SCS CSHB 8(HSS): "An Act relating to powers of attorney and other substitute decision-making documents; relating to the uniform probate code; relating to notaries public; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 8(HSS) 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 AS 13.06.050(1) is repealed and reenacted to read: 06 (1) "agent" means a person granted authority to act for a principal 07 under a power of attorney or to whom an agent's authority is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: 15 (57) "durable," with respect to a power of attorney, means not
01 terminated by the principal's incapacity; in this paragraph, "incapacity" has the 02 meaning given in AS 13.26.359; 03 (58) "electronic" means relating to technology having electrical, digital, 04 magnetic, wireless, optical, electromagnetic, or similar capabilities; 05 (59) "power of attorney" means a writing or other record that grants 06 authority to an agent to act in the place of the principal, whether or not the term 07 "power of attorney" is used; 08 (60) "principal" means an individual who grants authority to an agent in 09 a power of attorney; 10 (61) "record" means information that is inscribed on a tangible medium 11 or that is stored in an electronic or other medium and is retrievable in perceivable 12 form; 13 (62) "sign" means, with present intent to authenticate or adopt a record, 14 (A) to execute or adopt a tangible symbol; or 15 (B) to attach to or logically associate with the record an 16 electronic sound, symbol, or process. 17 * Sec. 4. AS 13.26 is amended by adding new sections to article 5 to read: 18 Sec. 13.26.326. Agent's acceptance and liability. (a) Except as otherwise 19 provided in the power of attorney, a person accepts appointment as an agent under a 20 power of attorney by exercising authority or performing duties as an agent or by any 21 other assertion or conduct indicating acceptance. 22 (b) An agent that violates a provision in AS 13.26.326 - 13.26.359 is liable to 23 the principal or the principal's successors in interest for the amount required to 24 (1) restore the value of the principal's property to what it would have 25 been had the violation not occurred; and 26 (2) reimburse the principal or the principal's successors in interest for 27 the attorney fees and costs paid on the agent's behalf. 28 Sec. 13.26.327. Agent's duties. (a) Notwithstanding provisions in the power of 29 attorney, an agent that has accepted appointment shall 30 (1) act in accordance with the principal's reasonable expectations to the 31 extent actually known by the agent and, otherwise, in the principal's best interest;
01 (2) act in good faith; and 02 (3) act only within the scope of authority granted in the power of 03 attorney. 04 (b) Except as otherwise provided in the power of attorney, an agent that has 05 accepted appointment shall 06 (1) act loyally for the principal's benefit; 07 (2) act so as not to create a conflict of interest that impairs the agent's 08 ability to act impartially in the principal's best interest; 09 (3) act with the care, competence, and diligence ordinarily exercised by 10 agents in similar circumstances; 11 (4) keep a record of all receipts, disbursements, and transactions made 12 on behalf of the principal; 13 (5) cooperate with a person that has authority to make health care 14 decisions for the principal to carry out the principal's reasonable expectations to the 15 extent actually known by the agent and, otherwise, act in the principal's best interest; 16 and 17 (6) attempt to preserve the principal's estate plan, to the extent actually 18 known by the agent, if preserving the plan is consistent with the principal's best 19 interest based on all relevant factors, including 20 (A) the value and nature of the principal's property; 21 (B) the principal's foreseeable obligations and need for 22 maintenance; 23 (C) minimization of taxes, including income, estate, inheritance, 24 generation-skipping transfer, and gift taxes; and 25 (D) eligibility for a benefit, a program, or assistance under a 26 statute or regulation. 27 (c) An agent that acts in good faith is not liable to any beneficiary of the 28 principal's estate plan for failure to preserve the plan. 29 (d) An agent that acts with care, competence, and diligence for the best interest 30 of the principal is not liable solely because the agent also benefits from the act or has 31 an individual or conflicting interest in relation to the property or affairs of the
01 principal. 02 (e) If an agent is selected by the principal because of special skills or expertise 03 possessed by the agent or in reliance on the agent's representation that the agent has 04 special skills or expertise, the special skills or expertise must be considered in 05 determining whether the agent has acted with care, competence, and diligence under 06 the circumstances. 07 (f) Absent a breach of duty to the principal, an agent is not liable if the value of 08 the principal's property declines. 09 (g) An agent that exercises authority to delegate to another person the authority 10 granted by the principal or that engages another person on behalf of the principal is not 11 liable for an act, error of judgment, or default of that person if the agent exercises care, 12 competence, and diligence in selecting and monitoring the person. 13 (h) Except as otherwise provided in the power of attorney, an agent is not 14 required to disclose receipts, disbursements, or transactions conducted on behalf of the 15 principal unless ordered by a court or requested by the principal, a guardian, a 16 conservator, another fiduciary acting for the principal, a governmental agency having 17 authority to protect the welfare of the principal, or, upon the death of the principal, the 18 personal representative or successor in interest of the principal's estate. If so requested, 19 within 30 days the agent shall comply with the request or provide a writing or other 20 record substantiating why additional time is needed and shall comply with the request 21 within an additional 30 days. 22 Sec. 13.26.328. Acceptance of power of attorney. (a) A third party asked to 23 accept a power of attorney may request, and rely upon, without further investigation 24 (1) an agent's certification under penalty of perjury of any factual 25 matter concerning the principal, agent, or power of attorney; 26 (2) an English translation of the power of attorney if the power of 27 attorney contains, in whole or in part, language other than English; and 28 (3) an opinion of counsel as to any matter of law concerning the power 29 of attorney if the person making the request provides in a writing or other record the 30 reason for the request. 31 (b) An English translation or an opinion of counsel requested under this section
01 must be provided at the principal's expense unless the request is made more than seven 02 business days after the power of attorney is presented for acceptance. 03 (c) For purposes of this section, a person that conducts activities through 04 employees is without actual knowledge of a fact relating to a principal, agent, or 05 power of attorney if the employee conducting the transaction involving the power of 06 attorney is without actual knowledge of the fact. 07 (d) Except as otherwise provided in (e) of this section, 08 (1) a person shall accept an acknowledged power of attorney or request 09 a certification, a translation, or an opinion of counsel under (a) of this section not later 10 than seven business days after presentation of the power of attorney for acceptance; 11 (2) if a person requests a certification, a translation, or an opinion of 12 counsel under (a) of this section, the person shall accept the power of attorney not later 13 than five business days after receipt of the certification, translation, or opinion of 14 counsel; and 15 (3) a person may not require an additional or different form of power of 16 attorney for authority granted in the power of attorney presented. 17 (e) Notwithstanding AS 13.26.357, a person is not required to accept an 18 acknowledged power of attorney if 19 (1) the person is not otherwise required to engage in a transaction with 20 the principal in the same circumstances; 21 (2) engaging in a transaction with the agent or principal in the same 22 circumstances would be inconsistent with federal law; 23 (3) the person has actual knowledge of the termination of the agent's 24 authority or of the power of attorney before exercise of the power; 25 (4) a request for a certification, a translation, or an opinion of counsel 26 under (a) of this section is refused; 27 (5) the person in good faith believes that the power is not valid or that 28 the agent does not have the authority to perform the act requested, whether or not a 29 certification, a translation, or an opinion of counsel under (a) of this section has been 30 requested or provided; or 31 (6) the person makes, or has actual knowledge that another person has
01 made, a report to Department of Health and Social Services or other governmental 02 agency, stating a good faith belief that the principal may be subject to physical or 03 financial abuse, neglect, exploitation, or abandonment by the agent or a person acting 04 for or with the agent. 05 (f) A person that refuses in violation of this section to accept an acknowledged 06 power of attorney is subject to 07 (1) a court order mandating acceptance of the power of attorney; and 08 (2) liability as provided by court rules of this state for attorney fees and 09 costs incurred in any action or proceeding that confirms the validity of the power of 10 attorney or mandates acceptance of the power of attorney. 11 Sec. 13.26.329. Termination of power of attorney; agent's resignation; 12 notice. (a) Except as provided in AS 13.26.356, a power of attorney terminates when 13 (1) the principal dies; 14 (2) there is an incapacity of the principal, if the power of attorney is not 15 durable; 16 (3) the principal revokes the power of attorney; 17 (4) the power of attorney provides that it terminates; 18 (5) the purpose of the power of attorney is accomplished; or 19 (6) the principal revokes the agent's authority, there is an incapacity of 20 the agent, the agent dies, or the agent resigns, and the power of attorney does not 21 provide for another agent to act under the power of attorney. 22 (b) Unless the power of attorney provides a different method for an agent's 23 resignation, an agent may resign by giving notice to the principal and, if there is an 24 incapacity of the principal, 25 (1) to the conservator or guardian, if one has been appointed for the 26 principal, and a coagent or successor agent; or 27 (2) if there is no person described in (1) of this subsection, to 28 (A) the principal's custodian or caregiver; 29 (B) another person reasonably believed by the agent to have 30 sufficient interest in the principal's welfare; or 31 (C) a governmental agency having statutory authority to protect
