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Power of Attorney in Alaska: The Notary Rule, the Statutory Form and Durability
An Alaska power of attorney must be signed and acknowledged before a notary, and under the statutory form it isn't durable unless your parent marks the box. Here is what AS 13.26 requires.
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What to know
- An Alaska power of attorney is valid when your parent signs it and acknowledges the signature before a notary; the statute doesn't call for witnesses (AS 13.26.600).
- Durability isn't automatic on the statutory form: if your parent doesn't say what happens on incapacity, "the instrument shall be revoked by the subsequent incapacity of the principal" (AS 13.26.660).
- A bank presented with a notarized power of attorney must accept it, or ask for a certification, translation or legal opinion, within five business days.
- Health care decisions use a separate document, the durable power of attorney for health care under AS 13.52.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
An Alaska power of attorney is valid when your parent signs it and acknowledges the signature before a notary, and on the statutory form it survives incapacity only if your parent marks that choice. Under AS 13.26.600, it's valid if your parent signs it, or directs someone in their conscious presence to sign if physically unable, and "acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments." In Alaska, the notary is a requirement for validity, not an optional extra.
What is a durable power of attorney in Alaska?
It's a document in which your parent (the principal) names an agent to handle property and finances, and says the agent's authority continues if your parent loses capacity. Alaska's law is Article 5 of chapter 13.26, AS 13.26.600 to 13.26.695.
The word "durable" matters here because Alaska doesn't presume it. Under AS 13.26.675, incapacity doesn't end the agent's authority if the document says "This power of attorney shall not be affected by the subsequent incapacity of the principal," or that it becomes effective on incapacity, or similar words. For why the timing of signing matters, see our guide to power of attorney for an elderly parent.
What does Alaska require for a power of attorney to be valid?
Alaska requires your parent's signature and a notary's acknowledgment, and the power of attorney article requires no witnesses (AS 13.26.600).
| Step | What the law says | Statute |
|---|---|---|
| Signature | Your parent signs, or directs another person to sign in their conscious presence if physically unable | AS 13.26.600(a)(1) |
| Notary | Your parent acknowledges the signature before a notary or other official | AS 13.26.600(a)(2) |
| Witnesses | None required in the power of attorney article | AS 13.26.600 to 13.26.695 |
Two limits apply to who helps. The statutory form says a person signing for your parent "may not be a person who is appointed an agent in the power of attorney." And a notary can't notarize a document they're named in (AS 44.50.062), so the agent can't be the notary. A public home care provider can serve as agent for someone they serve only jointly with another person who isn't one (AS 13.26.630).
Is there an official Alaska power of attorney form?
Yes. AS 13.26.645 sets out a statutory "GENERAL POWER OF ATTORNEY" that a person "may execute" in substantially that form. The Alaska Court System's self-help page links a free form and instructions.
The form works box by box. Your parent marks YES next to each category they want to grant, from real estate and banking to retirement plans and government benefits, and the form warns: "IF YOU DO NOT MARK A BOX OPPOSITE A CATEGORY, YOUR AGENT OR AGENTS WILL NOT HAVE THE POWER IN THAT CATEGORY." None of the categories covers health care decisions.
Some powers need their own mark. The agent "WILL NOT have the power to do any of the following acts UNLESS you MARK the box," including creating or changing a trust, making gifts, changing a beneficiary designation or rights of survivorship, and revoking a transfer on death deed. Unless the document says otherwise, gifts under the form are limited to amounts per person up to the annual federal gift tax exclusion (AS 13.26.665).
If your parent names two agents and doesn't mark whether they act separately or together, "the agents are required to act jointly" (AS 13.26.660).
When does it take effect, and when does it end?
On the statutory form, it takes effect on the date of signature unless your parent marks that it starts on incapacity, and it ends at death, on revocation, or on incapacity if it isn't durable. The form's other choice is a start "upon the date of my incapacity." For a springing form, incapacity is established by an affidavit signed by two physicians or similarly qualified medical professionals who examined your parent, or one if only one is available (AS 13.26.680).
If it starts on signature, your parent marks whether it "shall not be affected by my subsequent incapacity" or "shall be revoked by my subsequent incapacity." Leaving that blank means it ends on incapacity (AS 13.26.660). Unless a term is set, it continues "until revoked."
Under AS 13.26.620, it ends when your parent dies or revokes it, on incapacity if it isn't durable, when it says it ends or its purpose is accomplished, or when no agent remains to act. The termination section we read doesn't mention divorce. If a court later appoints a conservator, "the agent is accountable to the conservator as well as to the principal," and the conservator can revoke it.
What does the agent have to do?
Under AS 13.26.610, whatever the document says, an agent must act according to your parent's reasonable expectations to the extent known, otherwise in their best interest, "act in good faith," and "act only within the scope of authority granted in the power of attorney." Unless the document says otherwise, the agent must also act loyally, avoid conflicts, act with care, and "keep a record of all receipts, disbursements, and transactions made on behalf of the principal."
