent him or her in some aspects of one of these subject matters but not all. Some space in “(O) Only These Powers Specified.” If the “Yes” box is marked for this statement, you must use the space provided to detail precisely what Agent is authorized to do on behalf of the Principal. The next section, “Section 4. Grant Of Specific Authority (Optional),” will also seek some definitions as to what the Agent may do when representing the Principal. This section is optional and should only be filled out if the Principal wishes to authorize these specific powers to the Agent. Each statement here will have a corresponding checkbox which should be marked if the Principal intends for the Agent to undertake the actions defined. None of these actions are covered by the previous section and will only be granted to the Agent if the corresponding checkbox is marked. For instance, the first statement should be checked if the Principal wishes the Agent to be able to “Create, Amend, Revoke, Or Terminate An Inter Vivos Trust” or can be left unmarked if the Principal does not want the Agent to perform any of these actions. This section will cover inter vivos trusts, making gifts, handling beneficiary designations, revoking or transfering a death deed under AS 13.48, managing rights of survivorship, approving another party’s use of principal power granted here, waiving a Principal’s beneficiary or survivor rights, and exercising Fiduciary Powers on behalf of the Principal.

4 – When And How This Power Appointment Begins And Ends Must Be Discussed

The next few sections will address when the Agent can use the principal powers being granted to him or her to represent the Principal. That is, the Agent will only have access to the authority the Principal is approving for the Agent’s use during this time and will not be able to utilize any principal power outside of this time frame. We will begin with the fifth section. One of these two statements should be marked to indicate the Principal’s wishes. If the Agent should access principal power immediately upon the Principal’s signing of this document, then mark the first statement. If these powers should only go into effect only if or when the Principal is incapacitated, then mark the blank line attached to the second statement. In Section 6, a report on this document’s status when the Principal becomes incapacitated must be solidified. If the powers delivered here will remain accessible to the Agent even when the Principal is incapacitated then mark the first blank line in this section, however, if this document automatically terminates immediately upon the Principal’s incapacity then mark the blank line before the second statement. Section 7 will take into account issuers who wish this document to become active immediately upon its signing but does not wish it remains in effect indefinitely. If this is the case, then record the calendar date when the powers given in this paperwork automatically expire using the blank spaces labeled “Month/Day” and “Year.”

5 – Some Additional Information Can Be Reported Before Executing This Document

As mentioned, the Principal of this document has the option of naming a Successor Agent. Such an individual can be thought of as a back-up Agent and will only be able to represent the Principal and wield Principal Power if the Agent(s) named in the first section are unable, unwilling, or unavailable to represent the Principal. If the Principal wishes to place such an entity in place, then locate Section 10 and document the full name and complete address of the Successor Agent on the blank line labeled “Name And Address Of Alternate.” In addition to a Successor Agent, the Principal can suggest an individual to be considered as a Court-Appointed Guardian/Conservator should the courts deem one necessary. If the Principal has such an individual in mind to suggest, record his or her name and address on the blank line labeled “Name And Address Of Guardian Or Conservator” in Section 11. If the Principal has an “Alaska Advance Health Directive” in place, then mark the first statement in “Section 12.”  If no such directive exists, then mark the second statement.

6 – A Notarized Principal Signature Is A Requirement Of Execution

The Principal who has decided to grant his or her authority to the Agent(s) named above must sign this paperwork. He or she should review this appointment then enter the two-digit calendar date, the month, and two-digit calendar year that he or she is singing this document across the three blank spaces in Section 13. Once he or she has recorded the current calendar date, the Principal must sign the “Signature Of Principal” line. The area below the Principal’s signature will be used by the Notary Public who is overseeing this signing. This is the only entity that can satisfy this area’s requirements. In some cases, someone other than the person granting powers may be signing the Principal’s name. If so, then some additional items must be supplied by the Signature Party. He or she must record the two-digit calendar date, month, and year of signing across the three blank spaces in the “In Witness…” statement in the next area. The Signature Party must then print the name of the Principal on the blank line labeled “Name Of The Principal.”  Once the Signature Party has recorded the signature date and printed the name of the Principal, he or she must sign the “Signature Of The Person Signing At The Request Of The Principal” line then print his or her name on the “Printed Name Of Person Signing At The Request Of The Principal” line. The Signature Party must relinquish control of this document and present his or her I.D. to the Notary Public present. The Notary Public will then report the I.D. type presented by the Signature Party, then use the remaining section to notarize the Signature Party’s self-report and signing. If this document had to be translated for the Principal, then we must tend to the “Translation Cause.” This area has been presented so that the Translator can report the language that was translated from English for the Principal and sign his or her name.