01 the welfare of the principal. 02 * Sec. 5. AS 13.26 is amended by adding a new section to article 5 to read: 03 Sec. 13.26.331. Validity of power of attorney executed in another state. A 04 power of attorney executed other than in this state is valid in this state if, when the 05 power of attorney was executed, the execution complied with 06 (1) the law of the jurisdiction where the power of attorney was 07 executed; or 08 (2) the requirements for a military power of attorney under 10 U.S.C. 09 1044b, as amended. 10 * Sec. 6. AS 13.26.332 is amended to read: 11 Sec. 13.26.332. Statutory form power of attorney. A person who wishes to 12 designate another as [ATTORNEY-IN-FACT OR] agent by a power of attorney may 13 execute a statutory power of attorney set out in substantially the following form: 14 GENERAL POWER OF ATTORNEY 15 THE POWERS GRANTED FROM THE PRINCIPAL TO THE 16 AGENT OR AGENTS IN THE FOLLOWING DOCUMENT ARE 17 VERY BROAD. THEY MAY INCLUDE THE POWER TO 18 DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND 19 PERSONAL PROPERTY. ACCORDINGLY, THE FOLLOWING 20 DOCUMENT SHOULD ONLY BE USED AFTER CAREFUL 21 CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT 22 THIS DOCUMENT, YOU SHOULD SEEK COMPETENT ADVICE. 23 YOU MAY REVOKE THIS POWER OF ATTORNEY AT 24 ANY TIME. 25 Pursuant to AS 13.26.338 - 13.26.359 [AS 13.26.338 - 26 13.26.353], I, (Name of principal), of (Address of principal), do hereby 27 appoint (Name and address of agent or agents), my agent(s) 28 [ATTORNEY(S)-IN-FACT] to act as indicated below in my name, 29 place, and stead in any way which I myself could do, if I were 30 personally present, with respect to the following matters, as each of 31 them is defined in AS 13.26.344, to the full extent that I am permitted
01 by law to act through an agent: 02 MARK THE BOXES BELOW TO INDICATE THE 03 POWERS YOU WANT TO GIVE YOUR AGENT OR AGENTS. 04 MARK THE BOX FOR "YES" THAT IS OPPOSITE A 05 CATEGORY BELOW TO GIVE YOUR AGENT OR AGENTS 06 THE POWER IN THAT CATEGORY. MARK THE BOX FOR 07 "NO" THAT IS OPPOSITE A CATEGORY BELOW TO 08 INDICATE THAT YOU ARE NOT GIVING YOUR AGENT OR 09 AGENTS THE POWER IN THAT CATEGORY. MARK A BOX 10 FOR EVERY CATEGORY. IF YOU DO NOT MARK EITHER 11 OF THE BOXES OPPOSITE A CATEGORY, OR IF YOU 12 MARK BOTH OF THE BOXES OPPOSITE A CATEGORY, 13 YOUR AGENT OR AGENTS WILL NOT HAVE THE POWER 14 IN THAT CATEGORY [THE AGENT OR AGENTS YOU HAVE 15 APPOINTED WILL HAVE ALL THE POWERS LISTED BELOW 16 UNLESS YOU DRAW A LINE THROUGH A CATEGORY, AND 17 INITIAL THE BOX OPPOSITE THAT CATEGORY]. 18 YES NO 19 (A) real estate transactions ( ) ( ) 20 (B) transactions involving tangible personal 21 property, chattels, and goods ( ) ( ) 22 (C) bonds, shares, and commodities transactions ( ) ( ) 23 (D) banking transactions ( ) ( ) 24 (E) business operating transactions ( ) ( ) 25 (F) insurance transactions ( ) ( ) 26 (G) estate transactions ( ) ( ) 27 (H) retirement plans [GIFT TRANSACTIONS] ( ) ( ) 28 (I) claims and litigation ( ) ( ) 29 (J) personal relationships and affairs ( ) ( ) 30 (K) benefits from government programs 31 and civil or military service ( ) ( )
01 (L) records, reports, and statements ( ) ( ) 02 (M) [DELEGATION ( ) 03 (N)] voter registration and absentee 04 ballot requests ( ) ( ) 05 (N) [(O)] all other matters, including those 06 specified as follows: ( ) ( ) 07 _________________________________________________________ 08 _________________________________________________________ 09 _________________________________________________________ 10 GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 11 The agent or agents you have appointed WILL NOT have 12 the power to do any of the following acts UNLESS you MARK the 13 box opposite that category: 14 ( ) create, amend, revoke, or terminate an inter vivos trust; 15 ( ) make a gift, subject to the limitations of AS 13.26.344(q) and any 16 special instructions in this power of attorney; 17 ( ) create or change a beneficiary designation; 18 ( ) revoke a transfer on death deed made under AS 13.48; 19 ( ) create or change rights of survivorship; 20 ( ) delegate authority granted under the power of attorney; 21 ( ) waive the principal's right to be a beneficiary of a joint and 22 survivor annuity, including a survivor benefit under a retirement 23 plan; 24 ( ) exercise fiduciary powers that the principal has authority to 25 delegate. 26 IF YOU HAVE APPOINTED MORE THAN ONE AGENT, 27 MARK [CHECK] ONE OF THE FOLLOWING: 28 ( ) Each agent may exercise the powers conferred separately, without 29 the consent of any other agent. 30 ( ) All agents shall exercise the powers conferred jointly, with the 31 consent of all other agents.
01 TO INDICATE WHEN THIS DOCUMENT SHALL 02 BECOME EFFECTIVE, MARK [CHECK] ONE OF THE 03 FOLLOWING: 04 ( ) This document shall become effective upon the date of my signature. 05 ( ) This document shall become effective upon the date of my 06 incapacity [DISABILITY] and shall not otherwise be affected by my 07 incapacity [DISABILITY]. 08 IF YOU HAVE INDICATED THAT THIS DOCUMENT 09 SHALL BECOME EFFECTIVE ON THE DATE OF YOUR 10 SIGNATURE, MARK [CHECK] ONE OF THE FOLLOWING: 11 ( ) This document shall not be affected by my subsequent incapacity 12 [DISABILITY]. 13 ( ) This document shall be revoked by my subsequent incapacity 14 [DISABILITY]. 15 IF YOU HAVE INDICATED THAT THIS DOCUMENT 16 SHALL BECOME EFFECTIVE UPON THE DATE OF YOUR 17 SIGNATURE AND WANT TO LIMIT THE TERM OF THIS 18 DOCUMENT, COMPLETE THE FOLLOWING: 19 This document shall only continue in effect for ________ ( ) years from 20 the date of my signature. 21 NOTICE OF REVOCATION OF THE POWERS GRANTED 22 IN THIS DOCUMENT 23 You may revoke one or more of the powers granted in this document. 24 Unless otherwise provided in this document, you may revoke a specific 25 power granted in this power of attorney by completing a special power 26 of attorney that includes the specific power in this document that you 27 want to revoke. Unless otherwise provided in this document, you may 28 revoke all the powers granted in this power of attorney by completing a 29 subsequent power of attorney. 30 NOTICE TO THIRD PARTIES 31 A third party who relies on the reasonable representations of an agent
01 [ATTORNEY-IN-FACT] as to a matter relating to a power granted by 02 a properly executed statutory form power of attorney does not incur 03 any liability to the principal or to the principal's heirs, assigns, or estate 04 as a result of permitting the agent [ATTORNEY-IN-FACT] to exercise 05 the authority granted by the power of attorney. A third party who fails 06 to honor a properly executed statutory form power of attorney may be 07 liable to the principal, the agent [ATTORNEY-IN-FACT], the 08 principal's heirs, assigns, or estate for a civil penalty, plus damages, 09 costs, and fees associated with the failure to comply with the statutory 10 form power of attorney. If the power of attorney is one which becomes 11 effective upon the incapacity [DISABILITY] of the principal, the 12 incapacity [DISABILITY] of the principal is established by an 13 affidavit, as required by law. 14 IN WITNESS WHEREOF, I have hereunto signed my name 15 this ____ day of _____________, _________. 16 _________________________________________________________ 17 Signature of Principal 18 Acknowledged before me at _________________________________ 19 ________________________ on ______________________________. 20 Signature of Officer or Notary 21 If a person other than the principal executes the signature for the 22 principal, the person may not be a person who is appointed an 23 agent in the power of attorney, and the following signature line and 24 notary verification must also be completed: 25 IN WITNESS WHEREOF, I have hereunto signed my name 26 this ____ day of _____________, _________. 27 _________________________________________________________ 28 Signature of person signing at the request of___________________ 29 Name of Principal 30 Printed name of person signing______________________________ 31 Form of identification of person signing_______________________
01 Acknowledged before me at _________________________________ 02 ____________________________ on __________________________ 03 _________________________________________________________ 04 Signature of Officer or Notary 05 * Sec. 7. AS 13.26.335 is amended to read: 06 Sec. 13.26.335. Additional optional provisions to statutory form power of 07 attorney. Each of the following provisions may be included in a statutory form power 08 of attorney: 09 (1) [REPEALED. 10 (2)] YOU MAY DESIGNATE AN ALTERNATE 11 AGENT [ATTORNEY-IN-FACT]. ANY ALTERNATE YOU 12 DESIGNATE WILL BE ABLE TO EXERCISE THE SAME 13 POWERS AS THE AGENT(S) YOU NAMED AT THE BEGINNING 14 OF THIS DOCUMENT. IF YOU WISH TO DESIGNATE AN 15 ALTERNATE OR ALTERNATES, COMPLETE THE FOLLOWING: 16 If the agent(s) named at the beginning of this document is unable or 17 unwilling to serve or continue to serve, then I appoint the following 18 agent to serve with the same powers: 19 First alternate or successor agent [ATTORNEY-IN-FACT] 20 _________________________________________________________ 21 (Name and address of alternate) 22 _________________________________________________________ 23 Second alternate or successor agent [ATTORNEY-IN-FACT] 24 _________________________________________________________ 25 (Name and address of alternate) 26 (3) YOU MAY NOMINATE A GUARDIAN OR 27 CONSERVATOR. IF YOU WISH TO NOMINATE A GUARDIAN 28 OR CONSERVATOR, COMPLETE THE FOLLOWING: 29 In the event that a court decides that it is necessary to appoint a 30 guardian or conservator for me, I hereby nominate (Name and address 31 of person nominated) to be considered by the court for appointment to
