reglab/housing_qa huggingface dataset:
AK Stat § 13.26.560 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 4. Protection of Property of Persons Under Disability and Minors.|Sec. 13.26.560. Claims against estate and protected person; enforcement.

(a) Subject to AS 13.26.545(e), a conservator shall pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship was established upon their presentation and allowance. A claim is considered presented on the first to occur of receipt of the written statement of claim by the conservator or the filing of the claim with the court. A presented claim is allowed if it is not disallowed by written statement mailed by the conservator to the claimant within 60 days after its presentation. The presentation of a claim tolls any statute of limitations relating to the claim until 30 days after its disallowance. A claim may be presented by either of the following methods: (1) the claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed; (2) the claimant may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court and deliver or mail a copy of the statement to the conservator. (b) A claimant whose claim has not been paid may petition the court for determination of the claim at any time before it is barred by the applicable statute of limitation, and, upon due proof, procure an order for its allowance and payment from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter, the moving party must give notice of the proceeding to the conservator if the outcome is to constitute a claim against the estate. (c) If it appears that the estate in a conservatorship is likely to be exhausted before all existing claims are paid, preference is to be given to prior claims for the care, maintenance, and education of the protected person or the protected person's dependents and existing claims for expenses of administration.
AK Stat § 13.26.565 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 4. Protection of Property of Persons Under Disability and Minors.|Sec. 13.26.565. Individual liability of conservator.

(a) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract. (b) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally at fault. (c) Claims based on contracts entered into by a conservator in a fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the fiduciary capacity, whether or not the conservator is individually liable for them. (d) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.
AK Stat § 13.26.570 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 4. Protection of Property of Persons Under Disability and Minors.|Sec. 13.26.570. Termination of proceeding.

The protected person, the protected person's personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased, may terminate the conservatorship. Upon termination, title to assets of the estate passes to the former protected person or to the person's successors subject to provision in the order for expenses of administration or to conveyances from the conservator to the former protected person or the person's successors, to evidence the transfer.
AK Stat § 13.26.575 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 4. Protection of Property of Persons Under Disability and Minors.|Sec. 13.26.575. Payment of debt and delivery of property to foreign conservator without local proceedings.

(a) Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of the fiduciary's appointment and an affidavit made by the fiduciary or on the fiduciary's behalf stating: (1) that no protective proceeding relating to the protected person is pending in this state; and (2) that the foreign conservator is entitled to payment or to receive delivery. (b) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
AK Stat § 13.26.580 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 4. Protection of Property of Persons Under Disability and Minors.|Sec. 13.26.580. Foreign conservators.

If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a judicial district in which property belonging to the protected person is located, authenticated copies of appointment and of any official bond given. Thereafter, the domiciliary foreign conservator may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.
AK Stat § 13.26.595 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 4. Protection of Property of Persons Under Disability and Minors.|Sec. 13.26.595. Definitions.

In AS 13.26.401 - 13.26.595, unless the context requires otherwise, “fraud” means (1) robbery, extortion, and coercion under AS 11.41.500 - 11.41.530; (2) offenses against property under AS 11.46.100 - 11.46.740; or (3) exploitation of another person or another person's resources for personal profit or advantage if no significant benefit accrues to the person who is exploited.
AK Stat § 13.26.600 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.600. Execution of power of attorney.

(a) A power of attorney executed in this state is valid if the principal (1) signs the power of attorney or, if the principal is physically unable to sign the power of attorney, directs, in the principal's conscious presence, another individual to sign the principal's name on the power of attorney; and (2) acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. (b) Notwithstanding AS 44.50.062(5)(A), a notary public may consider that the principal has signed a power of attorney if the principal is physically unable to sign the power of attorney, and, in the presence of the notary public, directs another individual to sign under (a)(1) of this section.
AK Stat § 13.26.605 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.605. Agent's acceptance and liability.

(a) Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. (b) An agent that violates a provision in AS 13.26.600 - 13.26.695 is liable to the principal or the principal's successors in interest for the amount required to (1) restore the value of the principal's property to what it would have been had the violation not occurred; and (2) reimburse the principal or the principal's successors in interest for the attorney fees and costs paid on the agent's behalf.
AK Stat § 13.26.620 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.620. Termination of power of attorney; agent's resignation; notice.

(a) Except as provided in AS 13.26.625, a power of attorney terminates when (1) the principal dies; (2) there is an incapacity of the principal, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose of the power of attorney is accomplished; or (6) the principal revokes the agent's authority, there is an incapacity of the agent, the agent dies, or the agent resigns, and the power of attorney does not provide for another agent to act under the power of attorney. (b) Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if there is an incapacity of the principal, (1) to the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or (2) if there is no person described in (1) of this subsection, to (A) the principal's custodian or caregiver; (B) another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or (C) a governmental agency having statutory authority to protect the welfare of the principal.
AK Stat § 13.26.625 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.625. Powers of attorney not revoked until notice of death or incapacity.

(a) The death or incapacity of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the death or incapacity of the principal, acts in good faith under the power of attorney. Action so taken, unless otherwise invalid or unenforceable, binds the principal and the heirs, devisees, and personal representatives of the principal. (b) An affidavit executed by the agent stating that the agent did not have, at the time of doing an act under the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death or incapacity, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power of attorney at that time. If the exercise of the power of attorney requires execution and delivery of an instrument that is recordable, the affidavit when authenticated for record is likewise recordable. (c) A special power of attorney created before September 4, 1988, shall be construed to grant the agent the powers set out in that special power of attorney.
AK Stat § 13.26.630 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.630. Powers of attorney held by public home care providers.

