reglab/statecodes huggingface dataset:
2023 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 6. Public Guardians. › Sec. 13.26.750. Allocation of costs of public guardian.

(a) The commissioner of administration may establish by regulation a schedule of reasonable fees for the costs of the public guardian's services. The fee schedule established may be based upon the ability of the ward or protected person to pay for guardian services but may not exceed the actual cost of providing public guardian services. The office of public advocacy shall charge and collect the fees established under this subsection, but may waive collection of a fee upon a finding that collection is not economically feasible or in the public interest.
(b) [Repealed, § 79 ch 63 SLA 1993.]
(c) The public guardian may investigate the financial status of (1) a person who requests the appointment of the public guardian as the person's guardian or conservator; and (2) a ward for whom a court has appointed the public guardian.
(d) The public guardian may require a person described in (c) of this section to execute and deliver written requests or authorizations necessary under law to provide the public guardian with access to records of public or private sources, otherwise confidential, needed to evaluate the person's financial eligibility. The public guardian may, upon request and without payment of fees otherwise required by law, obtain information from any office of the state or of a political subdivision or agency of the state that possesses public records.
(e) Before the office of public advocacy releases a ward's funds following the termination of the public guardian's appointment, the office may collect from the ward's funds held by the office the reasonable value of the services rendered without cost to the ward or protected person.
(f) The annual estimated balance in the account maintained under AS 37.05.142 may be used by the legislature to make appropriations to the Department of Administration to carry out the purposes of AS 44.21.400 - 44.21.410 (office of public advocacy).
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 1. Application; Cooperation between Courts. › Sec. 13.27.010. International application of this chapter.

A court of this state may treat a foreign country as if it were a state for the purpose of applying AS 13.27.010 - 13.27.210, 13.27.400, 13.27.410, and 13.27.490.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 1. Application; Cooperation between Courts. › Sec. 13.27.020. Communication between courts.

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in (b) of this section, the court shall make a record of the communication.
(b) Courts may communicate concerning administrative matters that involve schedules, calendars, and court records without making a record.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 1. Application; Cooperation between Courts. › Sec. 13.27.030. Cooperation between courts.

(a) In a guardianship or protective proceeding in this state, a court may request the appropriate court of another state to
(1) hold an evidentiary hearing;
(2) order a person in that state to produce evidence or give testimony under procedures of that state;
(3) order that an evaluation or assessment be made of the respondent;
(4) order any appropriate investigation of a person involved in a proceeding;
(5) forward to the court a certified copy of the transcript or other record of a hearing under (1) of this subsection or any other proceeding, any evidence otherwise produced under (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under (3) or (4) of this subsection;
(6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;
(7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 160.103, as amended.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in (a) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 1. Application; Cooperation between Courts. › Sec. 13.27.040. Taking testimony in another state.

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may request that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms on which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2. Jurisdiction. › Sec. 13.27.100. Exclusive basis.

AS 13.27.100 - 13.27.180 provide the exclusive basis for subject matter jurisdiction for a court of this state to appoint a guardian or issue a protective order for an adult.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2. Jurisdiction. › Sec. 13.27.110. Jurisdiction.

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if
(1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state, and
(A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes an appointment or issues an order,
(i) a petition for an appointment or order is not filed in the respondent's home state;
(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) the court in this state concludes that it is an appropriate forum under the factors set out in AS 13.27.140;
(3) this state does not have jurisdiction under either (1) or (2) of this section and the respondent's home state and all significant-connection states have declined to exercise jurisdiction under AS 13.27.140 because
(A) this state is the more appropriate forum; and
(B) jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) the requirements for special jurisdiction under AS 13.27.120 are met.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2. Jurisdiction. › Sec. 13.27.120. Special jurisdiction.

(a) A court of this state lacking jurisdiction under AS 13.27.110 has special jurisdiction to
(1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;
(2) issue a protective order with respect to real or tangible personal property located in this state;
(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to AS 13.27.200.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2. Jurisdiction. › Sec. 13.27.130. Exclusive and continuing jurisdiction.