01 serve as my guardian or conservator, or in any similar representative 02 capacity. 03 * Sec. 8. AS 13.26.341 is amended to read: 04 Sec. 13.26.341. Applicability of provisions of statutory form power of 05 attorney. In the instrument set out in AS 13.26.332 - 13.26.335, 06 (1) if the principal has appointed more than one person to act as 07 [ATTORNEY-IN-FACT OR] agent and failed to mark [CHECK] whether the agents 08 may act "jointly" or "severally," the agents are required to act jointly; 09 (2) if the principal has failed to indicate when the instrument shall 10 become effective, the instrument shall become effective upon the date of the 11 principal's signature; 12 (3) if the principal has indicated that the instrument shall become 13 effective upon the date of the principal's signature or has failed to indicate when the 14 instrument shall become effective and has failed to indicate the effect of the principal's 15 subsequent incapacity [DISABILITY] on the instrument, the instrument shall be 16 revoked by the subsequent incapacity [DISABILITY] of the principal; 17 (4) if the principal has failed to indicate a specific term for the 18 instrument, the instrument shall continue in effect until revoked; 19 (5) if the principal has failed to mark either of the "Yes" or "No" 20 boxes opposite a category of power, or if the principal has marked both the 21 "Yes" and "No" boxes opposite a category of power, the agent does not have the 22 power in that category. 23 * Sec. 9. AS 13.26.344(a) is amended to read: 24 (a) In a statutory form power of attorney, the language conferring general 25 authority with respect to real estate transactions shall be construed to mean that, as to 26 an estate or interest in land of the principal, whether in the state or elsewhere, the 27 principal authorizes the agent to 28 (1) accept as a gift or as security for a loan, demand, buy, lease, 29 receive, or otherwise acquire either ownership or possession of any estate or interest in 30 land; 31 (2) sell, exchange, convey, quitclaim, release, surrender, mortgage,
01 encumber, partition or consent to the partitioning, [REVOKE, CREATE OR MODIFY 02 A TRUST,] grant options concerning, lease or sublet, or otherwise to dispose of, an 03 estate or interest in land; 04 (3) release in whole or in part, assign the whole or a part of, satisfy in 05 whole or in part, and enforce a mortgage, encumbrance, lien, or other claim to land 06 that exists, or is claimed to exist, in favor of the principal; 07 (4) do any act of management or of conservation with respect to an 08 estate or interest in land owned, or claimed to be owned, by the principal, including by 09 way of illustration, but not of restriction, power to insure against any casualty, 10 liability, or loss, obtain or regain possession or protect the estate or interest, pay, 11 compromise, or contest taxes or assessments, or apply for refunds in connection with a 12 payment, compromise, or tax, purchase supplies, hire assistance of labor, and make 13 repairs or alterations in the structures or land; 14 (5) use, develop, modify, alter, replace, remove, erect, or install 15 structures or other improvements on land in which the principal has, or claims to have, 16 an estate or interest; 17 (6) demand, receive, or obtain money or any other thing of value to 18 which the principal is, or may become, or may claim to be entitled as the proceeds of 19 an interest in land or of one or more of the transactions enumerated in this subsection; 20 conserve, invest, disburse, or use anything so received for purposes enumerated in this 21 subsection; and reimburse the agent for an expenditure properly made in the execution 22 of the powers conferred by the statutory form power of attorney; 23 (7) participate in any reorganization with respect to real property and 24 receive and hold any shares of stock or instrument of similar character received under 25 a plan of reorganization, and act with respect to a plan of reorganization, including by 26 way of illustration, but not of restriction, power to sell or otherwise to dispose of 27 shares, to exercise or to sell an option, conversion, or similar right, and to vote in 28 person by the granting of a proxy; 29 (8) agree and contract, in any manner, and with any person and on any 30 terms that the agent may select, for the accomplishment of any of the purposes 31 enumerated in this subsection, and perform, rescind, reform, release, or modify an
01 agreement or contract made by or on behalf of the principal; 02 (9) execute, acknowledge, seal, and deliver a deed, [REVOCATION, 03 DECLARATION OR MODIFICATION OF TRUST,] mortgage, lease, notice, check, 04 or other instrument that the agent considers useful for the accomplishment of any of 05 the purposes enumerated in this subsection; 06 (10) prosecute, defend, submit to arbitration, settle, and propose or 07 accept a compromise with respect to, a claim existing in favor of, or against, the 08 principal based on or involving a real estate transaction or intervene in any related 09 action; 10 (11) hire, discharge, and compensate an attorney, accountant, expert 11 witness, or assistant when the agent considers that action to be desirable for the proper 12 execution of a power described in this subsection, and for the keeping of records about 13 that action; and 14 (12) do any other act or acts that the principal can do through an agent 15 with respect to any estate or interest in land. 16 * Sec. 10. AS 13.26.344(b) is amended to read: 17 (b) In a statutory form power of attorney, the language conferring general 18 authority with respect to tangible personal property, chattels, and goods transactions 19 shall be construed to mean that, as to tangible personal property, chattels, or goods 20 owned by the principal, whether located in the state or elsewhere, the principal 21 authorizes the agent to 22 (1) accept as a gift, or as a security for a loan, reject, demand, buy, 23 receive, or otherwise acquire either ownership or possession of chattels or goods or an 24 interest in the tangible personal property, chattels, or goods; 25 (2) sell, exchange, convey, release, surrender, mortgage, encumber, 26 pledge, hypothecate, pawn, [REVOKE, CREATE, OR MODIFY A TRUST,] grant 27 options concerning, lease or sublet to others, or otherwise dispose of tangible personal 28 property, chattels, or goods or an interest in them; 29 (3) release in whole or in part, assign the whole or a part of, satisfy in 30 whole or in part, and enforce a mortgage, encumbrance, lien, or other claim that exists, 31 or is claimed to exist, in favor of the principal with respect to any tangible personal
01 property, chattels, or goods or an interest in them; 02 (4) do any act of management or of conservation with respect to any 03 tangible personal property, chattels, or goods or to an interest in any tangible personal 04 property, chattels, or goods owned, or claimed to be owned, by the principal, including 05 by way of illustration, but not of restriction, power to insure against any casualty, 06 liability, or loss, obtain or regain possession, or protect the tangible personal property, 07 chattels, or goods or an interest in them, pay, compromise, or contest taxes or 08 assessments, apply for refunds in connection with a payment, compromise, or tax, 09 move from place to place, store for hire or on a gratuitous bailment, use, alter, and 10 make repairs or alterations of any tangible personal property, chattels, or goods, or an 11 interest in them; 12 (5) demand, receive, and obtain money or any other thing of value to 13 which the principal is, or may become, or may claim to be, entitled as the proceeds of 14 any tangible personal property, chattels, or goods or of an interest in them, or of one or 15 more of the transactions enumerated in this subsection, conserve, invest, disburse, or 16 use anything so received for purposes enumerated in this subsection, and reimburse 17 the agent for any expenditures properly made in the execution of the powers conferred 18 by the power of attorney; 19 (6) agree and contract, in any manner, and with any person and on any 20 terms that the agent may select, for the accomplishment of the purposes enumerated in 21 this subsection, and perform, rescind, reform, release, or modify any agreement or 22 contract or any other similar agreement or contract made by or on behalf of the 23 principal; 24 (7) execute, acknowledge, seal, and deliver a conveyance, 25 [REVOCATION, DECLARATION OR MODIFICATION OF TRUST,] mortgage, 26 lease, notice, check or other instrument that the agent considers useful for the 27 accomplishment of the purposes enumerated in this subsection; 28 (8) prosecute, defend, submit to arbitration, settle, and propose or 29 accept a compromise with respect to, a claim existing in favor of, or against, the 30 principal based on or involving a transaction involving tangible personal property, 31 chattels, or goods, or intervene in an action or proceeding;
