00 CS FOR HOUSE BILL NO. 8(JUD) am 01 "An Act relating to powers of attorney and other substitute decision-making documents; 02 relating to the uniform probate code; relating to notaries public; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 13.06.050(1) is repealed and reenacted to read: 06 (1) "agent" means a person granted authority to act for a principal 07 under a power of attorney or to whom an agent's authority is delegated, whether 08 denominated an agent, attorney-in-fact, original agent, coagent, successor agent, or 09 otherwise; 10  * Sec. 2. AS 13.06.050(46) is amended to read: 11 (46) "state" means a state of the United States, the District of 12 Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or a 13 territory or insular possession subject to the jurisdiction of the United States; 14  * Sec. 3. AS 13.06.050 is amended by adding new paragraphs to read: 01 (57) "durable," with respect to a power of attorney, means not 02 terminated by the principal's incapacity; in this paragraph, "incapacity" has the 03 meaning given in AS 13.26.359; 04 (58) "electronic" means relating to technology having electrical, digital, 05 magnetic, wireless, optical, electromagnetic, or similar capabilities; 06 (59) "power of attorney" means a writing or other record that grants 07 authority to an agent to act in the place of the principal, whether or not the term 08 "power of attorney" is used; 09 (60) "principal" means an individual who grants authority to an agent in 10 a power of attorney; 11 (61) "record" means information that is inscribed on a tangible medium 12 or that is stored in an electronic or other medium and is retrievable in perceivable 13 form; 14 (62) "sign" means, with present intent to authenticate or adopt a record, 15 (A) to execute or adopt a tangible symbol; or 16 (B) to attach to or logically associate with the record an 17 electronic sound, symbol, or process. 18  * Sec. 4. AS 13.26 is amended by adding new sections to article 5 to read: 19 Sec. 13.26.326. Agent's acceptance and liability. (a) Except as otherwise 20 provided in the power of attorney, a person accepts appointment as an agent under a 21 power of attorney by exercising authority or performing duties as an agent or by any 22 other assertion or conduct indicating acceptance. 23 (b) An agent that violates a provision in AS 13.26.326 - 13.26.359 is liable to 24 the principal or the principal's successors in interest for the amount required to 25 (1) restore the value of the principal's property to what it would have 26 been had the violation not occurred; and 27 (2) reimburse the principal or the principal's successors in interest for 28 the attorney fees and costs paid on the agent's behalf.  29 Sec. 13.26.327. Agent's duties. (a) Notwithstanding provisions in the power of 30 attorney, an agent that has accepted appointment shall 31 (1) act in accordance with the principal's reasonable expectations to the 01 extent actually known by the agent and, otherwise, in the principal's best interest; 02 (2) act in good faith; and 03 (3) act only within the scope of authority granted in the power of 04 attorney. 05 (b) Except as otherwise provided in the power of attorney, an agent that has 06 accepted appointment shall 07 (1) act loyally for the principal's benefit; 08 (2) act so as not to create a conflict of interest that impairs the agent's 09 ability to act impartially in the principal's best interest; 10 (3) act with the care, competence, and diligence ordinarily exercised by 11 agents in similar circumstances; 12 (4) keep a record of all receipts, disbursements, and transactions made 13 on behalf of the principal; 14 (5) cooperate with a person that has authority to make health care 15 decisions for the principal to carry out the principal's reasonable expectations to the 16 extent actually known by the agent and, otherwise, act in the principal's best interest; 17 and 18 (6) attempt to preserve the principal's estate plan, to the extent actually 19 known by the agent, if preserving the plan is consistent with the principal's best 20 interest based on all relevant factors, including 21 (A) the value and nature of the principal's property; 22 (B) the principal's foreseeable obligations and need for 23 maintenance; 24 (C) minimization of taxes, including income, estate, inheritance, 25 generation-skipping transfer, and gift taxes; and 26 (D) eligibility for a benefit, a program, or assistance under a 27 statute or regulation. 28 (c) An agent that acts in good faith is not liable to any beneficiary of the 29 principal's estate plan for failure to preserve the plan. 30 (d) An agent that acts with care, competence, and diligence for the best interest 31 of the principal is not liable solely because the agent also benefits from the act or has 01 an individual or conflicting interest in relation to the property or affairs of the 02 principal. 03 (e) If an agent is selected by the principal because of special skills or expertise 04 possessed by the agent or in reliance on the agent's representation that the agent has 05 special skills or expertise, the special skills or expertise must be considered in 06 determining whether the agent has acted with care, competence, and diligence under 07 the circumstances. 08 (f) Absent a breach of duty to the principal, an agent is not liable if the value of 09 the principal's property declines. 10 (g) An agent that exercises authority to delegate to another person the authority 11 granted by the principal or that engages another person on behalf of the principal is not 12 liable for an act, error of judgment, or default of that person if the agent exercises care, 13 competence, and diligence in selecting and monitoring the person. 14 (h) Except as otherwise provided in the power of attorney, an agent is not 15 required to disclose receipts, disbursements, or transactions conducted on behalf of the 16 principal unless ordered by a court or requested by the principal, a guardian, a 17 conservator, another fiduciary acting for the principal, a governmental agency having 18 authority to protect the welfare of the principal, or, upon the death of the principal, the 19 personal representative or successor in interest of the principal's estate. If so requested, 20 within 30 days the agent shall comply with the request or provide a writing or other 21 record substantiating why additional time is needed and shall comply with the request 22 within an additional 30 days. 23 Sec. 13.26.328. Acceptance of power of attorney. (a) A third party asked to 24 accept a power of attorney may request, and rely upon, without further investigation 25 (1) an agent's certification under penalty of perjury of any factual 26 matter concerning the principal, agent, or power of attorney; 27 (2) an English translation of the power of attorney if the power of 28 attorney contains, in whole or in part, language other than English; and 29 (3) an opinion of counsel as to any matter of law concerning the power 30 of attorney if the person making the request provides in a writing or other record the 31 reason for the request. 01 (b) An English translation or an opinion of counsel requested under this section 02 must be provided at the principal's expense unless the request is made more than seven 03 business days after the power of attorney is presented for acceptance. 04 (c) For purposes of this section, a person that conducts activities through 05 employees is without actual knowledge of a fact relating to a principal, agent, or 06 power of attorney if the employee conducting the transaction involving the power of 07 attorney is without actual knowledge of the fact. 08 (d) Except as otherwise provided in (e) of this section, 09 (1) a person shall accept an acknowledged power of attorney or request 10 a certification, a translation, or an opinion of counsel under (a) of this section not later 11 than seven business days after presentation of the power of attorney for acceptance; 12 (2) if a person requests a certification, a translation, or an opinion of 13 counsel under (a) of this section, the person shall accept the power of attorney not later 14 than five business days after receipt of the certification, translation, or opinion of 15 counsel; and 16 (3) a person may not require an additional or different form of power of 17 attorney for authority granted in the power of attorney presented. 18 (e) Notwithstanding AS 13.26.357, a person is not required to accept an 19 acknowledged power of attorney if 20 (1) the person is not otherwise required to engage in a transaction with 21 the principal in the same circumstances; 22 (2) engaging in a transaction with the agent or principal in the same 23 circumstances would be inconsistent with federal law; 24 (3) the person has actual knowledge of the termination of the agent's 25 authority or of the power of attorney before exercise of the power; 26 (4) a request for a certification, a translation, or an opinion of counsel 27 under (a) of this section is refused; 28 (5) the person in good faith believes that the power is not valid or that 29 the agent does not have the authority to perform the act requested, whether or not a 30 certification, a translation, or an opinion of counsel under (a) of this section has been 31 requested or provided; or 01 (6) the person makes, or has actual knowledge that another person has 02 made, a report to Department of Health and Social Services or other governmental 03 agency, stating a good faith belief that the principal may be subject to physical or 04 financial abuse, neglect, exploitation, or abandonment by the agent or a person acting 05 for or with the agent. 06 (f) A person that refuses in violation of this section to accept an acknowledged 07 power of attorney is subject to 08 (1) a court order mandating acceptance of the power of attorney; and 09 (2) liability as provided by court rules of this state for attorney fees and 10 costs incurred in any action or proceeding that confirms the validity of the power of 11 attorney or mandates acceptance of the power of attorney. 12 Sec. 13.26.329. Termination of power of attorney; agent's resignation;  13 notice. (a) Except as provided in AS 13.26.356, a power of attorney terminates when 14 (1) the principal dies; 15 (2) there is an incapacity of the principal, if the power of attorney is not 16 durable; 17 (3) the principal revokes the power of attorney; 18 (4) the power of attorney provides that it terminates; 19 (5) the purpose of the power of attorney is accomplished; or 20 (6) the principal revokes the agent's authority, there is an incapacity of 21 the agent, the agent dies, or the agent resigns, and the power of attorney does not 22 provide for another agent to act under the power of attorney. 