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2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.050. Declarations by supporters.

A supported decision-making agreement must contain a separate declaration by each supporter that states the supporter's relationship with the principal, states the willingness of the supporter to act as a supporter for the principal, and indicates that the supporter acknowledges the duties of a supporter under this chapter. Each declaration must be signed by the supporter making the declaration.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.060. Witnesses.

(a) Each witness under AS 13.56.040 must be an adult who understands the means of communication used by the principal, except, if there is an individual who understands the principal's means of communication present to assist during the execution of the supported decision-making agreement, the witnesses are not required to understand the means of communication used by the principal.
(b) A witness under AS 13.56.040 may not be a supporter named in the supported decision-making agreement or an employee or agent of a supporter named in the supported decision-making agreement.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.070. Term of agreement.

A supported decision-making agreement may indicate the date it becomes effective and its duration. If the supported decision-making agreement does not indicate the date it becomes effective, the supported decision-making agreement becomes effective immediately. If a supported decision-making agreement does not indicate its duration, the supported decision-making agreement remains effective until terminated under AS 13.56.080.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.080. Termination of agreement.

(a) A principal may at any time terminate all or a portion of a supported decision-making agreement. A supporter may at any time terminate all or a portion of the supporter's obligations under a supported decision-making agreement, including the declaration of support described in AS 13.56.050.
(b) A termination under (a) of this section must be in writing and signed, and
(1) the signing must take place in the presence of two witnesses who also sign the termination; or
(2) the signature must be notarized.
(c) A principal or supporter terminating all or a portion of a supported decision-making agreement shall notify, in person, by certified mail, or by electronic means, the other party to the agreement that the agreement has been terminated.
(d) If a portion of a supported decision-making agreement is terminated under this section and the termination is consistent with this section, the remainder of the agreement remains in effect.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.100. Decision-making assistance of supporter.

(a) Except as limited by a supported decision-making agreement, a supporter may provide to a principal the following decision-making assistance about the principal's affairs:
(1) assisting with making decisions, communicating decisions, and understanding information about, options for, the responsibilities of, and the consequences of decisions;
(2) accessing, obtaining, and understanding information that is relevant to decisions necessary for the principal to manage the principal's affairs, including medical, psychological, financial, and educational information, medical treatment records, and other records;
(3) ascertaining the wishes and decisions of the principal, assisting in communicating those wishes and decisions to other persons, and advocating to ensure the implementation of the principal's wishes and decisions; and
(4) accompanying the principal and participating in discussions with other persons when the principal is making decisions or attempting to obtain information for decisions.
(b) Under (a)(2) of this section, a supporter may use the principal's dated consent to assist the principal in obtaining protected health information under the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) or educational records under 20 U.S.C. 1232g (Family Educational Rights and Privacy Act of 1974).
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.110. Prohibited activities.

A supporter may not
(1) exert undue influence on the principal;
(2) make decisions for or on behalf of the principal;
(3) sign for the principal or provide an electronic signature of the principal to a third party;
(4) obtain, without the consent of the principal, information that is not reasonably related to matters with which the supporter may assist the principal under the supported decision-making agreement; or
(5) use, without the consent of the principal, information acquired for a purpose authorized by this chapter for a purpose other than assisting the principal to make a decision under the supported decision-making agreement.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.120. Confidentiality, handling, and disposal of information.

A supporter shall keep the information collected by the supporter on behalf of the principal under this chapter confidential, may not use the information for a use that is not authorized by the principal, shall protect the information from unauthorized access, use, or disclosure, and shall dispose of the information properly when appropriate.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.130. Recognition of decisions and requests.

A person shall recognize a decision or request made or communicated with the decision-making assistance of a supporter under this chapter as the decision or request of the principal for the purposes of a provision of law, and the principal or supporter may enforce the decision or request in law or equity on the same basis as a decision or request of the principal.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.140. Limitation of liability.

(a) A person who, in good faith, either acts in reliance on an authorization in a supported decision-making agreement or declines to honor an authorization in a supported decision-making agreement is not subject to civil or criminal liability or to discipline for unprofessional conduct for
(1) complying with an authorization in a supported decision-making agreement, if the person is complying based on an assumption that the underlying supported decision-making agreement was valid when made and has not been terminated under AS 13.56.080;
(2) declining to comply with an authorization in a supported decision-making agreement if the person is declining based on actual knowledge that the supported decision-making agreement is invalid or has been terminated under AS 13.56.080;
(3) declining to comply with an authorization related to health care in a supported decision-making agreement, if the person is declining because the action proposed to be taken under the supported decision-making agreement is contrary to the good faith medical judgment of the person or to a written policy of a health care institution that is based on reasons of conscience.
(b) In this section, “good faith” means honesty in fact and the observance of reasonable standards of fair dealing.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.150. Capability and capacity.