01 (9) hire, discharge, and compensate an attorney, accountant, expert 02 witness, or assistant when the agent considers the action to be desirable to the proper 03 execution of a power described in this subsection, and for the keeping of records about 04 that action; 05 (10) do any other act or acts that the principal can do through an agent 06 with respect to any chattels or goods or interest in any tangible personal property, 07 chattels, or goods. 08 * Sec. 11. AS 13.26.344(c) is amended to read: 09 (c) In a statutory form power of attorney, the language conferring general 10 authority with respect to bonds, shares, and commodities transactions shall be 11 construed to mean that, with respect to a bond, share, or commodity of the principal, 12 whether in the state or elsewhere, the principal authorizes the agent to 13 (1) accept as a gift, or as a security for a loan, reject, demand, buy, 14 receive, or otherwise acquire either ownership or possession of, a bond, share, or 15 instrument of similar character including, by way of illustration, but not of restriction, 16 stock in a corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native Claims 17 Settlement Act), commodity interest, or an instrument with respect to a bond, share, or 18 instruments of similar character, together with the interest, dividends, proceeds, or 19 other distributions connected with a bond, share, or instrument of a similar character; 20 (2) sell, exchange, transfer, release, surrender, hypothecate, pledge, 21 [REVOKE, CREATE, OR MODIFY A TRUST,] grant options concerning, loan, trade 22 in, or otherwise dispose of a bond, share, instrument of similar character, commodity 23 interest, or a related instrument; 24 (3) release, assign the whole or part of, satisfy in whole or in part, and 25 enforce a pledge, encumbrance, lien, or other claim as to a bond, share, instrument of 26 similar character, commodity interest, or a related interest, when the pledge, 27 encumbrance, lien, or other claim is owned, or claimed to be owned, by the principal; 28 (4) do any act of management or of conservation with respect to a 29 bond, share, instrument of similar character, commodity interest, or a related 30 instrument, owned or claimed to be owned by the principal or in which the principal 31 has or claims to have an interest, including by way of illustration, but not of
01 restriction, power to insure against a casualty, liability, or loss, obtain or regain 02 possession or protect the principal's interest, pay, compromise, or contest taxes or 03 assessments, apply for a refund in connection with a payment, compromise, or tax, 04 consent to and participate in a reorganization, recapitalization, liquidation, merger, 05 consolidation, sale or lease or other change in or revival of a corporation or other 06 association, or in the financial structure of a corporation or other association, or in the 07 priorities, voting rights, or other special rights with respect to a corporation or 08 association, become a depositor with a protective, reorganization or similar committee 09 of the bond, share, other instrument of similar character, commodity interest or a 10 related instrument, belonging to the principal, make a payment reasonably incident to 11 them, and exercise or sell an option, conversion, or similar right, or vote in person or 12 by the granting of a proxy for the accomplishment of the purposes enumerated in this 13 subsection; 14 (5) carry in the name of a nominee selected by the agent evidence of 15 the ownership of a bond, share, other instrument of similar character, commodity 16 interest, or related instrument belonging to the principal; 17 (6) employ, in any way believed to be desirable by the agent, a bond, 18 share, other instrument of similar character, commodity interest, or a related 19 instrument, in which the principal has or claims to have an interest, for the protection 20 or continued operation of a speculative or margin transaction personally begun or 21 personally guaranteed, in whole or in part, by the principal; 22 (7) demand, receive, or obtain money or any other thing of value to 23 which the principal is, or may claim to be, entitled as the proceeds of an interest in a 24 bond, share, other instrument of similar character, commodity interest or a related 25 instrument, or of one or more of the transactions enumerated in this subsection, 26 conserve, invest, disburse, or use anything so received for purposes enumerated in this 27 subsection; and reimburse the agent for an expenditure properly made in the execution 28 of the powers conferred by the statutory form power of attorney; 29 (8) agree and contract, in any manner, and with a broker or other 30 person, and on terms that the agent may select, for the accomplishment of the purposes 31 enumerated in this subsection, and perform, rescind, reform, release, or modify the
01 agreement or contract or other similar agreement made by or on behalf of the 02 principal; 03 (9) execute, acknowledge, seal, and deliver a consent, agreement, 04 authorization, assignment, [REVOCATION, DECLARATION OR MODIFICATION 05 OF TRUST,] notice, waiver of notice, check, or other instrument that the agent 06 considers useful for the accomplishment of the purposes enumerated in this 07 subsection; 08 (10) execute, acknowledge and file a report or certificate required by 09 law or regulation; 10 (11) prosecute, defend, submit to arbitration, settle, and propose or 11 accept a compromise with respect to, a claim existing in favor of, or against, the 12 principal based on or involving a bond, share, or commodity transactions, or intervene 13 in a related action or proceeding; 14 (12) hire, discharge, and compensate an attorney, accountant, expert 15 witness, or assistant when the agent considers that action to be desirable for the proper 16 execution of the powers described in this subsection, and for the keeping of records 17 about that action; and 18 (13) do any other act or acts that the principal can do through an agent, 19 with respect to an interest in a bond, share, or other instrument of similar character, 20 commodity, or instrument with respect to a commodity. 21 * Sec. 12. AS 13.26.344(d) is amended to read: 22 (d) In a statutory form power of attorney, the language conferring general 23 authority with respect to banking transactions shall be construed to mean that, as to a 24 banking transaction engaged in by the principal, whether in the state or elsewhere, the 25 principal authorizes the agent to 26 (1) continue, modify, or terminate a deposit account or other banking 27 arrangement made by or on the behalf of the principal before the execution of the 28 power of attorney; 29 (2) open, either in the name of the agent alone or in the name of the 30 principal alone, or in both their names jointly, a deposit account of any type in a 31 financial institution selected by the agent, hire a safe deposit box or vault space, and
01 enter into contracts for the procuring of other services made available by the 02 institution that the agent considers desirable; 03 (3) make, sign, and deliver checks or drafts for any purpose, and 04 withdraw funds or property of the principal deposited with or left in the custody of a 05 financial institution, wherever located, either before or after the execution of the 06 power of attorney; 07 (4) prepare financial statements concerning the assets and liabilities or 08 income and expenses of the principal, and deliver the statements to a financial 09 institution or person whom the agent believes to be reasonably entitled to them; 10 (5) receive statements, vouchers, notices, or other documents from a 11 financial institution and act with respect to them; 12 (6) have free access to a safe deposit box or vault to which the principal 13 would have access if personally present; 14 (7) borrow money as the agent may determine, give security out of the 15 assets of the principal as the agent considers necessary for the borrowing, and pay, 16 renew, or extend the time of payment of a financial institution by any other procedure 17 made available by the institution; 18 (8) make, assign, endorse, discount, guarantee, use, and negotiate 19 promissory notes, bills of exchange, checks, drafts, credit and debit cards, electronic 20 transaction authorizations, or other negotiable or nonnegotiable paper of the 21 principal, or payable to the principal or to the principal's order, receive the cash or 22 other proceeds of them; and accept any bill of exchange or draft drawn by any person 23 upon the principal, and pay it when due; 24 (9) receive for the principal and deal in and with a negotiable or 25 nonnegotiable instrument in which the principal has or claims to have an interest; 26 (10) apply for and receive letters of credit or traveler's checks from a 27 banker or banking institution selected by the agent, giving indemnity or other 28 agreements in connection with the applications or receipts that the agent considers 29 desirable or necessary; 30 (11) consent to an extension in the time of payment with respect to 31 commercial paper or a banking transaction in which the principal has an interest or by
01 which the principal is, or might be, affected in any way; 02 (12) pay, compromise, or contest taxes or assessments and apply for 03 refunds in connection with the payment, compromise, or contest; 04 (13) demand, receive, or obtain money or any other thing of value to 05 which the principal is, or may become, or may claim to be entitled as the proceeds of 06 any banking transaction conducted by the principal or by the agent in the execution of 07 the powers described in this subsection, or partly by the principal and partly by the 08 agent; conserve, invest, disburse, or use anything received for purposes enumerated in 09 this subsection, and reimburse the agent for an expenditure properly made in the 10 execution of the powers conferred by the statutory form power of attorney; 11 (14) execute, acknowledge, seal, and deliver an instrument, in the name 12 of the principal or otherwise, that the agent considers useful for the accomplishment of 13 a purpose enumerated in this subsection; 14 (15) 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 banking transaction, or intervene in an action or 17 proceeding relating to a banking transaction; 18 (16) hire, discharge, and compensate an attorney, accountant, expert 19 witness, or assistant when the agent considers that the action is desirable for the proper 20 execution of the powers described in this subsection, and for the keeping of records 21 about that action; and 22 (17) do any other act or acts that the principal can do through an agent 23 in connection with a banking transaction that does or might in any way affect the 24 financial or other interests of the principal. 25 * Sec. 13. AS 13.26.344(e) is amended to read: 26 (e) In a statutory form power of attorney, the language conferring general 27 authority with respect to business operating transactions shall be construed to mean 28 that, with respect to a business in which the principal has an interest, whether in the 29 state or elsewhere, the principal authorizes the agent 30 (1) to the extent that an agent is permitted by law to act for a principal, 31 to discharge and perform any duty or liability and exercise any right, power, privilege,