23 (b) Unless the power of attorney provides a different method for an agent's 24 resignation, an agent may resign by giving notice to the principal and, if there is an 25 incapacity of the principal, 26 (1) to the conservator or guardian, if one has been appointed for the 27 principal, and a coagent or successor agent; or 28 (2) if there is no person described in (1) of this subsection, to 29 (A) the principal's custodian or caregiver; 30 (B) another person reasonably believed by the agent to have 31 sufficient interest in the principal's welfare; or 01 (C) a governmental agency having statutory authority to protect 02 the welfare of the principal. 03  * Sec. 5. AS 13.26 is amended by adding a new section to article 5 to read: 04 Sec. 13.26.331. Validity of power of attorney executed in another state. A 05 power of attorney executed other than in this state is valid in this state if, when the 06 power of attorney was executed, the execution complied with 07 (1) the law of the jurisdiction where the power of attorney was 08 executed; or 09 (2) the requirements for a military power of attorney under 10 U.S.C. 10 1044b, as amended.  11  * Sec. 6. AS 13.26.332 is amended to read: 12 Sec. 13.26.332. Statutory form power of attorney. A person who wishes to 13 designate another as [ATTORNEY-IN-FACT OR] agent by a power of attorney may 14 execute a statutory power of attorney set out in substantially the following form: 15 GENERAL POWER OF ATTORNEY 16 THE POWERS GRANTED FROM THE PRINCIPAL TO THE 17 AGENT OR AGENTS IN THE FOLLOWING DOCUMENT ARE 18 VERY BROAD. THEY MAY INCLUDE THE POWER TO 19 DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND 20 PERSONAL PROPERTY. ACCORDINGLY, THE FOLLOWING 21 DOCUMENT SHOULD ONLY BE USED AFTER CAREFUL 22 CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT 23 THIS DOCUMENT, YOU SHOULD SEEK COMPETENT ADVICE. 24 YOU MAY REVOKE THIS POWER OF ATTORNEY AT 25 ANY TIME. 26 Pursuant to AS 13.26.338 - 13.26.359 [AS 13.26.338 - 27 13.26.353], I, (Name of principal), of (Address of principal), do hereby 28 appoint (Name and address of agent or agents), my agent(s)  29 [ATTORNEY(S)-IN-FACT] to act as indicated below in my name, 30 place, and stead in any way which I myself could do, if I were 31 personally present, with respect to the following matters, as each of 01 them is defined in AS 13.26.344, to the full extent that I am permitted 02 by law to act through an agent: 03 MARK THE BOXES BELOW TO INDICATE THE  04 POWERS YOU WANT TO GIVE YOUR AGENT OR AGENTS.  05 MARK THE BOX FOR "YES" THAT IS OPPOSITE A  06 CATEGORY BELOW TO GIVE YOUR AGENT OR AGENTS  07 THE POWER IN THAT CATEGORY. MARK THE BOX FOR  08 "NO" THAT IS OPPOSITE A CATEGORY BELOW TO  09 INDICATE THAT YOU ARE NOT GIVING YOUR AGENT OR  10 AGENTS THE POWER IN THAT CATEGORY. MARK A BOX  11 FOR EVERY CATEGORY. IF YOU DO NOT MARK EITHER  12 OF THE BOXES OPPOSITE A CATEGORY, OR IF YOU  13 MARK BOTH OF THE BOXES OPPOSITE A CATEGORY,  14 YOUR AGENT OR AGENTS WILL NOT HAVE THE POWER  15 IN THAT CATEGORY [THE AGENT OR AGENTS YOU HAVE 16 APPOINTED WILL HAVE ALL THE POWERS LISTED BELOW 17 UNLESS YOU DRAW A LINE THROUGH A CATEGORY, AND 18 INITIAL THE BOX OPPOSITE THAT CATEGORY]. 19 YES NO 20 (A) real estate transactions ( ) ( ) 21 (B) transactions involving tangible personal 22 property, chattels, and goods ( ) ( ) 23 (C) bonds, shares, and commodities transactions ( ) ( ) 24 (D) banking transactions ( ) ( ) 25 (E) business operating transactions ( ) ( ) 26 (F) insurance transactions ( ) ( ) 27 (G) estate transactions ( ) ( ) 28 (H) retirement plans [GIFT TRANSACTIONS] ( ) ( ) 29 (I) claims and litigation ( ) ( ) 30 (J) personal relationships and affairs ( ) ( ) 31 (K) benefits from government programs 01 and civil or military service ( ) ( ) 02 (L) records, reports, and statements ( ) ( ) 03 (M) [DELEGATION ( ) 04 (N)] voter registration and absentee 05 ballot requests ( ) ( ) 06 (N) [(O)] all other matters, including those 07 specified as follows: ( ) ( ) 08 _________________________________________________________ 09 _________________________________________________________ 10 _________________________________________________________ 11 GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 12 The agent or agents you have appointed WILL NOT have  13 the power to do any of the following acts UNLESS you MARK the  14 box opposite that category:  15 ( ) create, amend, revoke, or terminate an inter vivos trust;  16 ( ) make a gift, subject to the limitations of AS 13.26.344(q) and any  17 special instructions in this power of attorney;  18 ( ) create or change a beneficiary designation;  19 ( ) revoke a transfer on death deed made under AS 13.48;  20 ( ) create or change rights of survivorship; 21 ( ) delegate authority granted under the power of attorney;  22 ( ) waive the principal's right to be a beneficiary of a joint and  23 survivor annuity, including a survivor benefit under a 24 retirement plan; 25 ( ) exercise fiduciary powers that the principal has 26 authority to delegate.  27 IF YOU HAVE APPOINTED MORE THAN ONE AGENT, 28 MARK [CHECK] ONE OF THE FOLLOWING: 29 ( ) Each agent may exercise the powers conferred separately, without 30 the consent of any other agent. 31 ( ) All agents shall exercise the powers conferred jointly, with the 01 consent of all other agents. 02 TO INDICATE WHEN THIS DOCUMENT SHALL 03 BECOME EFFECTIVE, MARK [CHECK] ONE OF THE 04 FOLLOWING: 05 ( ) This document shall become effective upon the date of my signature. 06 ( ) This document shall become effective upon the date of my 07 incapacity [DISABILITY] and shall not otherwise be affected by my 08 incapacity [DISABILITY]. 09 IF YOU HAVE INDICATED THAT THIS DOCUMENT 10 SHALL BECOME EFFECTIVE ON THE DATE OF YOUR 11 SIGNATURE, MARK [CHECK] ONE OF THE FOLLOWING: 12 ( ) This document shall not be affected by my subsequent incapacity 13 [DISABILITY]. 14 ( ) This document shall be revoked by my subsequent incapacity 15 [DISABILITY]. 16 IF YOU HAVE INDICATED THAT THIS DOCUMENT 17 SHALL BECOME EFFECTIVE UPON THE DATE OF YOUR 18 SIGNATURE AND WANT TO LIMIT THE TERM OF THIS 19 DOCUMENT, COMPLETE THE FOLLOWING: 20 This document shall only continue in effect for ________ ( ) years from 21 the date of my signature. 22 NOTICE OF REVOCATION OF THE POWERS GRANTED 23 IN THIS DOCUMENT 24 You may revoke one or more of the powers granted in this document. 25 Unless otherwise provided in this document, you may revoke a specific 26 power granted in this power of attorney by completing a special power 27 of attorney that includes the specific power in this document that you 28 want to revoke. Unless otherwise provided in this document, you may 29 revoke all the powers granted in this power of attorney by completing a 30 subsequent power of attorney. 31 NOTICE TO THIRD PARTIES 01 A third party who relies on the reasonable representations of an agent 02 [ATTORNEY-IN-FACT] as to a matter relating to a power granted by 03 a properly executed statutory form power of attorney does not incur 04 any liability to the principal or to the principal's heirs, assigns, or estate 05 as a result of permitting the agent [ATTORNEY-IN-FACT] to exercise 06 the authority granted by the power of attorney. A third party who fails 07 to honor a properly executed statutory form power of attorney may be 08 liable to the principal, the agent [ATTORNEY-IN-FACT], the 09 principal's heirs, assigns, or estate for a civil penalty, plus damages, 10 costs, and fees associated with the failure to comply with the statutory 11 form power of attorney. If the power of attorney is one which becomes 12 effective upon the incapacity [DISABILITY] of the principal, the 13 incapacity [DISABILITY] of the principal is established by an 14 affidavit, as required by law. 15 IN WITNESS WHEREOF, I have hereunto signed my name 16 this ____ day of _____________, _________. 17 _________________________________________________________ 18 Signature of Principal 19 Acknowledged before me at _________________________________ 20 ________________________ on ______________________________. 21 Signature of Officer or Notary 22  * Sec. 7. AS 13.26.335 is amended to read: 23 Sec. 13.26.335. Additional optional provisions to statutory form power of  24 attorney. Each of the following provisions may be included in a statutory form power 25 of attorney: 26 (1) [REPEALED. 27 (2)] YOU MAY DESIGNATE AN ALTERNATE 28 AGENT [ATTORNEY-IN-FACT]. ANY ALTERNATE YOU 29 DESIGNATE WILL BE ABLE TO EXERCISE THE SAME 30 POWERS AS THE AGENT(S) YOU NAMED AT THE BEGINNING 31 OF THIS DOCUMENT. IF YOU WISH TO DESIGNATE AN 01 ALTERNATE OR ALTERNATES, COMPLETE THE FOLLOWING: 02 If the agent(s) named at the beginning of this document is unable or 03 unwilling to serve or continue to serve, then I appoint the following 04 agent to serve with the same powers: 05 First alternate or successor agent [ATTORNEY-IN-FACT] 06 _________________________________________________________ 07 (Name and address of alternate) 08 _________________________________________________________ 09 Second alternate or successor agent [ATTORNEY-IN-FACT] 10 _________________________________________________________ 11 (Name and address of alternate) 12 (3) YOU MAY NOMINATE A GUARDIAN OR 13 CONSERVATOR. IF YOU WISH TO NOMINATE A GUARDIAN 14 OR CONSERVATOR, COMPLETE THE FOLLOWING: 15 In the event that a court decides that it is necessary to appoint a 16 guardian or conservator for me, I hereby nominate (Name and address 17 of person nominated) to be considered by the court for appointment to 18 serve as my guardian or conservator, or in any similar representative 19 capacity. 20  * Sec. 8. AS 13.26.341 is amended to read: 21 Sec. 13.26.341. Applicability of provisions of statutory form power of  22 attorney. In the instrument set out in AS 13.26.332 - 13.26.335, 23 (1) if the principal has appointed more than one person to act as 24 [ATTORNEY-IN-FACT OR] agent and failed to mark [CHECK] whether the agents 25 may act "jointly" or "severally," the agents are required to act jointly; 26 (2) if the principal has failed to indicate when the instrument shall 27 become effective, the instrument shall become effective upon the date of the 28 principal's signature; 29 (3) if the principal has indicated that the instrument shall become 30 effective upon the date of the principal's signature or has failed to indicate when the 31 instrument shall become effective and has failed to indicate the effect of the principal's 01 subsequent incapacity [DISABILITY] on the instrument, the instrument shall be 02 revoked by the subsequent incapacity [DISABILITY] of the principal; 03 (4) if the principal has failed to indicate a specific term for the 04 instrument, the instrument shall continue in effect until revoked;  05 (5) if the principal has failed to mark either of the "Yes" or "No"  06 boxes opposite a category of power, or if the principal has marked both the  07 "Yes" and "No" boxes opposite a category of power, the agent does not have the  08 power in that category. 