(a) In the application of this chapter, a decision that a principal is incapable of managing the principal's affairs may not be based on the manner in which the principal communicates with others.
(b) An adult who enters into a supported decision-making agreement may act without the decision-making assistance of the supporter.
(c) A person may not use the execution of a supported decision-making agreement as evidence that the principal does not have capacity.
(d) In this chapter, a principal is considered to have capacity even if the capacity is achieved by the principal receiving decision-making assistance.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.160. Principal's affairs.

This chapter applies to decisions related to the following affairs of a principal:
(1) monitoring health, obtaining, scheduling, implementing, and coordinating health and support services, understanding health care information and options, providing for care and comfort, and other health care and personal matters in which the principal makes decisions about the principal's health care;
(2) managing income and assets and the use of income and assets for clothing, support, care, comfort, education, shelter, and payment of other liabilities of the principal;
(3) handling personal, health care, and financial matters that arise in the course of daily living;
(4) monitoring information about the principal's support services, including future necessary or recommended support services;
(5) living arrangements, including where and with whom the principal wants to live; and
(6) working arrangements, including where the principal wants to work.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.170. Support services.

The following are considered support services under this chapter:
(1) house repair, home cleaning, laundry, shopping, and providing meals;
(2) transportation, accompanying a principal, and facilitating a principal's written, oral, and electronic communication;
(3) nurse visitations and attendant care;
(4) provision of health care;
(5) physical and psychosocial assessments;
(6) financial assessments and advice on banking, taxes, loans, investments, and management of real property;
(7) legal assessments and advice;
(8) education and educational assessments and advice;
(9) assistance with bathing, dressing, eating, range of motion, toileting, transferring, ambulation, and other direct assistance with the activities of daily living;
(10) care planning;
(11) services that assist in maintaining the independence of a principal.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 56. Supported Decision-Making Agreements › Sec. 13.56.190. Definitions.

In this chapter, unless the context indicates otherwise,
(1) “adult” means an individual who is 18 years of age or older;
(2) “affairs” means the affairs described in AS 13.56.160;
(3) “capacity” means the ability to understand and appreciate the nature and consequences of a decision and the ability to reach and communicate an informed decision;
(4) “conservator” means a person appointed a conservator under AS 13.26.401 - 13.26.595 or a similar law of another state;
(5) “decision” means a decision relating to the affairs of a principal;
(6) “decision-making assistance” means the decision-making assistance described in AS 13.56.100;
(7) “guardian” means a person appointed a guardian under AS 13.26.201 - 13.26.316 or a similar law of another state;
(8) “immediate family member” means a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild, or stepsibling;
(9) “person” means an individual, health care institution, health care provider, corporation, partnership, limited liability company, association, joint venture, government, governmental subdivision, governmental agency, governmental instrumentality, public corporation, or another legal or commercial entity;
(10) “principal” means an adult who enters into a supported decision-making agreement under this chapter to receive decision-making assistance;
(11) “supported decision-making agreement” means an agreement authorized under AS 13.56.010;
(12) “supporter” means an adult who enters into a supported decision-making agreement and provides decision-making assistance;
(13) “support services” means the support services described in AS 13.56.170.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.010. Custodial trust.

(a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in a lawful manner, naming as beneficiary an individual, who may be the transferor, and in which the transferee is designated, in substance, as custodial trustee under this chapter.
(b) A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in a lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under this chapter. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.
(c) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.
(d) Except as provided in (e) of this section, a transferor may not terminate a custodial trust.
(e) Except as otherwise provided by AS 13.12.212(c), the beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.
(f) A person may augment existing custodial trust property by the addition of other property as provided in this chapter.
(g) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.
(h) This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.020. Custodial trustee for future payment or transfer.

(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by “as custodial trustee for _____________________________________ (name of beneficiary) under the Alaska Uniform Custodial Trust Act.”
(b) A person may be designated as substitute or successor custodial trustee to whom the property shall be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.
(c) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.030. Form and effect of receipt and acceptance by custodial trustee; jurisdiction.

(a) The obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property.
(b) The custodial trustee's acceptance may be evidenced by a writing stating in substance as follows:
CUSTODIAL TRUSTEE'S RECEIPT AND ACCEPTANCEI, (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for (name of beneficiary) under the Alaska Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property under the Alaska Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of .
Dated
(Signature of Custodial Trustee)
(c) Upon accepting custodial trust property, a person designated as custodial trustee under this chapter is subject to the personal jurisdiction of the court with respect to a matter relating to the custodial trust.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.040. Transfer to custodial trustee by fiduciary, obligor, or other person; facility of payment.

(a) Unless otherwise directed by an instrument designating a custodial trustee under AS 13.60.020, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator, may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $20,000, the transfer is not effective unless authorized by the court.
(b) A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee under this section.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.050. Multiple beneficiaries; separate custodial trusts; survivorship.

