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Advance Directive in Alaska: Health Care Power of Attorney, Instructions and Witnesses

Alaska's advance health care directive can name an agent, give instructions, or both. The agent part needs two qualified witnesses or an Alaska notary. Here is how it works, from the Health Care Decisions Act, AS 13.52.

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What to know

An Alaska advance health care directive is either an individual instruction about care or a durable power of attorney for health care that names an agent. The statute says it "means an individual instruction or a durable power of attorney for health care." Under AS 13.52.010, an adult can name an agent who "may authorize the agent to make any health care decision the principal could have made while having capacity," and the statute prints an optional form, titled "ADVANCE HEALTH CARE DIRECTIVE," in AS 13.52.300.

What documents does Alaska use?

Alaska uses one advance health care directive, which can hold a durable power of attorney for health care, individual instructions, or both (AS 13.52.390).

DocumentWhat it doesSigning rule
Durable power of attorney for health careNames an agent to make health care decisionsTwo qualified witnesses, or an Alaska notary (AS 13.52.010(b))
Individual instructionYour parent's own direction about their health care, including end-of-life choicesMay be oral or written; no witness rule in AS 13.52.010(a)
Optional statutory formBoth, plus anatomical gifts, mental health treatment and a primary physicianWitnesses or notary for the agent part

Alaska's statute doesn't use the term "living will." End-of-life wishes are individual instructions, which "may be oral or written" and "may be limited to take effect only if a specified condition arises." A financial power of attorney is separate and its statutory form doesn't cover health care; see our Alaska power of attorney guide. For the general picture, see power of attorney vs. advance directive.

How do you sign an Alaska health care power of attorney?

Under AS 13.52.010(b), it "must be in writing, contain the date of its execution, be signed by the principal," and be witnessed by one of two methods:

  1. "signed by at least two individuals who are personally known by the principal," each of whom saw your parent sign or acknowledge the signature; or
  2. "acknowledged before a notary public at a place in this state."

None of these people can be a witness:

At least one of the two witnesses must be someone who isn't related to your parent by blood, marriage or adoption and isn't entitled to part of your parent's estate under a will or by law. The optional form has a witness block for each kind. An instruction in the same document stays valid even if the agent appointment doesn't meet these witnessing rules (AS 13.52.010(l)).

Who can't be the health care agent?

Under AS 13.52.010(c), "Unless related to the principal by blood, marriage, or adoption, an agent under a durable power of attorney for health care may not be an owner, operator, or employee of the health care institution at which the principal is receiving care." Family members can serve.

If your parent names a spouse, "A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent" unless the decree or the document says otherwise (AS 13.52.020).

When does the agent start making decisions?

Unless the document says otherwise, the agent's authority "becomes effective only upon a determination that the principal lacks capacity and ceases to be effective upon a determination that the principal has recovered capacity." Except in cases of mental illness, the primary physician makes that determination. The optional form has a box your parent can mark so the agent's authority "takes effect immediately."

The agent follows your parent's instructions and known wishes, otherwise their best interest, considering "the principal's personal values to the extent known to the agent." The agent's decisions are effective without court approval, and "a health care decision of an agent takes precedence over that of a guardian" unless a court orders otherwise (AS 13.52.040). If capacity is in question, the agent can see the medical information needed to decide it right away.

Some limits are built in. Without a writing that clearly says otherwise, an agent can't consent to abortion, sterilization, psychosurgery or organ removal except to preserve life or prevent serious harm to health, and can't consent to admission to a mental health facility unless the written directive expressly allows it, for no more than 17 days.

Where do you get an Alaska advance directive form?

The statute prints one. Under AS 13.52.300, the sample form "may be used to create an advance health care directive," and "This form may be modified to suit the needs of the person, or a different form that complies with this chapter may be used, including the mandatory witnessing requirements." It has five parts: the health care power of attorney, instructions for health care, anatomical gifts, mental health treatment, and a primary physician.