09  * Sec. 9. AS 13.26.344(a) is amended to read: 10 (a) In a statutory form power of attorney, the language conferring general 11 authority with respect to real estate transactions shall be construed to mean that, as to 12 an estate or interest in land of the principal, whether in the state or elsewhere, the 13 principal authorizes the agent to 14 (1) accept as a gift or as security for a loan, demand, buy, lease, 15 receive, or otherwise acquire either ownership or possession of any estate or interest in 16 land; 17 (2) sell, exchange, convey, quitclaim, release, surrender, mortgage, 18 encumber, partition or consent to the partitioning, [REVOKE, CREATE OR MODIFY 19 A TRUST,] grant options concerning, lease or sublet, or otherwise to dispose of, an 20 estate or interest in land; 21 (3) release in whole or in part, assign the whole or a part of, satisfy in 22 whole or in part, and enforce a mortgage, encumbrance, lien, or other claim to land 23 that exists, or is claimed to exist, in favor of the principal; 24 (4) do any act of management or of conservation with respect to an 25 estate or interest in land owned, or claimed to be owned, by the principal, including by 26 way of illustration, but not of restriction, power to insure against any casualty, 27 liability, or loss, obtain or regain possession or protect the estate or interest, pay, 28 compromise, or contest taxes or assessments, or apply for refunds in connection with a 29 payment, compromise, or tax, purchase supplies, hire assistance of labor, and make 30 repairs or alterations in the structures or land; 31 (5) use, develop, modify, alter, replace, remove, erect, or install 01 structures or other improvements on land in which the principal has, or claims to have, 02 an estate or interest; 03 (6) demand, receive, or obtain money or any other thing of value to 04 which the principal is, or may become, or may claim to be entitled as the proceeds of 05 an interest in land or of one or more of the transactions enumerated in this subsection; 06 conserve, invest, disburse, or use anything so received for purposes enumerated in this 07 subsection; and reimburse the agent for an expenditure properly made in the execution 08 of the powers conferred by the statutory form power of attorney; 09 (7) participate in any reorganization with respect to real property and 10 receive and hold any shares of stock or instrument of similar character received under 11 a plan of reorganization, and act with respect to a plan of reorganization, including by 12 way of illustration, but not of restriction, power to sell or otherwise to dispose of 13 shares, to exercise or to sell an option, conversion, or similar right, and to vote in 14 person by the granting of a proxy; 15 (8) agree and contract, in any manner, and with any person and on any 16 terms that the agent may select, for the accomplishment of any of the purposes 17 enumerated in this subsection, and perform, rescind, reform, release, or modify an 18 agreement or contract made by or on behalf of the principal; 19 (9) execute, acknowledge, seal, and deliver a deed, [REVOCATION, 20 DECLARATION OR MODIFICATION OF TRUST,] mortgage, lease, notice, check, 21 or other instrument that the agent considers useful for the accomplishment of any of 22 the purposes enumerated in this subsection; 23 (10) prosecute, defend, submit to arbitration, settle, and propose or 24 accept a compromise with respect to, a claim existing in favor of, or against, the 25 principal based on or involving a real estate transaction or intervene in any related 26 action; 27 (11) hire, discharge, and compensate an attorney, accountant, expert 28 witness, or assistant when the agent considers that action to be desirable for the proper 29 execution of a power described in this subsection, and for the keeping of records about 30 that action; and 31 (12) do any other act or acts that the principal can do through an agent 01 with respect to any estate or interest in land. 02  * Sec. 10. AS 13.26.344(b) is amended to read: 03 (b) In a statutory form power of attorney, the language conferring general 04 authority with respect to tangible personal property, chattels, and goods transactions 05 shall be construed to mean that, as to tangible personal property, chattels, or goods 06 owned by the principal, whether located in the state or elsewhere, the principal 07 authorizes the agent to 08 (1) accept as a gift, or as a security for a loan, reject, demand, buy, 09 receive, or otherwise acquire either ownership or possession of chattels or goods or an 10 interest in the tangible personal property, chattels, or goods; 11 (2) sell, exchange, convey, release, surrender, mortgage, encumber, 12 pledge, hypothecate, pawn, [REVOKE, CREATE, OR MODIFY A TRUST,] grant 13 options concerning, lease or sublet to others, or otherwise dispose of tangible personal 14 property, chattels, or goods or an interest in them; 15 (3) release in whole or in part, assign the whole or a part of, satisfy in 16 whole or in part, and enforce a mortgage, encumbrance, lien, or other claim that exists, 17 or is claimed to exist, in favor of the principal with respect to any tangible personal 18 property, chattels, or goods or an interest in them; 19 (4) do any act of management or of conservation with respect to any 20 tangible personal property, chattels, or goods or to an interest in any tangible personal 21 property, chattels, or goods owned, or claimed to be owned, by the principal, including 22 by way of illustration, but not of restriction, power to insure against any casualty, 23 liability, or loss, obtain or regain possession, or protect the tangible personal property, 24 chattels, or goods or an interest in them, pay, compromise, or contest taxes or 25 assessments, apply for refunds in connection with a payment, compromise, or tax, 26 move from place to place, store for hire or on a gratuitous bailment, use, alter, and 27 make repairs or alterations of any tangible personal property, chattels, or goods, or an 28 interest in them; 29 (5) demand, receive, and obtain money or any other thing of value to 30 which the principal is, or may become, or may claim to be, entitled as the proceeds of 31 any tangible personal property, chattels, or goods or of an interest in them, or of one or 01 more of the transactions enumerated in this subsection, conserve, invest, disburse, or 02 use anything so received for purposes enumerated in this subsection, and reimburse 03 the agent for any expenditures properly made in the execution of the powers conferred 04 by the power of attorney; 05 (6) agree and contract, in any manner, and with any person and on any 06 terms that the agent may select, for the accomplishment of the purposes enumerated in 07 this subsection, and perform, rescind, reform, release, or modify any agreement or 08 contract or any other similar agreement or contract made by or on behalf of the 09 principal; 10 (7) execute, acknowledge, seal, and deliver a conveyance, 11 [REVOCATION, DECLARATION OR MODIFICATION OF TRUST,] mortgage, 12 lease, notice, check or other instrument that the agent considers useful for the 13 accomplishment of the purposes enumerated in this subsection; 14 (8) prosecute, defend, submit to arbitration, settle, and propose or 15 accept a compromise with respect to, a claim existing in favor of, or against, the 16 principal based on or involving a transaction involving tangible personal property, 17 chattels, or goods, or intervene in an action or proceeding; 18 (9) hire, discharge, and compensate an attorney, accountant, expert 19 witness, or assistant when the agent considers the action to be desirable to the proper 20 execution of a power described in this subsection, and for the keeping of records about 21 that action; 22 (10) do any other act or acts that the principal can do through an agent 23 with respect to any chattels or goods or interest in any tangible personal property, 24 chattels, or goods. 25  * Sec. 11. AS 13.26.344(c) is amended to read: 26 (c) In a statutory form power of attorney, the language conferring general 27 authority with respect to bonds, shares, and commodities transactions shall be 28 construed to mean that, with respect to a bond, share, or commodity of the principal, 29 whether in the state or elsewhere, the principal authorizes the agent to 30 (1) accept as a gift, or as a security for a loan, reject, demand, buy, 31 receive, or otherwise acquire either ownership or possession of, a bond, share, or 01 instrument of similar character including, by way of illustration, but not of restriction, 02 stock in a corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native Claims 03 Settlement Act), commodity interest, or an instrument with respect to a bond, share, or 04 instruments of similar character, together with the interest, dividends, proceeds, or 05 other distributions connected with a bond, share, or instrument of a similar character; 06 (2) sell, exchange, transfer, release, surrender, hypothecate, pledge, 07 [REVOKE, CREATE, OR MODIFY A TRUST,] grant options concerning, loan, trade 08 in, or otherwise dispose of a bond, share, instrument of similar character, commodity 09 interest, or a related instrument; 10 (3) release, assign the whole or part of, satisfy in whole or in part, and 11 enforce a pledge, encumbrance, lien, or other claim as to a bond, share, instrument of 12 similar character, commodity interest, or a related interest, when the pledge, 13 encumbrance, lien, or other claim is owned, or claimed to be owned, by the principal; 14 (4) do any act of management or of conservation with respect to a 15 bond, share, instrument of similar character, commodity interest, or a related 16 instrument, owned or claimed to be owned by the principal or in which the principal 17 has or claims to have an interest, including by way of illustration, but not of 18 