01 or option that the principal has, or claims to have, under a contract of partnership, 02 whether as a general or special partner, enforce the terms of the partnership agreement 03 for the protection of the principal that the agent considers desirable or necessary, and 04 defend, submit to arbitration, settle, or compromise an action to which the principal is 05 a party because of membership in a partnership; 06 (2) to exercise in person or by proxy or enforce a right, power, 07 privilege, or option that the principal has as the holder of a bond, share, or other 08 instrument of similar character, and defend, submit to arbitration, settle, or 09 compromise an action to which the principal is a party because of a bond, share, or 10 other instrument of similar character; 11 (3) with respect to a business enterprise that is owned solely by the 12 principal, to 13 (A) continue, modify, renegotiate, extend and terminate a 14 contractual arrangement made with a person, firm, association, or corporation 15 by or on behalf of the principal; 16 (B) determine the policy of the enterprise as to the location of 17 the site or sites to be used for its operation, the nature and extent of the 18 business to be undertaken by it, the methods of manufacturing, selling, 19 merchandising, financing, accounting, and advertising to be employed in its 20 operation, the amount and types of insurance to be carried, the mode of 21 securing compensation and dealing with accountants, attorneys, and employees 22 required for its operation, agree and contract, in any manner, and with any 23 person and on any terms, that the agent considers desirable or necessary to 24 carry out any or all of the decisions of the agent as to policy, and perform, 25 rescind, reform, release, or modify an agreement or contract or any other 26 similar agreement or contract made by or on behalf of the principal; 27 (C) change the name or form of organization under which the 28 business is operated and enter into a partnership agreement with others or 29 organize a corporation to take over the operation of the business, or any part of 30 it, that the agent considers desirable or necessary; 31 (D) demand and receive all money that is or may become due to
01 the principal, or that may be claimed by the principal or on the principal's 02 behalf, in the operation of the enterprise, and control and disburse the funds in 03 the operation of the enterprise in any way that the agent considers desirable or 04 necessary, and engage in banking transactions that the agent considers 05 desirable or necessary to carry out the execution of the powers of the agent 06 described in this subparagraph; 07 (4) to prepare, sign, file, and deliver all reports, compilations of 08 information, returns, and other papers with respect to a business operating transaction 09 of the principal that is required by a government agency or that the agent considers 10 desirable or necessary for any purpose, and make any payments with respect to the 11 agency; 12 (5) to pay, compromise, or contest taxes or assessments and do any act 13 or acts that the agent considers desirable or necessary to protect the principal from 14 illegal or unnecessary taxation, fines, penalties, or assessments in connection with the 15 business operations; 16 (6) to demand, receive, or obtain money or any other thing of value to 17 which the principal is or may claim to be entitled as the proceeds of a business 18 operation of the principal, conserve, invest, disburse, and use anything so received for 19 purposes enumerated in this subsection, and reimburse the agent for expenditures 20 properly made in the execution of the powers conferred by the statutory form power of 21 attorney; 22 (7) to execute, acknowledge, seal, and deliver a deed, assignment, 23 mortgage, lease, notice, consent, agreement, authorization check, or other instrument 24 that the agent considers useful for the accomplishment of any of the purposes 25 enumerated in this subsection; 26 (8) to 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 business operating transaction or intervene in a 29 related action; 30 (9) to hire, discharge, and compensate an attorney, accountant, expert 31 witness, or assistant when the agent reasonably believes that the action is desirable for
01 the proper execution of the powers described in this subsection, and for the keeping of 02 records about that action; 03 (10) to operate, buy, sell, enlarge, reduce, or terminate an 04 ownership interest; 05 (11) to put additional capital into an entity or business in which the 06 principal has an interest; 07 (12) to join in a plan of reorganization, consolidation, conversion, 08 domestication, or merger of the entity or business; 09 (13) to sell or liquidate all or part of an entity or business; and 10 (14) to establish the value of an entity or business under a buy-out 11 agreement to which the principal is a party; and 12 (15) to [AND (10)] do any other act or acts that the principal can do 13 through an agent in connection with a business operated by the principal that the agent 14 considers desirable or necessary for the furtherance or protection of the interests of the 15 principal. 16 * Sec. 14. AS 13.26.344(f) is amended to read: 17 (f) In a statutory form power of attorney, the language conferring general 18 authority with respect to insurance transactions shall be construed to mean that, as to a 19 contract of insurance in which the principal has an interest, whether in the state or 20 elsewhere, the principal authorizes the agent to 21 (1) continue, pay the premium or assessment on, modify, rescind, 22 release, or terminate any contract of life, accident, health, disability, or liability 23 insurance, or any combination of insurance, procured by or on behalf of the principal 24 before the creation of the agency that insures either the principal or any other person 25 without regard to whether the principal is or is not a beneficiary under the insurance 26 coverage; 27 (2) procure new, different, or additional contracts on the life of the 28 principal or protecting the principal with respect to ill health, disability, accident, or 29 liability of any sort, select the amount, the type of insurance contract, and the mode of 30 payment under each policy, pay the premium or assessment on, modify, rescind, 31 release, or terminate a contract so procured by the agent; and designate the beneficiary
01 of the contract of insurance, except that the agent cannot be the beneficiary unless the 02 agent is spouse, child, grandchild, parent, brother, or sister of the principal; 03 (3) apply for and receive a loan on the security of the contract of 04 insurance, whether for the payment of a premium or for the procuring of cash; 05 surrender and receive the cash surrender value; exercise an election as to beneficiary 06 or mode of payment, change the manner of paying premiums, change or convert the 07 type of insurance contract with respect to any insurance that the principal has, or 08 claims to have, as to any power described in this subsection; and change the 09 beneficiary of a contract of insurance, except that the agent cannot be the new 10 beneficiary unless the agent is spouse, child, grandchild, parent, brother, or sister of 11 the principal; 12 (4) demand, receive, or obtain money or any other thing of value to 13 which the principal is, or may become, or may claim to be entitled as the proceeds of a 14 contract of insurance or of one or more of the transactions enumerated in this 15 subsection; conserve, invest, disburse, or use anything received for purposes 16 enumerated in this subsection and reimburse the agent for expenditures properly made 17 in the execution of the powers conferred by the statutory form power of attorney; 18 (5) apply for and procure available government aid in the guaranteeing 19 or paying of premiums of a contract of insurance on the life of the principal; 20 (6) sell, assign, hypothecate, borrow upon, or pledge the interest of the 21 principal in any contract of insurance; 22 (7) pay, from the proceeds of an insurance contract or otherwise, 23 compromise, or contest, and apply for refunds in connection with, a tax or assessment 24 levied by a taxing authority with respect to a contract of insurance or the proceeds of 25 or liability accruing by reason of a tax or assessment; 26 (8) agree and contract, in any manner and with any person and on any 27 terms that the agent may select, for the accomplishment of the purposes enumerated in 28 this subsection, and perform, rescind, reform, release, or modify any agreement or 29 contract; 30 (9) execute, acknowledge, seal, and deliver any consent, demand, 31 request, application, agreement, indemnity, authorization, assignment, pledge, notice,
01 check, receipt, waiver, or other instrument that the agent considers useful for the 02 accomplishment of a purpose enumerated in this subsection; 03 (10) continue, procure, pay the premium or assessment on, modify, 04 rescind, release, terminate, or otherwise deal with any contract of insurance, other than 05 those enumerated in (1) and (2) of this subsection, or any combination of insurance; 06 and do any act with respect to the contract or with respect to its proceeds or 07 enforcement that the agent considers desirable or necessary for the promotion or 08 protection of the interests of the principal; 09 (11) 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 an insurance transaction, or intervene in an action 12 relating to an insurance transaction; 13 (12) hire, discharge, and compensate an attorney, accountant, expert 14 witness, or assistant when the agent considers the action to be desirable for the proper 15 execution of a power described in this subsection, and for the keeping of records about 16 that action; [AND] 17 (13) exercise investment powers available under a contract of 18 insurance or annuity; and 19 (14) do any other act or acts that the principal can do through an agent 20 in connection with procuring, supervising, managing, modifying, enforcing, and 21 terminating contracts of insurance in which the principal is the insured or has an 22 interest. 23 * Sec. 15. AS 13.26.344(h) is repealed and reenacted to read: 24 (h) In a statutory form power of attorney, the language conferring authority 25 with respect to retirement plans shall be construed to mean that the principal 26 authorizes the agent to 27 (1) select the form and timing of payments under a retirement plan and 28 withdraw benefits from a plan; 29 (2) make a rollover, including a direct trustee-to-trustee rollover, of 30 benefits from one retirement plan to another; 31 (3) establish a retirement plan in the principal's name;
