Updated August 08, 2023
An Alaska general power of attorney allows an individual to select an agent to make business and financial decisions on their behalf. The agent’s designation will terminate upon the principal’s death, incapacitation, or if revoked (in writing).
Note: The General POA is the same document as the Durable POA except that in Section 5 the box marked “This document shall be revoked by my subsequent disability” is marked “Yes“.
Laws
- Statutes – Title 13, Chapter 26, Article 5 (Powers of Attorney)
- Signing Requirements (AS § 13.26.600) – Must be notarized.
How to Write
Download: PDF
1 – To Declare Principal And Agent
Enter the Principal’s Name and Address on the first line across the two blank spaces provided.
Document the Agent’s Name and Address on the blank line labeled “Name and address of agent or agents”
2 – To Transfer Principal Authority
Only initial and cross-out the powers that the principal would not like the agent to have. If the principal approves of all of them he/she should not write anything.
The Principal must Initial and cross out Item A to restrain the Agent from Authority in Real Estate Transactions.
The Principal must Initial and cross out Item B if he or she does not wish to grant Authority in tangible personal property transactions.
The Principal must Initial and cross out Item C if he or she does not wish the Agent to have Authority over Principal transactions involving Bonds, Shares, and Commodities.
The Principal must Initial and cross out Item D, if the Agent should not be granted Authority regarding Banking Transactions.
The Principal must Initial and cross out Item E to prevent the Agent from having Authority in Business Operating Transactions.
The Principal must Initial and cross out Item F to avoid granting the Agent Authority in the Principal’s Insurance Transactions.
The Principal must Initial and cross out Item G to restrain the Agent’s Authority from Estate Transactions.
The Principal must Initial and cross out Item H to limit the Agent’s Authority from Gift Transactions.
The Principal must Initial and cross out Item I, if the Agent should not have Authority in any Claims and Litigation involving the Principal.
The Principal must Initial and cross out Item J to separate the Agent from any Authority over the Principal’s Personal Relationships and Affairs.
The Principal must Initial and cross out Item K to exclude the Agent from Authority regarding Government Programs and Military Service where the Principal is concerned.
The Principal must Initial and cross out Item M to keep the Agent from having Authority over the Principal’s Records (this includes reports and statements).
The Principal must Initial and cross out Item N to prevent the Agent from having the Authority to Delegate.
There may be some subjects or matters that have not been mentioned here the Principal may not wish the Agent to have Authority over. In this case, the Principal must Initial and cross out Item O. There will be a couple of blank lines to explain what the Principal wishes to restrain the Agents power from.
3 – To Define Agent Interaction and Authority
Check the following statement that best describes your agent situation on whether you want the agents (if there is more than one (1)) to work together or act individually.
4 – To Define Period of Authority
Check whether you would like this document’s effect to begin immediately as the form does not cover incapacity by placing an “X” in the first statement in Section 4 or if the Principal will retain Authority until disabled by marking the second the statement.
5 – To Define Principal Disability and Agent
As this is a general (non-durable) document it has already been selected that it does not cover disability.
6 – To Document Agent Authority Period
Locate Section 6. If the form is only available for a term (and not perpetual), enter the number of Years and Months the Principal intends the Agent to retain Principal Authority in this blank field.
7 – To Provide Health Directive Information
If the Principal has filled-in or will complete an Alaska Advance Health Care Directive provide an “X” in the space preceding the first statement in Section 8. If not, leave the first space blank and place an “X” on the blank space preceding the second statement.
8 – To Name Alternate Agents
In Section 9, enter the name(s) and address(es) of any secondary or alternate agents. The Principal may name up to two Alternate Agents on the spaces following the statements beginning with “First alternate…” and Second alternate….” respectively.
9 – To Solidify This Form as a Document
In Section 10, only the principal is required to sign and it must be done in the presence of a notary public. The Date of the Signature must be provided at the end of the Third Party Notice paragraph in the statement containing three blank spaces.
The Principal is required to Sign the Principal Signature line labeled “Signature of Principal.”
Make sure this is done in the presence of the attending Notary Public and that only the Notary Public fills in the area beneath the words “State of Alaska.” Both Principal and Agent should keep a copy of this document and, if required, file the Notarized Power of Attorney with any appropriate government, financial, or private institutions that are relevant to the Principal and the Authority given to the Agent.
If this document required a Translator, then enter the Foreign Language the Principal or Agent needed the translation to be done in on the blank space in the last paragraph. The Translator’s Signature is required on the appropriate blank space.