restriction, power to insure against a casualty, liability, or loss, obtain or regain 19 possession or protect the principal's interest, pay, compromise, or contest taxes or 20 assessments, apply for a refund in connection with a payment, compromise, or tax, 21 consent to and participate in a reorganization, recapitalization, liquidation, merger, 22 consolidation, sale or lease or other change in or revival of a corporation or other 23 association, or in the financial structure of a corporation or other association, or in the 24 priorities, voting rights, or other special rights with respect to a corporation or 25 association, become a depositor with a protective, reorganization or similar committee 26 of the bond, share, other instrument of similar character, commodity interest or a 27 related instrument, belonging to the principal, make a payment reasonably incident to 28 them, and exercise or sell an option, conversion, or similar right, or vote in person or 29 by the granting of a proxy for the accomplishment of the purposes enumerated in this 30 subsection; 31 (5) carry in the name of a nominee selected by the agent evidence of 01 the ownership of a bond, share, other instrument of similar character, commodity 02 interest, or related instrument belonging to the principal; 03 (6) employ, in any way believed to be desirable by the agent, a bond, 04 share, other instrument of similar character, commodity interest, or a related 05 instrument, in which the principal has or claims to have an interest, for the protection 06 or continued operation of a speculative or margin transaction personally begun or 07 personally guaranteed, in whole or in part, by the principal; 08 (7) demand, receive, or obtain money or any other thing of value to 09 which the principal is, or may claim to be, entitled as the proceeds of an interest in a 10 bond, share, other instrument of similar character, commodity interest or a related 11 instrument, or of one or more of the transactions enumerated in this subsection, 12 conserve, invest, disburse, or use anything so received for purposes enumerated in this 13 subsection; and reimburse the agent for an expenditure properly made in the execution 14 of the powers conferred by the statutory form power of attorney; 15 (8) agree and contract, in any manner, and with a broker or other 16 person, and on terms that the agent may select, for the accomplishment of the purposes 17 enumerated in this subsection, and perform, rescind, reform, release, or modify the 18 agreement or contract or other similar agreement made by or on behalf of the 19 principal; 20 (9) execute, acknowledge, seal, and deliver a consent, agreement, 21 authorization, assignment, [REVOCATION, DECLARATION OR MODIFICATION 22 OF TRUST,] notice, waiver of notice, check, or other instrument that the agent 23 considers useful for the accomplishment of the purposes enumerated in this 24 subsection; 25 (10) execute, acknowledge and file a report or certificate required by 26 law or regulation; 27 (11) prosecute, defend, submit to arbitration, settle, and propose or 28 accept a compromise with respect to, a claim existing in favor of, or against, the 29 principal based on or involving a bond, share, or commodity transactions, or intervene 30 in a related action or proceeding; 31 (12) hire, discharge, and compensate an attorney, accountant, expert 01 witness, or assistant when the agent considers that action to be desirable for the proper 02 execution of the powers described in this subsection, and for the keeping of records 03 about that action; and 04 (13) do any other act or acts that the principal can do through an agent, 05 with respect to an interest in a bond, share, or other instrument of similar character, 06 commodity, or instrument with respect to a commodity. 07  * Sec. 12. AS 13.26.344(d) is amended to read: 08 (d) In a statutory form power of attorney, the language conferring general 09 authority with respect to banking transactions shall be construed to mean that, as to a 10 banking transaction engaged in by the principal, whether in the state or elsewhere, the 11 principal authorizes the agent to 12 (1) continue, modify, or terminate a deposit account or other banking 13 arrangement made by or on the behalf of the principal before the execution of the 14 power of attorney; 15 (2) open, either in the name of the agent alone or in the name of the 16 principal alone, or in both their names jointly, a deposit account of any type in a 17 financial institution selected by the agent, hire a safe deposit box or vault space, and 18 enter into contracts for the procuring of other services made available by the 19 institution that the agent considers desirable; 20 (3) make, sign, and deliver checks or drafts for any purpose, and 21 withdraw funds or property of the principal deposited with or left in the custody of a 22 financial institution, wherever located, either before or after the execution of the 23 power of attorney; 24 (4) prepare financial statements concerning the assets and liabilities or 25 income and expenses of the principal, and deliver the statements to a financial 26 institution or person whom the agent believes to be reasonably entitled to them; 27 (5) receive statements, vouchers, notices, or other documents from a 28 financial institution and act with respect to them; 29 (6) have free access to a safe deposit box or vault to which the principal 30 would have access if personally present; 31 (7) borrow money as the agent may determine, give security out of the 01 assets of the principal as the agent considers necessary for the borrowing, and pay, 02 renew, or extend the time of payment of a financial institution by any other procedure 03 made available by the institution; 04 (8) make, assign, endorse, discount, guarantee, use, and negotiate 05 promissory notes, bills of exchange, checks, drafts, credit and debit cards, electronic  06 transaction authorizations, or other negotiable or nonnegotiable paper of the 07 principal, or payable to the principal or to the principal's order, receive the cash or 08 other proceeds of them; and accept any bill of exchange or draft drawn by any person 09 upon the principal, and pay it when due; 10 (9) receive for the principal and deal in and with a negotiable or 11 nonnegotiable instrument in which the principal has or claims to have an interest; 12 (10) apply for and receive letters of credit or traveler's checks from a 13 banker or banking institution selected by the agent, giving indemnity or other 14 agreements in connection with the applications or receipts that the agent considers 15 desirable or necessary; 16 (11) consent to an extension in the time of payment with respect to 17 commercial paper or a banking transaction in which the principal has an interest or by 18 which the principal is, or might be, affected in any way; 19 (12) pay, compromise, or contest taxes or assessments and apply for 20 refunds in connection with the payment, compromise, or contest; 21 (13) demand, receive, or obtain money or any other thing of value to 22 which the principal is, or may become, or may claim to be entitled as the proceeds of 23 any banking transaction conducted by the principal or by the agent in the execution of 24 the powers described in this subsection, or partly by the principal and partly by the 25 agent; conserve, invest, disburse, or use anything received for purposes enumerated in 26 this subsection, and reimburse the agent for an expenditure properly made in the 27 execution of the powers conferred by the statutory form power of attorney; 28 (14) execute, acknowledge, seal, and deliver an instrument, in the name 29 of the principal or otherwise, that the agent considers useful for the accomplishment of 30 a purpose enumerated in this subsection; 31 (15) prosecute, defend, submit to arbitration, settle, and propose or 01 accept a compromise with respect to, a claim existing in favor of, or against, the 02 principal based on or involving a banking transaction, or intervene in an action or 03 proceeding relating to a banking transaction; 04 (16) hire, discharge, and compensate an attorney, accountant, expert 05 witness, or assistant when the agent considers that the action is desirable for the proper 06 execution of the powers described in this subsection, and for the keeping of records 07 about that action; and 08 (17) do any other act or acts that the principal can do through an agent 09 in connection with a banking transaction that does or might in any way affect the 10 financial or other interests of the principal. 11  * Sec. 13. AS 13.26.344(e) is amended to read: 12 (e) In a statutory form power of attorney, the language conferring general 13 authority with respect to business operating transactions shall be construed to mean 14 that, with respect to a business in which the principal has an interest, whether in the 15 state or elsewhere, the principal authorizes the agent 16 (1) to the extent that an agent is permitted by law to act for a principal, 17 to discharge and perform any duty or liability and exercise any right, power, privilege, 18 or option that the principal has, or claims to have, under a contract of partnership, 19 whether as a general or special partner, enforce the terms of the partnership agreement 20 for the protection of the principal that the agent considers desirable or necessary, and 21 defend, submit to arbitration, settle, or compromise an action to which the principal is 22 a party because of membership in a partnership; 23 (2) to exercise in person or by proxy or enforce a right, power, 24 privilege, or option that the principal has as the holder of a bond, share, or other 25 instrument of similar character, and defend, submit to arbitration, settle, or 26 compromise an action to which the principal is a party because of a bond, share, or 27 other instrument of similar character; 28 (3) with respect to a business enterprise that is owned solely by the 29 principal, to 30 (A) continue, modify, renegotiate, extend and terminate a 31 contractual arrangement made with a person, firm, association, or corporation 01 by or on behalf of the principal; 02 (B) determine the policy of the enterprise as to the location of 03 the site or sites to be used for its operation, the nature and extent of the 04 business to be undertaken by it, the methods of manufacturing, selling, 05 merchandising, financing, accounting, and advertising to be employed in its 06 operation, the amount and types of insurance to be carried, the mode of 07 securing