01 (4) make contributions to a retirement plan; 02 (5) exercise investment powers available under a retirement plan; and 03 (6) borrow from, sell assets to, or purchase assets from a retirement 04 plan. 05 * Sec. 16. AS 13.26.344(j) is amended to read: 06 (j) In a statutory form power of attorney, the language conferring general 07 authority with respect to personal relationships is neither dependent on, nor limited 08 by, authority that an agent may or may not have with respect to gifts under 09 AS 13.26.326 - 13.26.359, and shall be construed to mean that, as to real and personal 10 property owned by the principal, whether in the state or elsewhere, the principal 11 authorizes the agent to 12 (1) do all acts necessary to maintain the customary standard of living of 13 the spouse, children, [AND] other dependents of the principal, whether living when 14 the power of attorney is executed or later born, and individuals whom the 15 principal has customarily supported or indicated the intent to support, including 16 by way of illustration and not by way of restriction, power to provide living quarters 17 by purchase, by lease, or by other contract, or by any payment of the operating costs, 18 including interest, amortization payments, repairs, and taxes, of premises owned by 19 the principal and occupied by the principal's family or dependents, to provide normal 20 domestic help for the operation of the household, to provide usual vacations and usual 21 travel expenses, to provide usual educational facilities, [AND] to provide funds for all 22 the current living costs of the spouse, children, and other dependents, including, 23 among other things, shelter, clothing, food, and incidentals, and to make periodic 24 payments of child support and other family maintenance required by a court or 25 governmental agency or an agreement to which the principal is a party; 26 (2) provide, whenever necessary, medical, dental, and surgical care, 27 hospitalization, and custodial care for the spouse, children, and other dependents of the 28 principal; 29 (3) continue whatever provision has been made by the principal for the 30 principal's spouse, children, and other dependents, with respect to automobiles, or 31 other means of transportation, including by way of illustration, but not by way of
01 restriction, power to license, insure, and replace automobiles owned by the principal 02 and customarily used by the spouse, children, or other dependents of the principal; 03 (4) continue whatever charge accounts have been opened for the 04 convenience of the principal's spouse, children, or other dependents, open any new 05 accounts that the agent considers desirable to accomplish the purposes enumerated in 06 this subsection, and pay the items charged on these accounts by a person authorized or 07 permitted by the principal to make the charges; 08 (5) continue the discharge of any services or duties assumed by the 09 principal to a parent, relative, or friend of the principal; 10 (6) supervise, enforce, defend, or settle any claim by or against the 11 principal arising out of property damages or personal injuries suffered by or caused by 12 the principal, or under any circumstance that the resulting loss will or may fall on the 13 principal; 14 (7) continue payments incidental to the membership or affiliation of the 15 principal in a church, club, society, order, or other organization, or continue 16 contributions to the organization; 17 (8) demand, receive, or obtain money or any other thing of value to 18 which the principal is or may become or may claim to be entitled as remuneration for 19 services performed, or as a stock dividend or distribution, or as interest or principal 20 upon indebtedness, or as a periodic distribution of profits from any partnership or 21 business in which the principal has or claims an interest, and endorse, collect, or 22 otherwise realize upon an instrument for the payment received; 23 (9) prepare, execute, and file all tax, social security, unemployment 24 insurance, and information returns required by the laws of the United States or of any 25 state or subdivision, or of any foreign government; prepare, execute, and file all other 26 papers and instruments that the agent considers desirable or necessary for the 27 safeguarding of the principal against excess or illegal taxation or against penalties 28 imposed for claimed violation of a law or regulation; and pay, compromise, or contest 29 or apply for refunds in connection with a tax or assessment for which the principal is 30 or may be liable; 31 (10) use an asset of the principal to perform a power enumerated in this
01 subsection, including by way of illustration and not by way of restriction, power to 02 draw money by check or otherwise from a bank deposit of the principal, to sell land or 03 a chattel, bond, share, commodity interest, or other asset of the principal, to borrow 04 money, and to pledge as security for the loan any asset, including insurance, that 05 belongs to the principal; 06 (11) execute, acknowledge, verify, seal, file, and deliver an application, 07 consent, petition, notice, release, waiver, agreement, or other instrument that the agent 08 considers useful to accomplish a purpose enumerated in this subsection; 09 (12) 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 transaction enumerated in this subsection, or 12 intervene in any action or proceeding related to a transaction; 13 (13) hire, discharge, and compensate an attorney, accountant, expert 14 witness, or assistant when the agent considers the action to be desirable for the proper 15 execution of any of the powers described in this subsection, and for the keeping of 16 records, about that action; [AND] 17 (14) do any other act or acts that the principal can do through an agent, 18 for the welfare of the spouse, children, or dependents of the principal or for the 19 preservation and maintenance of the other personal relationships of the principal to a 20 parent, relative, friend, or organization; and 21 (15) act as the principal's personal representative under 42 U.S.C. 22 1320d (Health Insurance Portability and Accountability Act and secs. 1171 - 23 1179, Social Security Act), as amended, and applicable regulations, in making 24 decisions related to the past, present, or future payment for the provision of 25 health care consented to by the principal or anyone authorized under the law of 26 this state to consent to health care on behalf of the principal. 27 * Sec. 17. AS 13.26.344(k) is amended to read: 28 (k) In a statutory form power of attorney, the language conferring general 29 authority with respect to benefits from government programs or civil or [AND] 30 military service shall be construed to mean that, whether the benefits from the 31 government programs or civil or military service have accrued to the principal in the
01 state or elsewhere, the principal authorizes the agent to 02 (1) prepare and execute vouchers, applications, requests, forms, and 03 other legal documents in the name of the principal for all benefits, bonuses, dividends, 04 allowances, and reimbursements payable under any government program or military 05 service of the United States, a state, or a subdivision, including allowances and 06 reimbursements for transportation of the individuals described in (j)(1) of this 07 section, and for shipment of their household effects, and receive, endorse, and 08 collect the proceeds of a check payable to the order of the principal drawn on the 09 treasurer or other fiscal officer or depositary of the United States, a state, or a 10 subdivision; 11 (2) take possession and order the removal and shipment of property of 12 the principal from any post, warehouse, depot, dock, or other place or storage or 13 safekeeping and execute and deliver any release, voucher, receipt, bill of lading, 14 shipping ticket, certificate, or other instrument that the agent considers desirable or 15 necessary for that purpose; 16 (3) prepare, file, and prosecute the claim of the principal to any benefit 17 or assistance to which the principal is, or claims to be, entitled under the provisions of 18 a statute or regulation of the United States, a state, or a subdivision; 19 (4) receive the financial proceeds of a claim of the type described in 20 this subsection; conserve, invest, disburse or use anything received for purposes 21 enumerated in this subsection; and reimburse the agent for expenditures properly made 22 in the execution of the powers conferred by the statutory form power of attorney; 23 (5) 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 benefit from a government program or military 26 service, or intervene in an action relating to a claim; 27 (6) hire, discharge, or compensate an attorney, accountant, expert 28 witness, or assistant when the agent considers that action to be desirable for the proper 29 execution of any of the powers described in this subsection; [AND] 30 (7) enroll in, apply for, select, reject, change, amend, or 31 discontinue, on the principal's behalf, a benefit or program; and