The end-of-life section offers a "Choice To Prolong Life" and a "Choice Not To Prolong Life," along with choices about artificial nutrition and hydration and pain relief. The Alaska Court System's self-help page links a free copy with instructions. The form tells your parent to give copies to their physician, other providers, any facility where they receive care, and their agents, and "A copy of this form has the same effect as the original."

What happens if your parent has no advance directive?

A surrogate can make health care decisions for your parent under Alaska's default list. Under AS 13.52.030, if no agent or guardian is available and the primary physician determines your parent lacks capacity, a surrogate can decide. Your parent can name a surrogate by personally informing the supervising health care provider. Otherwise, in descending order of priority:

  1. the spouse, unless legally separated;
  2. an adult child;
  3. a parent;
  4. an adult sibling;
  5. "an adult who has exhibited special care and concern for the patient, who is familiar with the patient's personal values, and who is reasonably available."

If members of a class disagree, the provider follows the majority of those who've shared their views. If they're evenly divided, that class and lower ones are disqualified and the primary physician decides after consulting them. While able, your parent can disqualify anyone, including a family member, from acting as surrogate. Guardianship, a court process, is described in conservatorship and guardianship.

How do you revoke an Alaska advance directive?

Your parent can revoke it, and the parts follow different rules under AS 13.52.020:

Separate rules apply to mental health treatment: a directive can't be revoked while a court, two physicians including a psychiatrist, or a physician and a mental health clinician find your parent not competent. A later directive that conflicts with an earlier one revokes it to the extent of the conflict.

What about POLST?

A POLST, or Provider Orders for Life Sustaining Treatment, is separate from an advance directive. Alaska's do-not-resuscitate protocol is set by Department of Health regulation, which adopts "the Provider Orders for Life Sustaining Treatment (POLST) Program" (7 AAC 16.010). Providers can use the state's Alaska POLST form, dated January 4, 2024, and on DNR, POLST or MOLST orders from other states that meet Alaska law. As a condition of care or coverage, no provider or insurer can require your parent to have a directive or a DNR order.

Frequently asked questions

Does an advance directive need to be notarized in Alaska?

Not necessarily. The health care power of attorney part needs either two qualified witnesses who personally know your parent or acknowledgment before a notary in Alaska, under AS 13.52.010(b). Either method works. An individual instruction on its own can be oral or written, with no witness rule in the statute.

Can a family member witness an Alaska health care power of attorney?

One of the two witnesses can be a relative or someone who'd inherit, but at least one must be neither. No witness can be the agent, a health care provider employed where your parent is receiving care, or an employee of your parent's provider or that facility. A notary in Alaska is the alternative.

Where can I get an Alaska advance directive form?

The statute prints an optional Advance Health Care Directive form in AS 13.52.300, and the Alaska Court System's self-help page links a free copy with instructions. Your parent can modify it or use a different form, as long as the agent part meets the witnessing or notary requirement.

Who makes medical decisions in Alaska if there's no advance directive?

A surrogate. Under AS 13.52.030, your parent can name one by telling the supervising provider. Otherwise the order is the spouse unless legally separated, an adult child, a parent, an adult sibling, then an adult who has shown special care and knows your parent's values. A majority within a class controls.

Is an advance directive from another state valid in Alaska?

Yes, if it complies with Alaska's chapter. Under AS 13.52.010(k), a directive made under another state's laws is valid in Alaska if it complies with that chapter, "regardless of where or when it was executed or communicated." Alaska's AS 13.28 separately addresses health care documents signed in other states. An attorney can confirm what covers both states.

Can my parent change their mind after signing?

Yes. Your parent can revoke the agent appointment by a signed writing or by personally telling the supervising health care provider, and can revoke instructions in any manner that shows the intent. Special rules apply to mental health treatment. Giving the provider the new document keeps the record current.

Getting started

An advance health care directive only helps if it's signed while your parent can sign it, with qualified witnesses or an Alaska notary, and if copies reach the doctor and the agent. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.

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Retirement Checklist explains how these documents work; it is not a law firm, and this page is not legal, financial or medical advice. Decisions belong to your parent, ideally with a qualified professional in their state.

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