compensation and dealing with accountants, attorneys, and employees 08 required for its operation, agree and contract, in any manner, and with any 09 person and on any terms, that the agent considers desirable or necessary to 10 carry out any or all of the decisions of the agent as to policy, and perform, 11 rescind, reform, release, or modify an agreement or contract or any other 12 similar agreement or contract made by or on behalf of the principal; 13 (C) change the name or form of organization under which the 14 business is operated and enter into a partnership agreement with others or 15 organize a corporation to take over the operation of the business, or any part of 16 it, that the agent considers desirable or necessary; 17 (D) demand and receive all money that is or may become due to 18 the principal, or that may be claimed by the principal or on the principal's 19 behalf, in the operation of the enterprise, and control and disburse the funds in 20 the operation of the enterprise in any way that the agent considers desirable or 21 necessary, and engage in banking transactions that the agent considers 22 desirable or necessary to carry out the execution of the powers of the agent 23 described in this subparagraph; 24 (4) to prepare, sign, file, and deliver all reports, compilations of 25 information, returns, and other papers with respect to a business operating transaction 26 of the principal that is required by a government agency or that the agent considers 27 desirable or necessary for any purpose, and make any payments with respect to the 28 agency; 29 (5) to pay, compromise, or contest taxes or assessments and do any act 30 or acts that the agent considers desirable or necessary to protect the principal from 31 illegal or unnecessary taxation, fines, penalties, or assessments in connection with the 01 business operations; 02 (6) to demand, receive, or obtain money or any other thing of value to 03 which the principal is or may claim to be entitled as the proceeds of a business 04 operation of the principal, conserve, invest, disburse, and use anything so received for 05 purposes enumerated in this subsection, and reimburse the agent for expenditures 06 properly made in the execution of the powers conferred by the statutory form power of 07 attorney; 08 (7) to execute, acknowledge, seal, and deliver a deed, assignment, 09 mortgage, lease, notice, consent, agreement, authorization check, or other instrument 10 that the agent considers useful for the accomplishment of any of the purposes 11 enumerated in this subsection; 12 (8) to prosecute, defend, submit to arbitration, settle, and propose or 13 accept a compromise with respect to, a claim existing in favor of, or against, the 14 principal based on or involving a business operating transaction or intervene in a 15 related action; 16 (9) to hire, discharge, and compensate an attorney, accountant, expert 17 witness, or assistant when the agent reasonably believes that the action is desirable for 18 the proper execution of the powers described in this subsection, and for the keeping of 19 records about that action; 20 (10) to operate, buy, sell, enlarge, reduce, or terminate an  21 ownership interest;  22 (11) to put additional capital into an entity or business in which the  23 principal has an interest;  24 (12) to join in a plan of reorganization, consolidation, conversion,  25 domestication, or merger of the entity or business;  26 (13) to sell or liquidate all or part of an entity or business; and  27 (14) to establish the value of an entity or business under a buy-out  28 agreement to which the principal is a party; and 29 (15) to [AND (10)] do any other act or acts that the principal can do 30 through an agent in connection with a business operated by the principal that the agent 31 considers desirable or necessary for the furtherance or protection of the interests of the 01 principal. 02  * Sec. 14. AS 13.26.344(f) is amended to read: 03 (f) In a statutory form power of attorney, the language conferring general 04 authority with respect to insurance transactions shall be construed to mean that, as to a 05 contract of insurance in which the principal has an interest, whether in the state or 06 elsewhere, the principal authorizes the agent to 07 (1) continue, pay the premium or assessment on, modify, rescind, 08 release, or terminate any contract of life, accident, health, disability, or liability 09 insurance, or any combination of insurance, procured by or on behalf of the principal 10 before the creation of the agency that insures either the principal or any other person 11 without regard to whether the principal is or is not a beneficiary under the insurance 12 coverage; 13 (2) procure new, different, or additional contracts on the life of the 14 principal or protecting the principal with respect to ill health, disability, accident, or 15 liability of any sort, select the amount, the type of insurance contract, and the mode of 16 payment under each policy, pay the premium or assessment on, modify, rescind, 17 release, or terminate a contract so procured by the agent; and designate the beneficiary 18 of the contract of insurance, except that the agent cannot be the beneficiary unless the 19 agent is spouse, child, grandchild, parent, brother, or sister of the principal; 20 (3) apply for and receive a loan on the security of the contract of 21 insurance, whether for the payment of a premium or for the procuring of cash; 22 surrender and receive the cash surrender value; exercise an election as to beneficiary 23 or mode of payment, change the manner of paying premiums, change or convert the 24 type of insurance contract with respect to any insurance that the principal has, or 25 claims to have, as to any power described in this subsection; and change the 26 beneficiary of a contract of insurance, except that the agent cannot be the new 27 beneficiary unless the agent is spouse, child, grandchild, parent, brother, or sister of 28 the principal; 29 (4) demand, receive, or obtain money or any other thing of value to 30 which the principal is, or may become, or may claim to be entitled as the proceeds of a 31 contract of insurance or of one or more of the transactions enumerated in this 01 subsection; conserve, invest, disburse, or use anything received for purposes 02 enumerated in this subsection and reimburse the agent for expenditures properly made 03 in the execution of the powers conferred by the statutory form power of attorney; 04 (5) apply for and procure available government aid in the guaranteeing 05 or paying of premiums of a contract of insurance on the life of the principal; 06 (6) sell, assign, hypothecate, borrow upon, or pledge the interest of the 07 principal in any contract of insurance; 08 (7) pay, from the proceeds of an insurance contract or otherwise, 09 compromise, or contest, and apply for refunds in connection with, a tax or assessment 10 levied by a taxing authority with respect to a contract of insurance or the proceeds of 11 or liability accruing by reason of a tax or assessment; 12 (8) agree and contract, in any manner and with any person and on any 13 terms that the agent may select, for the accomplishment of the purposes enumerated in 14 this subsection, and perform, rescind, reform, release, or modify any agreement or 15 contract; 16 (9) execute, acknowledge, seal, and deliver any consent, demand, 17 request, application, agreement, indemnity, authorization, assignment, pledge, notice, 18 check, receipt, waiver, or other instrument that the agent considers useful for the 19 accomplishment of a purpose enumerated in this subsection; 20 (10) continue, procure, pay the premium or assessment on, modify, 21 rescind, release, terminate, or otherwise deal with any contract of insurance, other than 22 those enumerated in (1) and (2) of this subsection, or any combination of insurance; 23 and do any act with respect to the contract or with respect to its proceeds or 24 enforcement that the agent considers desirable or necessary for the promotion or 25 protection of the interests of the principal; 26 (11) prosecute, defend, submit to arbitration, settle, and propose or 27 accept a compromise with respect to a claim existing in favor of, or against, the 28 principal based on or involving an insurance transaction, or intervene in an action 29 relating to an insurance transaction; 30 (12) hire, discharge, and compensate an attorney, accountant, expert 31 witness, or assistant when the agent considers the action to be desirable for the proper 01 execution of a power described in this subsection, and for the keeping of records about 02 that action; [AND] 03 (13) exercise investment powers available under a contract of  04 insurance or annuity; and 05 (14) do any other act or acts that the principal can do through an agent 06 in connection with procuring, supervising, managing, modifying, enforcing, and 07 terminating contracts of insurance in which the principal is the insured or has an 08 interest. 