(a) A public home care provider may not accept a designation as agent by general or special power of attorney for an individual to whom the provider furnishes services unless the designation is held jointly with another individual who is not a public home care provider. (b) In this section, “public home care provider” has the meaning given in AS 47.05.017(c).
AK Stat § 13.26.635 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.635. Judicial relief.

(a) The following persons may petition a court in accordance with the provisions of AS 13.26.401 - 13.26.595 to construe a power of attorney, review the agent's conduct, and grant appropriate relief: (1) the principal or the agent; (2) the principal's attorney or other legal representative; (3) a guardian, conservator, or other fiduciary acting for the principal; (4) a person authorized to make health care decisions for the principal; (5) the principal's spouse, parent, or descendant; (6) an individual who would qualify as a presumptive heir of the principal; (7) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate; (8) the Department of Health and Social Services, the Department of Administration, the office of the long term care ombudsman, or other governmental agency having statutory authority to protect the welfare of the principal; (9) the principal's caregiver, custodian, or another person that demonstrates sufficient interest in the principal's welfare; and (10) a person asked to accept the power of attorney. (b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
AK Stat § 13.26.640 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.640. Relationship to other laws.

(a) Except as provided in (c) of this section, AS 13.26.600 - 13.26.695 do not supersede any other law applicable to a financial institution or other entity, and the other law controls if inconsistent with AS 13.26.600 - 13.26.695. (b) The remedies in AS 13.26.600 - 13.26.695 are not exclusive and do not abrogate any right or remedy under the law of this state. (c) AS 13.26.600 - 13.26.695 modify, limit, or supersede 15 U.S.C. 7001 - 7031 (Electronic Signatures in Global and National Commerce Act), but do not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
AK Stat § 13.26.650 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.650. Additional optional provisions to statutory form power of attorney.

Each of the following provisions may be included in a statutory form power of attorney:(1) YOU MAY DESIGNATE AN ALTERNATE AGENT. ANY ALTERNATE YOU DESIGNATE WILL BE ABLE TO EXERCISE THE SAME POWERS AS THE AGENT(S) YOU NAMED AT THE BEGINNING OF THIS DOCUMENT. IF YOU WISH TO DESIGNATE AN ALTERNATE OR ALTERNATES, COMPLETE THE FOLLOWING: If the agent(s) named at the beginning of this document is unable or unwilling to serve or continue to serve, then I appoint the following agent to serve with the same powers: First alternate or successor agent(Name and address of alternate)Second alternate or successor agent(Name and address of alternate)(2) YOU MAY NOMINATE A GUARDIAN OR CONSERVATOR. IF YOU WISH TO NOMINATE A GUARDIAN OR CONSERVATOR, COMPLETE THE FOLLOWING: In the event that a court decides that it is necessary to appoint a guardian or conservator for me, I hereby nominate to be considered by the court for appointment to serve as my guardian or conservator, or in any similar representative capacity.
AK Stat § 13.26.655 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.655. Completion of statutory form power of attorney.

(a) [Repealed, § 28 ch 50 SLA 2016.] (b) Special provisions and limitations may be imposed on the statutory form power of attorney only if they conform to the requirements of AS 13.26.670.
AK Stat § 13.26.660 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.660. Applicability of provisions of statutory form power of attorney.

In the instrument set out in AS 13.26.645 - 13.26.650, (1) if the principal has appointed more than one person to act as agent and failed to mark whether the agents may act “jointly” or “severally,” the agents are required to act jointly; (2) if the principal has failed to indicate when the instrument shall become effective, the instrument shall become effective upon the date of the principal's signature; (3) if the principal has indicated that the instrument shall become effective upon the date of the principal's signature or has failed to indicate when the instrument shall become effective and has failed to indicate the effect of the principal's subsequent incapacity on the instrument, the instrument shall be revoked by the subsequent incapacity of the principal; (4) if the principal has failed to indicate a specific term for the instrument, the instrument shall continue in effect until revoked.
AK Stat § 13.26.670 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.670. Validity of modified statutory form power of attorney.

A power of attorney that satisfies the requirements of AS 13.26.645 - 13.26.665 is not prevented from being a statutory form power of attorney by the fact that it also contains additional language that (1) eliminates from the power of attorney one or more of the powers enumerated in one or more of the subsections of 13.26.665 with respect to a section of the statutory form power of attorney that is not eliminated by the principal; (2) supplements one or more of the powers enumerated in one or more of the subsections of AS 13.26.665 with respect to a section of the statutory form power of attorney that is not eliminated by the principal by specifically listing additional powers of the agent; (3) makes an additional provision that is not substantially inconsistent with the other provisions of the statutory form power of attorney; or  (4) relieves an agent of liability for breach of a duty under AS 13.26.610, except to the extent the provision (A) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or (B) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
AK Stat § 13.26.675 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.675. When statutory form power of attorney is not affected by incapacity of principal.

(a) The subsequent incapacity of a principal does not revoke or terminate the authority of an agent who acts under a power of attorney in a writing executed by a principal if the writing contains the words “This power of attorney shall become effective upon the incapacity of the principal,” or contains the words “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or words substantially similar showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity or uncertainty as to whether the principal is dead or alive.  (b) An act done by an agent under a power granted in a power of attorney under AS 13.26.645 - 13.26.665 during a period of incapacity or uncertainty as to whether the principal is dead or alive has the same effect and enures to the benefit of and binds a principal and the principal's distributees, devisees, legatees, and personal representatives as if there were no incapacity of the principal . If a conservator is later appointed for the principal, during the continuance of the appointment , the agent is accountable to the conservator as well as to the principal. The conservator has the same power to revoke, suspend, or terminate the power of attorney that the principal would have if there was no incapacity of the principal .