Except as otherwise provided in AS 13.27.120, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2. Jurisdiction. › Sec. 13.27.140. Appropriate forum.

(a) A court of this state having jurisdiction under AS 13.27.110 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under (a) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including
(1) any expressed preference of the respondent;
(2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) the length of time the respondent was physically present in or was a legal resident of this or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent's estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding; and
(9) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2. Jurisdiction. › Sec. 13.27.150. Jurisdiction declined by reason of conduct.

(a) If, at any time, a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct; the exercise of limited jurisdiction under this paragraph may include staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) continue to exercise jurisdiction after considering
(A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B) whether it is a more appropriate forum than the court of any other state under the factors set out in AS 13.27.140(c); and
(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of AS 13.27.110.
(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2. Jurisdiction. › Sec. 13.27.160. Notice of proceeding.

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2. Jurisdiction. › Sec. 13.27.170. Proceedings in more than one state.

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under AS 13.27.120(a)(1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) if the court in this state has jurisdiction under AS 13.27.110, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to AS 13.27.110 before the appointment or issuance of the order;
(2) if the court in this state does not have jurisdiction under AS 13.27.110, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state; if the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 2. Jurisdiction. › Sec. 13.27.180. Definitions for AS 13.27.100 - 13.27.180.

In AS 13.27.100 - 13.27.180,
(1) “emergency” means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;
(2) “home state” means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending with the six months before the filing of the petition;
(3) “significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available; in determining whether a respondent has a significant connection with a particular state, the court shall consider
(A) the location of the respondent's family and others required to be notified of the guardianship or protective proceeding;
(B) the length of time the respondent, at any time, was physically present in the state and the duration of any absences;
(C) the location of the respondent's property; and
(D) the extent to which the respondent has other ties to the state, such as voting registration, filing of state or local tax returns, vehicle registration, driver's license, social relationships, and receipt of services.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 3. Transfer of Guardianship or Conservatorship. › Sec. 13.27.200. Petition to transfer guardianship or conservatorship to another state.

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition to transfer a guardianship or conservatorship under (a) of this section must be given to the persons who would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed under (a) of this section.
(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that
(1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that
(1) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors set out in AS 13.27.180(3);
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3) adequate arrangements will be made for management of the protected person's property.
(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship if the court receives
(1) a provisional order issued under provisions similar to AS 13.27.210 accepting the proceeding from the court to which the proceeding is to be transferred; and
(2) the documents required to terminate a guardianship or conservatorship in this state.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 3. Transfer of Guardianship or Conservatorship. › Sec. 13.27.210. Accepting guardianship or conservatorship transferred from another state.

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those in AS 13.27.200, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(b) Notice of a petition under (a) of this section must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(c) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court may hold a hearing on a petition filed under (a) of this section.
(d) The court shall issue a provisional order granting a petition filed under (a) of this section unless
(1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(2) the guardian or conservator is ineligible for an appointment in this state.
(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state on its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to AS 13.27.200 transferring the proceeding to this state.
(f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under AS 13.26.266 or 13.26.401 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 4. Registration and Recognition of Orders from Other States. › Sec. 13.27.300. Registration of guardianship orders.

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate judicial district of this state, certified copies of the order and letters of office.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 4. Registration and Recognition of Orders from Other States. › Sec. 13.27.310. Registration of protective orders.

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any judicial district in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 4. Registration and Recognition of Orders from Other States. › Sec. 13.27.320. Effect of registration.

(a) On registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed on nonresident parties.
(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 5. Miscellaneous Provisions. › Sec. 13.27.400. Uniformity of application and construction.