09  * Sec. 15. AS 13.26.344(h) is repealed and reenacted to read: 10 (h) In a statutory form power of attorney, the language conferring authority 11 with respect to retirement plans shall be construed to mean that the principal 12 authorizes the agent to 13 (1) select the form and timing of payments under a retirement plan and 14 withdraw benefits from a plan; 15 (2) make a rollover, including a direct trustee-to-trustee rollover, of 16 benefits from one retirement plan to another; 17 (3) establish a retirement plan in the principal's name; 18 (4) make contributions to a retirement plan; 19 (5) exercise investment powers available under a retirement plan; and 20 (6) borrow from, sell assets to, or purchase assets from a retirement 21 plan. 22  * Sec. 16. AS 13.26.344(j) is amended to read: 23 (j) In a statutory form power of attorney, the language conferring general 24 authority with respect to personal relationships is neither dependent on, nor limited  25 by, authority that an agent may or may not have with respect to gifts under  26 AS 13.26.326 - 13.26.359, and shall be construed to mean that, as to real and personal 27 property owned by the principal, whether in the state or elsewhere, the principal 28 authorizes the agent to 29 (1) do all acts necessary to maintain the customary standard of living of 30 the spouse, children, [AND] other dependents of the principal, whether living when  31 the power of attorney is executed or later born, and individuals whom the  01 principal has customarily supported or indicated the intent to support, including 02 by way of illustration and not by way of restriction, power to provide living quarters 03 by purchase, by lease, or by other contract, or by any payment of the operating costs, 04 including interest, amortization payments, repairs, and taxes, of premises owned by 05 the principal and occupied by the principal's family or dependents, to provide normal 06 domestic help for the operation of the household, to provide usual vacations and usual 07 travel expenses, to provide usual educational facilities, [AND] to provide funds for all 08 the current living costs of the spouse, children, and other dependents, including, 09 among other things, shelter, clothing, food, and incidentals, and to make periodic  10 payments of child support and other family maintenance required by a court or  11 governmental agency or an agreement to which the principal is a party; 12 (2) provide, whenever necessary, medical, dental, and surgical care, 13 hospitalization, and custodial care for the spouse, children, and other dependents of the 14 principal; 15 (3) continue whatever provision has been made by the principal for the 16 principal's spouse, children, and other dependents, with respect to automobiles, or 17 other means of transportation, including by way of illustration, but not by way of 18 restriction, power to license, insure, and replace automobiles owned by the principal 19 and customarily used by the spouse, children, or other dependents of the principal; 20 (4) continue whatever charge accounts have been opened for the 21 convenience of the principal's spouse, children, or other dependents, open any new 22 accounts that the agent considers desirable to accomplish the purposes enumerated in 23 this subsection, and pay the items charged on these accounts by a person authorized or 24 permitted by the principal to make the charges; 25 (5) continue the discharge of any services or duties assumed by the 26 principal to a parent, relative, or friend of the principal; 27 (6) supervise, enforce, defend, or settle any claim by or against the 28 principal arising out of property damages or personal injuries suffered by or caused by 29 the principal, or under any circumstance that the resulting loss will or may fall on the 30 principal; 31 (7) continue payments incidental to the membership or affiliation of the 01 principal in a church, club, society, order, or other organization, or continue 02 contributions to the organization; 03 (8) demand, receive, or obtain money or any other thing of value to 04 which the principal is or may become or may claim to be entitled as remuneration for 05 services performed, or as a stock dividend or distribution, or as interest or principal 06 upon indebtedness, or as a periodic distribution of profits from any partnership or 07 business in which the principal has or claims an interest, and endorse, collect, or 08 otherwise realize upon an instrument for the payment received; 09 (9) prepare, execute, and file all tax, social security, unemployment 10 insurance, and information returns required by the laws of the United States or of any 11 state or subdivision, or of any foreign government; prepare, execute, and file all other 12 papers and instruments that the agent considers desirable or necessary for the 13 safeguarding of the principal against excess or illegal taxation or against penalties 14 imposed for claimed violation of a law or regulation; and pay, compromise, or contest 15 or apply for refunds in connection with a tax or assessment for which the principal is 16 or may be liable; 17 (10) use an asset of the principal to perform a power enumerated in this 18 subsection, including by way of illustration and not by way of restriction, power to 19 draw money by check or otherwise from a bank deposit of the principal, to sell land or 20 a chattel, bond, share, commodity interest, or other asset of the principal, to borrow 21 money, and to pledge as security for the loan any asset, including insurance, that 22 belongs to the principal; 23 (11) execute, acknowledge, verify, seal, file, and deliver an application, 24 consent, petition, notice, release, waiver, agreement, or other instrument that the agent 25 considers useful to accomplish a purpose enumerated in this subsection; 26 (12) prosecute, defend, submit to arbitration, settle, and propose or 27 accept a compromise with respect to a claim existing in favor of, or against, the 28 principal based on or involving a transaction enumerated in this subsection, or 29 intervene in any action or proceeding related to a transaction; 30 (13) hire, discharge, and compensate an attorney, accountant, expert 31 witness, or assistant when the agent considers the action to be desirable for the proper 01 execution of any of the powers described in this subsection, and for the keeping of 02 records, about that action; [AND] 03 (14) do any other act or acts that the principal can do through an agent, 04 for the welfare of the spouse, children, or dependents of the principal or for the 05 preservation and maintenance of the other personal relationships of the principal to a 06 parent, relative, friend, or organization; and  07 (15) act as the principal's personal representative under 42 U.S.C.  08 1320d (Health Insurance Portability and Accountability Act and secs. 1171 -  09 1179, Social Security Act), as amended, and applicable regulations, in making  10 decisions related to the past, present, or future payment for the provision of  11 health care consented to by the principal or anyone authorized under the law of  12 this state to consent to health care on behalf of the principal. 13  * Sec. 17. AS 13.26.344(k) is amended to read: 14 (k) In a statutory form power of attorney, the language conferring general 15 authority with respect to benefits from government programs or civil or [AND] 16 military service shall be construed to mean that, whether the benefits from the 17 government programs or civil or military service have accrued to the principal in the 18 state or elsewhere, the principal authorizes the agent to 19 (1) prepare and execute vouchers, applications, requests, forms, and 20 other legal documents in the name of the principal for all benefits, bonuses, dividends, 21 allowances, and reimbursements payable under any government program or military 22 service of the United States, a state, or a subdivision, including allowances and  23 reimbursements for transportation of the individuals described in (j)(1) of this  24 section, and for shipment of their household effects, and receive, endorse, and 25 collect the proceeds of a check payable to the order of the principal drawn on the 26 treasurer or other fiscal officer or depositary of the United States, a state, or a 27 subdivision; 28 (2) take possession and order the removal and shipment of property of 29 the principal from any post, warehouse, depot, dock, or other place or storage or 30 safekeeping and execute and deliver any release, voucher, receipt, bill of lading, 31 shipping ticket, certificate, or other instrument that the agent considers desirable or 01 necessary for that purpose; 02 (3) prepare, file, and prosecute the claim of the principal to any benefit 03 or assistance to which the principal is, or claims to be, entitled under the provisions of 04 a statute or regulation of the United States, a state, or a subdivision; 05 (4) receive the financial proceeds of a claim of the type described in 06 this subsection; conserve, invest, disburse or use anything received for purposes 07 enumerated in this subsection; and reimburse the agent for expenditures properly made 08 in the execution of the powers conferred by the statutory form power of attorney; 09 (5) prosecute, defend, submit to arbitration, settle, and propose or 10 accept a compromise with respect to a claim existing in favor of, or against, the 11 principal based on or involving a benefit from a government program or military 12 service, or intervene in an action relating to a claim; 13 (6) hire, discharge, or compensate an attorney, accountant, expert 14 witness, or assistant when the agent considers that action to be desirable for the proper 15 execution of any of the powers described in this subsection; [AND] 16 (7) enroll in, apply for, select, reject, change, amend, or  17 discontinue, on the principal's behalf, a benefit or program; and 18 (8) do any other act or acts that the principal can do through an agent, 19 and that [WHICH] the agent considers desirable or necessary to assure to the principal 20 and to the dependents of the principal [,] the maximum possible benefit from the 21 government programs or civil or military service of the United States, a state, or a 22 subdivision. 23  * Sec. 18. AS 13.26.344 is amended by adding a new subsection to read: 24 (q) In a statutory form power of attorney, unless the power of attorney 25 otherwise provides, the language conferring specific authority with respect to gift 26 transactions shall be construed to mean that the principal authorizes the agent only 27 (1) to make a gift of the principal's property only as the agent 28 determines is consistent with the principal's objectives if actually known by the agent 29 and, if unknown, as the agent determines is consistent with the principal's best interest 30 based on all relevant factors, including 31 (A) the value and nature of the principal's property; 01 (B) the principal's foreseeable obligations and need for 02 maintenance; 03 (C) minimization of taxes, including income, estate, inheritance, 04 generation-skipping transfer, and gift taxes; 05 (D) eligibility for a benefit, a program, or assistance under a 06 statute or regulation; and 07 (E) the principal's personal history of making or joining in 08 making gifts; 09 (2) subject to (1) of this subsection, to make outright to, or for the 10 benefit of, a person, a gift of any of the principal's property, including by the exercise 11 of a presently exercisable general power of appointment held by the principal, in an 12 amount for each donee not to exceed the annual dollar limits of the federal gift tax 13 exclusion under 26 U.S.C. 2503(b) (Internal Revenue Code), as amended, without 14 regard to whether the federal gift tax exclusion applies to the gift, or if the principal's 15 spouse agrees to consent to a split gift under 26 U.S.C. 2513 (Internal Revenue Code), 16 as amended, in an amount for each donee not to exceed twice the annual federal gift 17 tax exclusion limit; in this paragraph, "presently exercisable general power of 18 appointment," with respect to property or a property interest subject to a power of 19 appointment, means power exercisable at the time in question to vest absolute 20 ownership in the principal individually, the principal's estate, the principal's creditors, 21 or the creditors of the principal's estate; the term includes a power of appointment not 22 exercisable until the occurrence of a specified event, the satisfaction of an 23 ascertainable standard, or the passage of a specified period only after the occurrence of 24 the specified event, the satisfaction of the ascertainable standard, or the passage of the 25 specified period; the term does not include a power exercisable in a fiduciary capacity 26 or only by will; and 27 (3) subject to (1) of this subsection, to consent, under 26 U.S.C. 2513 28 (Internal Revenue Code), as amended, to the splitting of a gift made by the principal's 29 spouse in an amount for each donee not to exceed the aggregate annual gift tax 30 exclusions for both spouses. 