If your parent, a guardian, a conservator or a protective agency asks for those records, the agent has 30 days to comply or explain in writing why more time is needed. An agent who breaks the rules can be made to restore the value of your parent's property. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept an Alaska power of attorney?
Yes, unless a listed exception applies, a person asked to accept a notarized Alaska power of attorney must accept it on a short clock. Under AS 13.26.615, "a person shall accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel" within five business days of presentation, then accept "not later than three business days after receipt" of what they asked for. They "may not require an additional or different form of power of attorney."
The statute lists reasons a person can still refuse, including a good-faith belief the power isn't valid, actual knowledge it has ended, or a report to the Department of Health or another agency about suspected abuse or exploitation. A wrongful refusal can bring a court order to accept it and liability for attorney fees and costs. Other law that governs financial institutions controls where it's inconsistent (AS 13.26.640).
Does an Alaska power of attorney need to be recorded?
Alaska's recording statute, AS 40.17, doesn't say a power of attorney must be recorded; it says one that is recorded must be acknowledged. Under AS 40.17.110, "If the document to be recorded is a conveyance, power of attorney, contract for the sale or purchase of real property, or option for the purchase of real property, the document must be acknowledged." Alaska's notary rule for every power of attorney already covers that.
How do you get a power of attorney for an elderly parent in Alaska?
Your parent makes it, by signing it and acknowledging the signature before a notary. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the statutory form, or one drafted for your parent's situation.
- Go through the categories with your parent; they mark only what they want to grant, including any specific powers such as gifts.
- Mark when it takes effect and whether it survives incapacity.
- Your parent signs and acknowledges it before a notary who isn't named in it.
- Give the agent a copy and keep the original somewhere safe.
Timing is the constraint. The Alaska Court System notes, "The person granting the power of attorney must have capacity to make that decision and there is no court oversight." If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. If the situation is complicated, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Alaska?
Your parent revokes it, and revocation by the principal ends a power of attorney under AS 13.26.620. The statutory form explains one route: "you may revoke all the powers granted in this power of attorney by completing a subsequent power of attorney," and a single power can be revoked with a special power of attorney. The article doesn't prescribe another method.
People who act in good faith without actual knowledge of your parent's death or incapacity are protected (AS 13.26.625), so getting written notice of any revocation to the agent and every bank holding a copy leaves a clear record.
How much does a power of attorney cost in Alaska?
The statutory form is printed in the law and free to use, and Alaska's statutes set no maximum notary fee. The Lieutenant Governor's notary FAQ says the statutes don't address the amount, except that "a published fee schedule must be provided to the signer prior to the performance of the notarization" if the notary charges, and limited governmental notaries may not charge at all.
Attorney fees are separate, and none of the sources on this page sets them.
Frequently asked questions
Does a power of attorney need to be notarized in Alaska?
Yes. Under AS 13.26.600, a power of attorney executed in Alaska is valid only if your parent signs it and acknowledges the signature before a notary or another official authorized to take acknowledgments. The power of attorney article doesn't require witnesses. The agent can't be the notary, because a notary can't notarize a document naming them.
Is an Alaska power of attorney durable?
Only if it says so. On the statutory form, if your parent doesn't mark whether the document survives incapacity, it's revoked by later incapacity under AS 13.26.660. Words such as "This power of attorney shall not be affected by the subsequent incapacity of the principal" make it durable under AS 13.26.675.
Where can I get an Alaska power of attorney form?
The statutory general power of attorney is printed in AS 13.26.645, and the Alaska Court System's self-help page links a free form with instructions. Using it is optional; a document drafted for your parent's situation also works, as long as your parent signs it and acknowledges the signature before a notary.
Can an Alaska power of attorney make medical decisions?
Not the financial statutory form; none of its categories covers health care. Alaska uses a separate durable power of attorney for health care under AS 13.52, with its own witness or notary rule. Our Alaska advance directive guide explains it. Unless the document says otherwise, the financial agent must cooperate with whoever makes health care decisions.
Is a power of attorney from another state valid in Alaska?
Yes, if it met the right law when signed. Under AS 13.28.010, a power of attorney for property executed outside Alaska is valid there if its execution complied with the law of the state named in it, or otherwise where it was signed. A person must accept it within a reasonable time, with limited exceptions (AS 13.28.040).
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Alaska it needs a notary and, to survive incapacity, durable wording or a marked box. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Alaska Statutes, AS 13.26.600 to 13.26.695, Powers of Attorney: execution (13.26.600), duties (13.26.610), acceptance (13.26.615), termination (13.26.620, 13.26.625), the statutory form (13.26.645 to 13.26.680); published by the Alaska State Legislature.
- Alaska Statutes, AS 13.28, Uniform Recognition of Substitute Decision-Making Documents Act: out-of-state powers of attorney.
- Alaska Statutes, AS 40.17.110: acknowledgment for recording.
- Alaska Court System, Powers of Attorney self-help: links to a free form and instructions.
- Alaska Court System, Guardianship self-help: how a power of attorney differs from a guardianship.
- Alaska Lieutenant Governor, Notary FAQ: notary fees and who can't notarize.
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