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 5. Miscellaneous Provisions. › Sec. 13.27.410. Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, and supersedes 15 U.S.C. 7001, et seq. (Electronic Signatures in Global and National Commerce Act), but does 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).
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 5. Miscellaneous Provisions. › Sec. 13.27.420. Relation to AS 13.26.

Nothing in this chapter limits the rights of an incapacitated person available in a guardianship or conservatorship proceeding in this state under AS 13.26.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 6. General Provisions. › Sec. 13.27.490. Definitions.

In this chapter,
(1) “adult” means an individual who has reached 18 years of age;
(2) “conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under AS 13.26.401;
(3) “guardian” means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under AS 13.26.266; however, if the person was appointed as a full guardian under AS 13.26, the person has the powers and duties set out under AS 13.26.316;
(4) “guardianship order” means an order appointing a guardian;
(5) “guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued;
(6) “incapacitated person” means an adult for whom a guardian has been appointed;
(7) “party” means the respondent, petitioner, guardian, conservator, or any other interested person allowed by the court to participate in a guardianship or protective proceeding;
(8) “person” means, except in the terms incapacitated person or protected person, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(9) “protected person” means an adult for whom a protective order has been issued;
(10) “protective order” means an order appointing a conservator or other court order related to management of an adult's property;
(11) “protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued;
(12) “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(13) “respondent” means an adult for whom a protective order or the appointment of a guardian is sought;
(14) “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Article 6. General Provisions. › Sec. 13.27.495. Short title.

This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 28. Uniform Recognition of Substitute Decision-Making Documents › Sec. 13.28.010. Validity of substitute decision-making document.

(a) A substitute decision-making document for property executed outside this state is valid in this state if, when the document was executed, the execution complied with the law of the jurisdiction indicated in the document or, if jurisdiction is not indicated, the law of the jurisdiction in which the document was executed.
(b) Except as provided in AS 13.52.010 and 13.52.247, a substitute decision- making document for health care or personal care executed outside this state is valid in this state if, when the document was executed, the execution complied with
(1) the law of the jurisdiction indicated in the document or, if jurisdiction is not indicated, the law of the jurisdiction in which the document was executed; or
(2) the laws of this state other than this chapter.
(c) Except as otherwise provided by a law of this state other than this chapter, a photocopy or electronically transmitted copy of an original substitute decision-making document has the same effect as the original.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 28. Uniform Recognition of Substitute Decision-Making Documents › Sec. 13.28.020. Meaning and effect of substitute decision-making document.

The meaning and effect of a substitute decision-making document and the authority of the decision maker are determined by the law of the jurisdiction indicated in the substitute decision-making document or, if jurisdiction is not indicated, the law of the jurisdiction in which the substitute decision-making document was executed.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 28. Uniform Recognition of Substitute Decision-Making Documents › Sec. 13.28.030. Reliance on substitute decision-making document.

(a) Except as otherwise provided in AS 13.26.615, a person that in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid, or terminated, or that the purported decision maker's authority is void, invalid, or terminated, may, without inquiry, assume that the document is genuine, valid, and still in effect and that the decision maker's authority is genuine, valid, and still in effect.
(b) A person that is asked to accept a substitute decision-making document may request and may, without further investigation, rely on
(1) the decision maker's assertion of a fact concerning the individual for whom a decision will be made, the decision maker, or the document;
(2) a translation of the document if the document contains, in whole or in part, a language other than English; and
(3) an opinion of counsel regarding any matter of law concerning the document if the person requesting the opinion provides in a record the reason for the request.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 28. Uniform Recognition of Substitute Decision-Making Documents › Sec. 13.28.040. Obligation to accept substitute decision-making document.