01 (8) do any other act or acts that the principal can do through an agent, 02 and that [WHICH] the agent considers desirable or necessary to assure to the principal 03 and to the dependents of the principal [,] the maximum possible benefit from the 04 government programs or civil or military service of the United States, a state, or a 05 subdivision. 06 * Sec. 18. AS 13.26.344 is amended by adding a new subsection to read: 07 (q) In a statutory form power of attorney, unless the power of attorney 08 otherwise provides, the language conferring specific authority with respect to gift 09 transactions shall be construed to mean that the principal authorizes the agent only 10 (1) to make a gift of the principal's property only as the agent 11 determines is consistent with the principal's objectives if actually known by the agent 12 and, if unknown, as the agent determines is consistent with the principal's best interest 13 based on all relevant factors, including 14 (A) the value and nature of the principal's property; 15 (B) the principal's foreseeable obligations and need for 16 maintenance; 17 (C) minimization of taxes, including income, estate, inheritance, 18 generation-skipping transfer, and gift taxes; 19 (D) eligibility for a benefit, a program, or assistance under a 20 statute or regulation; and 21 (E) the principal's personal history of making or joining in 22 making gifts; 23 (2) subject to (1) of this subsection, to make outright to, or for the 24 benefit of, a person, a gift of any of the principal's property, including by the exercise 25 of a presently exercisable general power of appointment held by the principal, in an 26 amount for each donee not to exceed the annual dollar limits of the federal gift tax 27 exclusion under 26 U.S.C. 2503(b) (Internal Revenue Code), as amended, without 28 regard to whether the federal gift tax exclusion applies to the gift, or if the principal's 29 spouse agrees to consent to a split gift under 26 U.S.C. 2513 (Internal Revenue Code), 30 as amended, in an amount for each donee not to exceed twice the annual federal gift 31 tax exclusion limit; in this paragraph, "presently exercisable general power of
01 appointment," with respect to property or a property interest subject to a power of 02 appointment, means power exercisable at the time in question to vest absolute 03 ownership in the principal individually, the principal's estate, the principal's creditors, 04 or the creditors of the principal's estate; the term includes a power of appointment not 05 exercisable until the occurrence of a specified event, the satisfaction of an 06 ascertainable standard, or the passage of a specified period only after the occurrence of 07 the specified event, the satisfaction of the ascertainable standard, or the passage of the 08 specified period; the term does not include a power exercisable in a fiduciary capacity 09 or only by will; and 10 (3) subject to (1) of this subsection, to consent, under 26 U.S.C. 2513 11 (Internal Revenue Code), as amended, to the splitting of a gift made by the principal's 12 spouse in an amount for each donee not to exceed the aggregate annual gift tax 13 exclusions for both spouses. 14 * Sec. 19. AS 13.26.347 is amended to read: 15 Sec. 13.26.347. Validity of modified statutory form power of attorney. A 16 power of attorney that satisfies the requirements of AS 13.26.332 - 13.26.344 is not 17 prevented from being a statutory form power of attorney by the fact that it also 18 contains additional language that 19 (1) eliminates from the power of attorney one or more of the powers 20 enumerated in one or more of the subsections of AS 13.26.344 with respect to a 21 section of the statutory form power of attorney that is not eliminated by the principal; 22 (2) supplements one or more of the powers enumerated in one or more 23 of the subsections of AS 13.26.344 with respect to a section of the statutory form 24 power of attorney that is not eliminated by the principal by specifically listing 25 additional powers of the agent; [OR] 26 (3) makes an additional provision that is not substantially inconsistent 27 with the other provisions of the statutory form power of attorney; or 28 (4) relieves an agent of liability for breach of a duty under 29 AS 13.26.327, except to the extent the provision 30 (A) relieves the agent of liability for breach of duty 31 committed dishonestly, with an improper motive, or with reckless
01 indifference to the purposes of the power of attorney or the best interest of 02 the principal; or 03 (B) was inserted as a result of an abuse of a confidential or 04 fiduciary relationship with the principal. 05 * Sec. 20. AS 13.26.350 is amended to read: 06 Sec. 13.26.350. When statutory form power of attorney is not affected by 07 incapacity [DISABILITY OR INCOMPETENCE] of principal. (a) The 08 subsequent incapacity [DISABILITY OR INCOMPETENCE] of a principal does not 09 revoke or terminate the authority of an agent [ATTORNEY-IN-FACT] who acts 10 under a power of attorney in a writing executed by a principal if the writing contains 11 the words "This power of attorney shall become effective upon the incapacity 12 [DISABILITY] of the principal," or contains the words "This power of attorney shall 13 not be affected by the subsequent incapacity [DISABILITY] of the principal," or 14 words substantially similar showing the intent of the principal that the authority 15 conferred shall be exercisable notwithstanding the principal's subsequent incapacity 16 [DISABILITY, INCOMPETENCE,] or uncertainty as to whether the principal is dead 17 or alive. 18 (b) An act done by an agent [ATTORNEY-IN-FACT] under a power granted 19 in a power of attorney under AS 13.26.332 - 13.26.344 during a period of incapacity 20 [DISABILITY, INCOMPETENCE,] or uncertainty as to whether the principal is dead 21 or alive has the same effect and enures to the benefit of and binds a principal and the 22 principal's distributees, devisees, legatees, and personal representatives as if there 23 were no incapacity of the principal [WERE COMPETENT AND NOT DISABLED]. 24 If a conservator is later appointed for the principal, during the continuance of the 25 appointment, the agent is accountable to the conservator as well as to the principal 26 [THE ATTORNEY-IN-FACT SHALL ACCOUNT TO THE CONSERVATOR 27 RATHER THAN TO THE PRINCIPAL]. The conservator has the same power to 28 revoke, suspend, or terminate the power of attorney that the principal would have 29 if there was no incapacity of the principal [WERE NOT DISABLED OR 30 INCOMPETENT TO REVOKE, SUSPEND, OR TERMINATE THE POWER OF 31 ATTORNEY].
01 * Sec. 21. AS 13.26.353(a) is repealed and reenacted to read: 02 (a) For purposes of AS 13.26.332 - 13.26.344, 03 (1) the incapacity of a principal shall be established by affidavit stating 04 that the principal is unable to manage property or business affairs because the 05 principal 06 (A) has an impairment in the ability to receive and evaluate 07 information or make or communicate decisions even with the use of 08 technological assistance, and this impairment is the result of mental illness, 09 mental deficiency, physical illness, physical disability, advanced age, use of 10 drugs, chronic intoxication, or other similar medical or psychological reason, 11 to such an extent that the principal is unable to manage the principal's property 12 or affairs; or 13 (B) is 14 (i) missing; 15 (ii) detained, including incarcerated in a penal system; or 16 (iii) outside the United States and unable to return; and 17 (2) if the incapacity is based on (1)(A) of this subsection, two 18 physicians or similarly qualified medical professionals who have personally examined 19 the principal shall sign the affidavit; however, the affidavit may be signed by only one 20 physician or similarly qualified medical professional if only one physician or similarly 21 qualified medical professional is available and the affidavit executed by the person 22 states that only one physician or similarly qualified medical professional is available. 23 * Sec. 22. AS 13.26.353(b) is amended to read: 24 (b) A third party who relies on the reasonable representations of an agent 25 [ATTORNEY-IN-FACT] designated under AS 13.26.332 - 13.26.347 [AS 13.26.332 - 26 13.26.344] as to a matter relating to a power granted by a properly executed statutory 27 form power of attorney does not incur a liability to the principal or the principal's 28 heirs, assigns, or estate as a result of permitting the agent [ATTORNEY-IN-FACT] to 29 exercise the authority granted by the power of attorney. 30 * Sec. 23. AS 13.26 is amended by adding new sections to read: 31 Sec. 13.26.354. Judicial relief. (a) The following persons may petition a court
01 in accordance with the provisions of AS 13.26.165 - 13.26.324 to construe a power of 02 attorney, review the agent's conduct, and grant appropriate relief: 03 (1) the principal or the agent; 04 (2) the principal's attorney or other legal representative; 05 (3) a guardian, conservator, or other fiduciary acting for the principal; 06 (4) a person authorized to make health care decisions for the principal; 07 (5) the principal's spouse, parent, or descendant; 08 (6) an individual who would qualify as a presumptive heir of the 09 principal; 10 (7) a person named as a beneficiary to receive any property, benefit, or 11 contractual right on the principal's death or as a beneficiary of a trust created by or for 12 the principal that has a financial interest in the principal's estate; 13 (8) the Department of Health and Social Services, the Department of 14 Administration, the office of the long-term care ombudsman, or other governmental 15 agency having statutory authority to protect the welfare of the principal; 16 (9) the principal's caregiver, custodian, or another person that 17 demonstrates sufficient interest in the principal's welfare; and 18 (10) a person asked to accept the power of attorney. 19 (b) Upon motion by the principal, the court shall dismiss a petition filed under 20 this section, unless the court finds that the principal lacks capacity to revoke the 21 agent's authority or the power of attorney. 22 Sec. 13.26.355. Relationship to other laws. (a) Except as provided in (c) of 23 this section, AS 13.26.326 - 13.26.359 do not supersede any other law applicable to a 24 financial institution or other entity, and the other law controls if inconsistent with 25 AS 13.26.326 - 13.26.359. 26 (b) The remedies in AS 13.26.326 - 13.26.359 are not exclusive and do not 27 abrogate any right or remedy under the law of this state. 28 (c) AS 13.26.326 - 13.26.359 modify, limit, or supersede 15 U.S.C. 7001 - 29 7031 (Electronic Signatures in Global and National Commerce Act), but do not 30 modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any 31 of the notices described in 15 U.S.C. 7003(b).