31  * Sec. 19. AS 13.26.347 is amended to read: 01 Sec. 13.26.347. Validity of modified statutory form power of attorney. A 02 power of attorney that satisfies the requirements of AS 13.26.332 - 13.26.344 is not 03 prevented from being a statutory form power of attorney by the fact that it also 04 contains additional language that 05 (1) eliminates from the power of attorney one or more of the powers 06 enumerated in one or more of the subsections of AS 13.26.344 with respect to a 07 section of the statutory form power of attorney that is not eliminated by the principal; 08 (2) supplements one or more of the powers enumerated in one or more 09 of the subsections of AS 13.26.344 with respect to a section of the statutory form 10 power of attorney that is not eliminated by the principal by specifically listing 11 additional powers of the agent; [OR] 12 (3) makes an additional provision that is not substantially inconsistent 13 with the other provisions of the statutory form power of attorney; or  14 (4) relieves an agent of liability for breach of a duty under  15 AS 13.26.327, except to the extent the provision  16 (A) relieves the agent of liability for breach of duty  17 committed dishonestly, with an improper motive, or with reckless  18 indifference to the purposes of the power of attorney or the best interest of  19 the principal; or  20 (B) was inserted as a result of an abuse of a confidential or  21 fiduciary relationship with the principal. 22  * Sec. 20. AS 13.26.350 is amended to read: 23 Sec. 13.26.350. When statutory form power of attorney is not affected by  24 incapacity [DISABILITY OR INCOMPETENCE] of principal. (a) The 25 subsequent incapacity [DISABILITY OR INCOMPETENCE] of a principal does not 26 revoke or terminate the authority of an agent [ATTORNEY-IN-FACT] who acts 27 under a power of attorney in a writing executed by a principal if the writing contains 28 the words "This power of attorney shall become effective upon the incapacity 29 [DISABILITY] of the principal," or contains the words "This power of attorney shall 30 not be affected by the subsequent incapacity [DISABILITY] of the principal," or 31 words substantially similar showing the intent of the principal that the authority 01 conferred shall be exercisable notwithstanding the principal's subsequent incapacity 02 [DISABILITY, INCOMPETENCE,] or uncertainty as to whether the principal is dead 03 or alive. 04 (b) An act done by an agent [ATTORNEY-IN-FACT] under a power granted 05 in a power of attorney under AS 13.26.332 - 13.26.344 during a period of incapacity 06 [DISABILITY, INCOMPETENCE,] or uncertainty as to whether the principal is dead 07 or alive has the same effect and enures to the benefit of and binds a principal and the 08 principal's distributees, devisees, legatees, and personal representatives as if there  09 were no incapacity of the principal [WERE COMPETENT AND NOT DISABLED]. 10 If a conservator is later appointed for the principal, during the continuance of the 11 appointment, the agent is accountable to the conservator as well as to the principal 12 [THE ATTORNEY-IN-FACT SHALL ACCOUNT TO THE CONSERVATOR 13 RATHER THAN TO THE PRINCIPAL]. The conservator has the same power to  14 revoke, suspend, or terminate the power of attorney that the principal would have 15 if there was no incapacity of the principal [WERE NOT DISABLED OR 16 INCOMPETENT TO REVOKE, SUSPEND, OR TERMINATE THE POWER OF 17 ATTORNEY]. 18  * Sec. 21. AS 13.26.353(a) is repealed and reenacted to read: 19 (a) For purposes of AS 13.26.332 - 13.26.344, 20 (1) the incapacity of a principal shall be established by affidavit stating 21 that the principal is unable to manage property or business affairs because the 22 principal 23 (A) has an impairment in the ability to receive and evaluate 24 information or make or communicate decisions even with the use of 25 technological assistance, and this impairment is the result of mental illness, 26 mental deficiency, physical illness, physical disability, advanced age, use of 27 drugs, chronic intoxication, or other similar medical or psychological reason, 28 to such an extent that the principal is unable to manage the principal's property 29 or affairs; or 30 (B) is 31 (i) missing; 01 (ii) detained, including incarcerated in a penal system; or 02 (iii) outside the United States and unable to return; and 03 (2) if the incapacity is based on (1)(A) of this subsection, two 04 physicians or similarly qualified medical professionals who have personally examined 05 the principal shall sign the affidavit; however, the affidavit may be signed by only one 06 physician or similarly qualified medical professional if only one physician or similarly 07 qualified medical professional is available and the affidavit executed by the person 08 states that only one physician or similarly qualified medical professional is available. 09  * Sec. 22. AS 13.26.353(b) is amended to read: 10 (b) A third party who relies on the reasonable representations of an agent 11 [ATTORNEY-IN-FACT] designated under AS 13.26.332 - 13.26.347 [AS 13.26.332 - 12 13.26.344] as to a matter relating to a power granted by a properly executed statutory 13 form power of attorney does not incur a liability to the principal or the principal's 14 heirs, assigns, or estate as a result of permitting the agent [ATTORNEY-IN-FACT] to 15 exercise the authority granted by the power of attorney. 16  * Sec. 23. AS 13.26 is amended by adding new sections to read: 17 Sec. 13.26.354. Judicial relief. (a) The following persons may petition a court 18 in accordance with the provisions of AS 13.26.165 - 13.26.324 to construe a power of 19 attorney, review the agent's conduct, and grant appropriate relief: 20 (1) the principal or the agent; 21 (2) the principal's attorney or other legal representative; 22 (3) a guardian, conservator, or other fiduciary acting for the principal; 23 (4) a person authorized to make health care decisions for the principal; 24 (5) the principal's spouse, parent, or descendant; 25 (6) an individual who would qualify as a presumptive heir of the 26 principal; 27 (7) a person named as a beneficiary to receive any property, benefit, or 28 contractual right on the principal's death or as a beneficiary of a trust created by or for 29 the principal that has a financial interest in the principal's estate; 30 (8) the Department of Health and Social Services, the Department of 31 Administration, the office of the long-term care ombudsman, or other governmental 01 agency having statutory authority to protect the welfare of the principal; 02 (9) the principal's caregiver, custodian, or another person that 03 demonstrates sufficient interest in the principal's welfare; and 04 (10) a person asked to accept the power of attorney. 05 (b) Upon motion by the principal, the court shall dismiss a petition filed under 06 this section, unless the court finds that the principal lacks capacity to revoke the 07 agent's authority or the power of attorney. 08 Sec. 13.26.355. Relationship to other laws. (a) Except as provided in (c) of 09 this section, AS 13.26.326 - 13.26.359 do not supersede any other law applicable to a 10 financial institution or other entity, and the other law controls if inconsistent with 11 AS 13.26.326 - 13.26.359. 12 (b) The remedies in AS 13.26.326 - 13.26.359 are not exclusive and do not 13 abrogate any right or remedy under the law of this state. 14 (c) AS 13.26.326 - 13.26.359 modify, limit, or supersede 15 U.S.C. 7001 - 15 7031 (Electronic Signatures in Global and National Commerce Act), but do not 16 modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any 17 of the notices described in 15 U.S.C. 7003(b). 18  * Sec. 24. AS 13.26.356 is amended to read: 19 Sec. 13.26.356. Powers of attorney not revoked until notice of death or  20 incapacity [DISABILITY]. (a) The death [, DISABILITY] or incapacity 21 [INCOMPETENCE] of a principal who has executed a power of attorney in writing 22 does not revoke or terminate the agency as to the [ATTORNEY-IN-FACT,] agent [,] 23 or other person who, without actual knowledge of the death [, DISABILITY,] or 24 incapacity [INCOMPETENCE] of the principal, acts in good faith under the power of 25 attorney [OR AGENCY]. Action so taken, unless otherwise invalid or unenforceable, 26 binds the principal and the heirs, devisees, and personal representatives of the 27 principal. 28 (b) An affidavit executed by the [ATTORNEY-IN-FACT OR] agent stating 29 that the [ATTORNEY-IN-FACT OR] agent did not have, at the time of doing an act 30 under the power of attorney, actual knowledge of the revocation or termination of the 31 power of attorney by death [, DISABILITY] or incapacity [INCOMPETENCE], is, in 01 the absence of fraud, conclusive proof of the nonrevocation or nontermination of the 02 power of attorney at that time. If the exercise of the power of attorney requires 03 execution and delivery of an instrument that is recordable, the affidavit when 04 authenticated for record is likewise recordable. 05 (c) A special power of attorney created before September 4, 1988, shall be 06 construed to grant the agent [ATTORNEY-IN-FACT] the powers set out in that 07 special power of attorney. 08  * Sec. 25. AS 13.26 is amended by adding a new section to read: 09 Sec. 13.26.357. Execution of power of attorney. (a) A power of attorney 10 executed in this state is valid if the principal 11 (1) signs the power of attorney or, in the principal's conscious presence, 12 directs another individual to sign the principal's name on the power of attorney; and 13 (2) acknowledges the signature before a notary public or other 14 individual authorized by law to take acknowledgments. 