(a) Except as otherwise provided in (b) of this section or by a law of this state other than this chapter, a person shall, within a reasonable time, accept a substitute decision-making document that purportedly meets the validity requirements of AS 13.28.010 and may not require an additional or different form of document for authority granted in the document presented.
(b) A person is not required to accept a substitute decision-making document if
(1) the person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;
(2) the person has actual knowledge of the termination of the decision maker's authority or the document;
(3) the person's request under AS 13.28.030(b) for the decision maker's assertion of fact, a translation, or an opinion of counsel is refused;
(4) the person in good faith believes that the document is not valid or that the decision maker does not have the authority to request a particular transaction or action; or
(5) the person makes, or has actual knowledge that another person has made, a report to the office of the Department of Health that administers adult protective services stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation, or abandonment by the decision maker or a person acting for or with the decision maker.
(c) A person that, in violation of this section, refuses to accept a substitute decision-making document is subject to
(1) a court order mandating acceptance of the document; and
(2) liability as provided by the court rules of this state for attorney fees and costs incurred in an action or proceeding that mandates acceptance of the document.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 28. Uniform Recognition of Substitute Decision-Making Documents › Sec. 13.28.050. Remedies under other law.

The remedies under this chapter are not exclusive and do not abrogate any right or remedy under a law of this state other than this chapter.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 28. Uniform Recognition of Substitute Decision-Making Documents › Sec. 13.28.060. Uniformity of application and construction.

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 28. Uniform Recognition of Substitute Decision-Making Documents › Sec. 13.28.070. Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, or supersedes 15 U.S.C. 7001 - 7031 (Electronic Signatures in Global and National Commerce Act), but does 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).
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 28. Uniform Recognition of Substitute Decision-Making Documents › Sec. 13.28.090. Definitions.

In this chapter,
(1) “decision maker” means a person authorized to act for an individual under a substitute decision-making document or to whom a decision maker's authority is delegated, whether denominated a decision maker, agent, attorney-in-fact, proxy, representative, original decision maker, co-decision maker, successor decision maker, or otherwise;
(2) “good faith” means honesty in fact;
(3) “health care” means a service or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition;
(4) “person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity;
(5) “personal care” means an arrangement or a service to provide an individual with shelter, food, clothing, transportation, education, recreation, social contact, or assistance with the activities of daily living;
(6) “property” means anything that may be subject to ownership, whether real or personal or legal or equitable, or any interest or right in the thing;
(7) “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(8) “substitute decision-making document” means a record created by an individual to authorize a decision maker to act for the individual with respect to property, health care, or personal care.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 33. Nonprobate Transfers › Article 2. Single and Multiple Party Accounts. › Sec. 13.33.202. Limitation on scope.

AS 13.33.201 - 13.33.227 do not apply to
(1) an account established for a partnership, joint venture, or other organization for a business purpose;
(2) an account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization; or
(3) a fiduciary or trust account in which the relationship is established other than by the terms of the account.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 33. Nonprobate Transfers › Article 2. Single and Multiple Party Accounts. › Sec. 13.33.203. Types of account; existing accounts.

(a) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to AS 13.33.212(c), either a single-party account or a multiple-party account may have a POD designation, an agency designation, or both.
(b) An account established before, on, or after January 1, 1997, whether in the form prescribed in AS 13.33.204 or in another form, is either a single-party account or a multiple-party account, with or without right of survivorship, and with or without a POD designation or an agency designation, within the meaning of AS 13.33.201 - 13.33.227 and is governed by AS 13.33.201 - 13.33.227.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 33. Nonprobate Transfers › Article 2. Single and Multiple Party Accounts. › Sec. 13.33.204. Forms.