01 * Sec. 24. AS 13.26.356 is amended to read: 02 Sec. 13.26.356. Powers of attorney not revoked until notice of death or 03 incapacity [DISABILITY]. (a) The death [, DISABILITY] or incapacity 04 [INCOMPETENCE] of a principal who has executed a power of attorney in writing 05 does not revoke or terminate the agency as to the [ATTORNEY-IN-FACT,] agent [,] 06 or other person who, without actual knowledge of the death [, DISABILITY,] or 07 incapacity [INCOMPETENCE] of the principal, acts in good faith under the power of 08 attorney [OR AGENCY]. Action so taken, unless otherwise invalid or unenforceable, 09 binds the principal and the heirs, devisees, and personal representatives of the 10 principal. 11 (b) An affidavit executed by the [ATTORNEY-IN-FACT OR] agent stating 12 that the [ATTORNEY-IN-FACT OR] agent did not have, at the time of doing an act 13 under the power of attorney, actual knowledge of the revocation or termination of the 14 power of attorney by death [, DISABILITY] or incapacity [INCOMPETENCE], is, in 15 the absence of fraud, conclusive proof of the nonrevocation or nontermination of the 16 power of attorney at that time. If the exercise of the power of attorney requires 17 execution and delivery of an instrument that is recordable, the affidavit when 18 authenticated for record is likewise recordable. 19 (c) A special power of attorney created before September 4, 1988, shall be 20 construed to grant the agent [ATTORNEY-IN-FACT] the powers set out in that 21 special power of attorney. 22 * Sec. 25. AS 13.26 is amended by adding a new section to read: 23 Sec. 13.26.357. Execution of power of attorney. (a) A power of attorney 24 executed in this state is valid if the principal 25 (1) signs the power of attorney or, if the principal is physically unable 26 to sign the power of attorney, directs, in the principal's conscious presence, another 27 individual to sign the principal's name on the power of attorney; and 28 (2) acknowledges the signature before a notary public or other 29 individual authorized by law to take acknowledgments. 30 (b) Notwithstanding AS 44.50.062(5)(A), a notary public may consider that 31 the principal has signed a power of attorney if the principal is physically unable to sign
01 the power of attorney, and, in the presence of the notary public, directs another 02 individual to sign under (a)(1) of this section. 03 * Sec. 26. AS 13.26.358(a) is amended to read: 04 (a) A public home care provider may not accept a designation as 05 [ATTORNEY-IN-FACT OR] agent by general or special power of attorney for an 06 individual to whom the provider furnishes services unless the designation is held 07 jointly with another individual who is not a public home care provider. 08 * Sec. 27. AS 13.26 is amended by adding a new section to article 5 to read: 09 Sec. 13.26.359. Definitions. In AS 13.26.326 - 13.26.359, 10 (1) "benefits from government programs or civil or military service" 11 means a benefit, a program, or assistance provided under a statute or regulation, 12 including Social Security, Medicare, and Medicaid; and 13 (2) "good faith" means honesty in fact; 14 (3) "incapacity" means inability of an individual to manage property or 15 business affairs because the individual 16 (A) has an impairment in the ability to receive and evaluate 17 information or make or communicate decisions even with the use of 18 technological assistance; or 19 (B) is 20 (i) missing; 21 (ii) detained, including incarcerated in a penal system; or 22 (iii) outside the United States and unable to return; and 23 (4) "retirement plan" means a plan or account created by an employer, 24 the principal, or another individual to provide retirement benefits or deferred 25 compensation of which the principal is a participant, beneficiary, or owner, including a 26 plan or account under the following sections of 26 U.S.C. (Internal Revenue Code): 27 (A) an individual retirement account under 26 U.S.C. 408 28 (Internal Revenue Code), as amended; 29 (B) a Roth IRA under 26 U.S.C. 408A (Internal Revenue Code), 30 as amended; 31 (C) an individual retirement account under 26 U.S.C. 408(q)
01 (Internal Revenue Code), as amended; 02 (D) an annuity or custodial account under 26 U.S.C. 403(b) 03 (Internal Revenue Code), as amended; 04 (E) a pension, profit-sharing, stock bonus, or other retirement 05 plan qualified under 26 U.S.C. 401(a) (Internal Revenue Code), as amended; 06 (F) a plan under 26 U.S.C. 457(b) (Internal Revenue Code), as 07 amended; and 08 (G) a nonqualified deferred compensation plan under 26 U.S.C. 09 409A (Internal Revenue Code), as amended. 10 * Sec. 28. AS 13 is amended by adding a new chapter to read: 11 Chapter 28. Recognition of Substitute Decision-Making Documents. 12 Sec. 13.28.010. Validity of substitute decision-making document. (a) Except 13 as provided in AS 13.26.331, a substitute decision-making document for property 14 executed outside this state is valid in this state if, when the document was executed, 15 the execution complied with the law of the jurisdiction indicated in the document or, if 16 jurisdiction is not indicated, the law of the jurisdiction in which the document was 17 executed. 18 (b) Except as provided in AS 13.52.010 and 13.52.247, a substitute decision- 19 making document for health care or personal care executed outside this state is valid in 20 this state if, when the document was executed, the execution complied with 21 (1) the law of the jurisdiction indicated in the document or, if 22 jurisdiction is not indicated, the law of the jurisdiction in which the document was 23 executed; or 24 (2) the laws of this state other than this chapter. 25 (c) Except as otherwise provided by a law of this state other than this chapter, a 26 photocopy or electronically transmitted copy of an original substitute decision-making 27 document has the same effect as the original. 28 Sec. 13.28.020. Meaning and effect of substitute decision-making 29 document. The meaning and effect of a substitute decision-making document and the 30 authority of the decision maker are determined by the law of the jurisdiction indicated 31 in the substitute decision-making document or, if jurisdiction is not indicated, the law
01 of the jurisdiction in which the substitute decision-making document was executed. 02 Sec. 13.28.030. Reliance on substitute decision-making document. (a) 03 Except as otherwise provided in AS 13.26.328, a person that in good faith accepts a 04 substitute decision-making document without actual knowledge that the document is 05 void, invalid, or terminated, or that the purported decision maker's authority is void, 06 invalid, or terminated, may, without inquiry, assume that the document is genuine, 07 valid, and still in effect and that the decision maker's authority is genuine, valid, and 08 still in effect. 09 (b) A person that is asked to accept a substitute decision-making document 10 may request and may, without further investigation, rely on 11 (1) the decision maker's assertion of a fact concerning the individual for 12 whom a decision will be made, the decision maker, or the document; 13 (2) a translation of the document if the document contains, in whole or 14 in part, a language other than English; and 15 (3) an opinion of counsel regarding any matter of law concerning the 16 document if the person requesting the opinion provides in a record the reason for the 17 request. 18 Sec. 13.28.040. Obligation to accept substitute decision-making document. 19 (a) Except as otherwise provided in (b) of this section or by a law of this state other 20 than this chapter, a person shall, within a reasonable time, accept a substitute decision- 21 making document that purportedly meets the validity requirements of AS 13.28.010 22 and may not require an additional or different form of document for authority granted 23 in the document presented. 24 (b) A person is not required to accept a substitute decision-making document if 25 (1) the person otherwise would not be required in the same 26 circumstances to act if requested by the individual who executed the document; 27 (2) the person has actual knowledge of the termination of the decision 28 maker's authority or the document; 29 (3) the person's request under AS 13.28.030(b) for the decision maker's 30 assertion of fact, a translation, or an opinion of counsel is refused; 31 (4) the person in good faith believes that the document is not valid or
01 that the decision maker does not have the authority to request a particular transaction 02 or action; or 03 (5) the person makes, or has actual knowledge that another person has 04 made, a report to the office of the Department of Health and Social Services that 05 administers adult protective services stating a belief that the individual for whom a 06 decision will be made may be subject to abuse, neglect, exploitation, or abandonment 07 by the decision maker or a person acting for or with the decision maker. 08 (c) A person that, in violation of this section, refuses to accept a substitute 09 decision-making document is subject to 10 (1) a court order mandating acceptance of the document; and 11 (2) liability as provided by the court rules of this state for attorney fees 12 and costs incurred in an action or proceeding that mandates acceptance of the 13 document. 14 Sec. 13.28.050. Remedies under other law. The remedies under this chapter 15 are not exclusive and do not abrogate any right or remedy under a law of this state 16 other than this chapter. 17 Sec. 13.28.060. Uniformity of application and construction. In applying and 18 construing this chapter, consideration shall be given to the need to promote uniformity 19 of the law with respect to its subject matter among the states that enact it. 20 Sec. 13.28.070. Relation to Electronic Signatures in Global and National 21 Commerce Act. This chapter modifies, limits, or supersedes 15 U.S.C. 7001 - 7031 22 (Electronic Signatures in Global and National Commerce Act), but does not modify, 23 limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the 24 notices described in 15 U.S.C. 7003(b). 25 Sec. 13.28.090. Definitions. In this chapter, 26 (1) "decision maker" means a person authorized to act for an individual 27 under a substitute decision-making document or to whom a decision maker's authority 28 is delegated, whether denominated a decision maker, agent, attorney-in-fact, proxy, 29 representative, original decision maker, co-decision maker, successor decision maker, 30 or otherwise; 31 (2) "good faith" means honesty in fact;
01 (3) "health care" means a service or procedure to maintain, diagnose, 02 treat, or otherwise affect an individual's physical or mental condition; 03 (4) "person" means an individual, estate, business or nonprofit entity, 04 public corporation, government or governmental subdivision, agency, or 05 instrumentality, or other legal entity; 06 (5) "personal care" means an arrangement or a service to provide an 07 individual with shelter, food, clothing, transportation, education, recreation, social 08 contact, or assistance with the activities of daily living; 09 (6) "property" means anything that may be subject to ownership, 10 whether real or personal or legal or equitable, or any interest or right in the thing; 11 (7) "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 (8) "substitute decision-making document" means a record created by 15 an individual to authorize a decision maker to act for the individual with respect to 16 property, health care, or personal care. 17 Sec. 13.28.095. Short title. This chapter may be cited as the Uniform 18 Recognition of Substitute Decision-Making Documents Act. 19 * Sec. 29. AS 13.26.338(a), 13.26.344(n), and 13.26.353(c) are repealed. 20 * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICABILITY. (a) This Act 23 (1) applies to a power of attorney or substitute decision-making document 24 created on or after the effective date of this Act; 25 (2) applies to a judicial proceeding commenced on or after the effective date of 26 this Act concerning a power of attorney or substitute decision-making document created on or 27 after the effective date of this Act; and 28 (3) does not apply to an act done before the effective date of this Act. 29 (b) In this section, "substitute decision-making document" has the meaning given in 30 AS 13.28.090, enacted by sec. 28 of this Act. 31 * Sec. 31. This Act takes effect January 1, 2017.