15 (b) Notwithstanding AS 44.50.062(5)(A), a notary public may consider that 16 the principal has signed a power of attorney if the principal, in the presence of the 17 notary public, directs another individual to sign under (a)(1) of this section. 18  * Sec. 26. AS 13.26.358(a) is amended to read: 19 (a) A public home care provider may not accept a designation as 20 [ATTORNEY-IN-FACT OR] agent by general or special power of attorney for an 21 individual to whom the provider furnishes services unless the designation is held 22 jointly with another individual who is not a public home care provider. 23  * Sec. 27. AS 13.26 is amended by adding a new section to article 5 to read: 24 Sec. 13.26.359. Definitions. In AS 13.26.326 - 13.26.359, 25 (1) "benefits from government programs or civil or military service" 26 means a benefit, a program, or assistance provided under a statute or regulation, 27 including Social Security, Medicare, and Medicaid; and 28 (2) "good faith" means honesty in fact; 29 (3) "incapacity" means inability of an individual to manage property or 30 business affairs because the individual 31 (A) has an impairment in the ability to receive and evaluate 01 information or make or communicate decisions even with the use of 02 technological assistance; or 03 (B) is 04 (i) missing; 05 (ii) detained, including incarcerated in a penal system; or 06 (iii) outside the United States and unable to return; and 07 (4) "retirement plan" means a plan or account created by an employer, 08 the principal, or another individual to provide retirement benefits or deferred 09 compensation of which the principal is a participant, beneficiary, or owner, including a 10 plan or account under the following sections of 26 U.S.C. (Internal Revenue Code): 11 (A) an individual retirement account under 26 U.S.C. 408 12 (Internal Revenue Code), as amended; 13 (B) a Roth IRA under 26 U.S.C. 408A (Internal Revenue Code), 14 as amended; 15 (C) an individual retirement account under 26 U.S.C. 408(q) 16 (Internal Revenue Code), as amended; 17 (D) an annuity or custodial account under 26 U.S.C. 403(b) 18 (Internal Revenue Code), as amended; 19 (E) a pension, profit-sharing, stock bonus, or other retirement 20 plan qualified under 26 U.S.C. 401(a) (Internal Revenue Code), as amended; 21 (F) a plan under 26 U.S.C. 457(b) (Internal Revenue Code), as 22 amended; and 23 (G) a nonqualified deferred compensation plan under 26 U.S.C. 24 409A (Internal Revenue Code), as amended. 25  * Sec. 28. AS 13 is amended by adding a new chapter to read: 26 Chapter 28. Recognition of Substitute Decision-Making Documents.  27 Sec. 13.28.010. Validity of substitute decision-making document. (a) Except 28 as provided in AS 13.26.331, a substitute decision-making document for property 29 executed outside this state is valid in this state if, when the document was executed, 30 the execution complied with the law of the jurisdiction indicated in the document or, if 31 jurisdiction is not indicated, the law of the jurisdiction in which the document was 01 executed. 02 (b) Except as provided in AS 13.52.010 and 13.52.247, a substitute decision- 03 making document for health care or personal care executed outside this state is valid in 04 this state if, when the document was executed, the execution complied with 05 (1) the law of the jurisdiction indicated in the document or, if 06 jurisdiction is not indicated, the law of the jurisdiction in which the document was 07 executed; or 08 (2) the laws of this state other than this chapter. 09 (c) Except as otherwise provided by a law of this state other than this chapter, a 10 photocopy or electronically transmitted copy of an original substitute decision-making 11 document has the same effect as the original. 12 Sec. 13.28.020. Meaning and effect of substitute decision-making  13 document. The meaning and effect of a substitute decision-making document and the 14 authority of the decision maker are determined by the law of the jurisdiction indicated 15 in the substitute decision-making document or, if jurisdiction is not indicated, the law 16 of the jurisdiction in which the substitute decision-making document was executed. 17 Sec. 13.28.030. Reliance on substitute decision-making document. (a) 18 Except as otherwise provided in AS 13.26.328, a person that in good faith accepts a 19 substitute decision-making document without actual knowledge that the document is 20 void, invalid, or terminated, or that the purported decision maker's authority is void, 21 invalid, or terminated, may, without inquiry, assume that the document is genuine, 22 valid, and still in effect and that the decision maker's authority is genuine, valid, and 23 still in effect. 24 (b) A person that is asked to accept a substitute decision-making document 25 may request and may, without further investigation, rely on 26 (1) the decision maker's assertion of a fact concerning the individual for 27 whom a decision will be made, the decision maker, or the document; 28 (2) a translation of the document if the document contains, in whole or 29 in part, a language other than English; and 30 (3) an opinion of counsel regarding any matter of law concerning the 31 document if the person requesting the opinion provides in a record the reason for the 01 request. 02 Sec. 13.28.040. Obligation to accept substitute decision-making document.  03 (a) Except as otherwise provided in (b) of this section or by a law of this state other 04 than this chapter, a person shall, within a reasonable time, accept a substitute decision- 05 making document that purportedly meets the validity requirements of AS 13.28.010 06 and may not require an additional or different form of document for authority granted 07 in the document presented. 08 (b) A person is not required to accept a substitute decision-making document if 09 (1) the person otherwise would not be required in the same 10 circumstances to act if requested by the individual who executed the document; 11 (2) the person has actual knowledge of the termination of the decision 12 maker's authority or the document; 13 (3) the person's request under AS 13.28.030(b) for the decision maker's 14 assertion of fact, a translation, or an opinion of counsel is refused; 15 (4) the person in good faith believes that the document is not valid or 16 that the decision maker does not have the authority to request a particular transaction 17 or action; or 18 (5) the person makes, or has actual knowledge that another person has 19 made, a report to the office of the Department of Health and Social Services that 20 administers adult protective services stating a belief that the individual for whom a 21 decision will be made may be subject to abuse, neglect, exploitation, or abandonment 22 by the decision maker or a person acting for or with the decision maker. 23 (c) A person that, in violation of this section, refuses to accept a substitute 24 decision-making document is subject to 25 (1) a court order mandating acceptance of the document; and 26 (2) liability as provided by the court rules of this state for attorney fees 27 and costs incurred in an action or proceeding that mandates acceptance of the 28 document. 29 Sec. 13.28.050. Remedies under other law. The remedies under this chapter 30 are not exclusive and do not abrogate any right or remedy under a law of this state 31 other than this chapter. 01 Sec. 13.28.060. Uniformity of application and construction. In applying and 02 construing this chapter, consideration shall be given to the need to promote uniformity 03 of the law with respect to its subject matter among the states that enact it. 04 Sec. 13.28.070. Relation to Electronic Signatures in Global and National  05 Commerce Act. This chapter modifies, limits, or supersedes 15 U.S.C. 7001 - 7031 06 (Electronic Signatures in Global and National Commerce Act), but does not modify, 07 limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the 08 notices described in 15 U.S.C. 7003(b). 09 Sec. 13.28.090. Definitions. In this chapter, 10 (1) "decision maker" means a person authorized to act for an individual 11 under a substitute decision-making document or to whom a decision maker's authority 12 is delegated, whether denominated a decision maker, agent, attorney-in-fact, proxy, 13 representative, original decision maker, co-decision maker, successor decision maker, 14 or otherwise; 15 (2) "good faith" means honesty in fact; 16 (3) "health care" means a service or procedure to maintain, diagnose, 17 treat, or otherwise affect an individual's physical or mental condition; 18 (4) "person" means an individual, estate, business or nonprofit entity, 19 public corporation, government or governmental subdivision, agency, or 20 instrumentality, or other legal entity; 21 (5) "personal care" means an arrangement or a service to provide an 22 individual with shelter, food, clothing, transportation, education, recreation, social 23 contact, or assistance with the activities of daily living; 24 (6) "property" means anything that may be subject to ownership, 25 whether real or personal or legal or equitable, or any interest or right in the thing; 26 (7) "record" means information that is inscribed on a tangible medium 27 or that is stored in an electronic or other medium and is retrievable in perceivable 28 form; 29 (8) "substitute decision-making document" means a record created by 30 an individual to authorize a decision maker to act for the individual with respect to 31 property, health care, or personal care. 01 Sec. 13.28.095. Short title. This chapter may be cited as the Uniform 02 Recognition of Substitute Decision-Making Documents Act. 03  * Sec. 29. AS 13.26.338(a), 13.26.344(n), and 13.26.353(c) are repealed. 04  * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. (a) This Act 07 (1) applies to a power of attorney or substitute decision-making document 08 created on or after the effective date of this Act; 09 (2) applies to a judicial proceeding commenced on or after the effective date of 10 this Act concerning a power of attorney or substitute decision-making document created on or 11 after the effective date of this Act; and 12 (3) does not apply to an act done before the effective date of this Act. 13 (b) In this section, "substitute decision-making document" has the meaning given in 14 AS 13.28.090, enacted by sec. 28 of this Act. 15  * Sec. 31. This Act takes effect January 1, 2016.