(a) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of AS 13.33.201 - 13.33.227 applicable to an account of that type:
UNIFORM SINGLE-OR MULTIPLE-PARTY ACCOUNT FORM PARTIES (Name one or more parties):
OWNERSHIP (Select one and initial):
SINGLE-PARTY ACCOUNT
MULTIPLE-PARTY ACCOUNT
Parties own the account in proportion to net contributions unless there is clear and convincing evidence of a different intent.
RIGHTS AT DEATH (Select one and initial):
SINGLE-PARTY ACCOUNT
At death of party, ownership passes as part of party's estate.
SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION
(Name one or more beneficiaries):
At death of party, ownership passes to POD beneficiaries and is not part of party's estate.
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
At death of party, ownership passes to surviving parties.
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION
(Name one or more beneficiaries):
At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate.
MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP
At death of party, deceased party's ownership passes as part of deceased party's estate.
AGENCY (POWER OF ATTORNEY) DESIGNATION (Optional)
Agents may make account transactions for parties but do not have ownership or rights at death unless named as POD beneficiaries. (To add agency designation to account, name one or more agents):
(Select one and initial):
AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES
AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES.
(b) A contract of deposit that does not contain provisions in substantially the form provided in (a) of this section is governed by the provisions of AS 13.33.201 - 13.33.227 applicable to the type of account that most nearly conforms to the depositor's intent.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 33. Nonprobate Transfers › Article 2. Single and Multiple Party Accounts. › Sec. 13.33.205. Designation of agent and termination of authority.

(a) By writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party.
(b) Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a disabled or incapacitated party until the authority of the agent is terminated.
(c) Death of the sole party or last surviving party terminates the authority of an agent.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 33. Nonprobate Transfers › Article 2. Single and Multiple Party Accounts. › Sec. 13.33.206. Applicability.

The provisions of AS 13.33.211 - 13.33.216 concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors and do not apply to the right of those persons to payment as determined by the terms of the account. AS 13.33.221 - 13.33.227 govern the liability and setoff rights of financial institutions that make payments under AS 13.33.221 - 13.33.227.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 33. Nonprobate Transfers › Article 2. Single and Multiple Party Accounts. › Sec. 13.33.211. Ownership during lifetime.

(a) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.
(b) A beneficiary in an account having a POD designation does not have a right to sums on deposit during the lifetime of any party.
(c) An agent in an account with an agency designation does not have a beneficial right to sums on deposit.
(d) In this section, “net contribution” of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party that have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term includes deposit life insurance proceeds added to the account by reason of death of the party whose net contribution is in question.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 33. Nonprobate Transfers › Article 2. Single and Multiple Party Accounts. › Sec. 13.33.212. Rights at death.

(a) Except as otherwise provided in AS 13.33.201 - 13.33.227, on death of a party, sums on deposit in a multiple-party account belong to the surviving party or parties. If two or more parties survive and one is the surviving spouse of the decedent, the amount to which the decedent immediately before death was beneficially entitled under AS 13.33.211 belongs to the surviving spouse. If two or more parties survive and none is the surviving spouse of the decedent, the amount to which the decedent immediately before death was beneficially entitled under AS 13.33.211 belongs to the surviving parties in equal shares and augments the proportion to which each survivor immediately before the decedent's death was beneficially entitled under AS 13.33.211, and the right of survivorship continues between the surviving parties.
(b) In an account with a POD designation
(1) on death of one of two or more parties, the rights in sums on deposit are governed by (a) of this section;
(2) on death of the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries; if two or more beneficiaries survive, sums on deposit belong to them in equal and undivided shares, and there is no right of survivorship in the event of death of a beneficiary after coming into ownership; if no beneficiary survives, sums on deposit belong to the estate of the last surviving party.
(c) Sums on deposit in a single-party account without a POD designation, or in a multiple-party account that, by the terms of the account, is without right of survivorship, are not affected by death of a party, but the amount to which the decedent immediately before death was beneficially entitled under AS 13.33.211 is transferred as part of the decedent's estate. A POD designation in a multiple-party account without right of survivorship is ineffective. For purposes of this section, designation of an account as a tenancy in common establishes that the account is without right of survivorship.
(d) The ownership right of a surviving party or beneficiary, or of the decedent's estate, in sums on deposit is subject to requests for payment made by a party before the party's death, whether paid by the financial institution before or after death, or unpaid. The surviving party or beneficiary, or the decedent's estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section to the extent necessary to discharge the request for payment.