(a) Beneficial interests in a custodial trust created for multiple beneficiaries are considered to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of a married couple, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship.
(b) Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.
(c) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary under AS 13.60.060 and 13.60.140 for the administration of the custodial trust.
(d) The provisions of (b) of this section do not apply to a custodial trust established under AS 13.12.212.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.060. General duties of custodial trustee.

(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by another law, except AS 13.90.010, restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
(c) Subject to (b) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
(d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is identified as required by this subsection if an appropriate instrument identifying the property is recorded, and custodial trust property subject to registration is identified as required by this subsection if it is registered, or held in an account in the name of the custodial trustee, designated in substance “as custodial trustee for _____________________________________ (name of beneficiary) under the Alaska Uniform Custodial Trust Act.”
(e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
(f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.070. General powers of custodial trustee.

(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property that an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
(b) This section does not relieve a custodial trustee from liability for a violation of AS 13.60.060.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.080. Use of custodial trust property.

(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
(b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and, except as otherwise provided in AS 13.12.212(d), without regard to other support, income, or property of the beneficiary.
(c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.090. Determination of incapacity; effect.

(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if
(1) the custodial trust was created under AS 13.60.040;
(2) the transferor has so directed in the instrument creating the custodial trust; or
(3) the custodial trustee has determined that the beneficiary is incapacitated.
(b) A custodial trustee may determine that the beneficiary is incapacitated by relying upon
(1) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority under a durable power of attorney;
(2) the certificate of the beneficiary's physician; or
(3) other persuasive evidence.
(c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
(d) On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
(e) Absent determination of incapacity of the beneficiary under (b) or (d) of this section, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust under the provisions of this chapter applicable to an incapacitated beneficiary.
(f) Incapacity of a beneficiary does not terminate
(1) the custodial trust;
(2) a designation of a successor custodial trustee;
(3) rights or powers of the custodial trustee; or
(4) the immunities of third persons acting on instructions of the custodial trustee.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.100. Exemption of third person from liability.

A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining
(1) the validity of the purported custodial trustee's designation;
(2) the propriety of, or the authority under this chapter for, an action of the purported custodial trustee;
(3) the validity or propriety of an instrument executed or instruction given under this chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or
(4) the propriety of the application of property vested in the purported custodial trustee.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.110. Liability to third person.

(a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
(b) A custodial trustee is not personally liable to a third person
(1) on a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or
(2) for an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.
(c) A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
(d) The provisions of (b) and (c) of this section do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.130. Expenses, compensation, and bond of custodial trustee.

Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee
(1) is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;
(2) has a noncumulative election, to be made no later than six months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and
(3) does not need to furnish a bond or other security for the faithful performance of fiduciary duties.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.140. Reporting and accounting by custodial trustee; determination of liability of custodial trustee.

(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property
(1) once each year;
(2) upon request at reasonable times by the beneficiary or the beneficiary's legal representative;
(3) upon resignation or removal of the custodial trustee; and
(4) upon termination of the custodial trust.
(b) The statements under (a) of this section shall be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.
(c) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.
(d) A successor custodial trustee may petition the court for an accounting by a previous custodial trustee.
(e) In an action or proceeding under this chapter or in another proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.
(f) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.
(g) On petition of the custodial trustee or a person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.150. Limitations of action against custodial trustee.

(a) Except as provided in (c) of this section, and unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee, if the person, beneficiary, or legal representative
(1) has received a final account or statement fully disclosing the matter, unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or
(2) has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.
(b) Except as provided in (c) of this section, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.
(c) A claim for relief is not barred by this section
(1) if the claimant is a minor, until the earlier of two years after the claimant becomes an adult or dies;
(2) if the claimant is an incapacitated adult, until the earliest of two years after
(A) the appointment of a conservator;
(B) the removal of the incapacity; or
(C) the death of the claimant; or
(3) until two years after the claimant's death, if the claimant was an adult, who is now deceased and who was not incapacitated.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.160. Distribution and termination.

(a) Except as otherwise provided by AS 13.12.212(e), upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property
(1) to the beneficiary, if not incapacitated or deceased;
(2) to the conservator or other recipient designated by the court for an incapacitated beneficiary; or
(3) upon the beneficiary's death, in the following order:
(A) as last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;
(B) to the survivor of multiple beneficiaries if survivorship is provided for under AS 13.60.050;
(C) as designated in the instrument creating the custodial trust; or
(D) to the estate of the deceased beneficiary.
(b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
(c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.180. Applicable law.

(a) This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this state.
(b) A transfer made under an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in this state.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.190. Uniformity of application and construction.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 60. Uniform Custodial Trust Act › Sec. 13.60.900. Definitions.

In this chapter,
(1) “adult” means an individual who is at least 18 years of age;
(2) “beneficiary” means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this chapter;
(3) “conservator” means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions;
(4) “court” means the superior court of this state;
(5) “custodial trust property” means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest;
(6) “custodial trustee” means a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated;
(7) “guardian” means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem;
(8) “incapacitated” means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause;
(9) “legal representative” means a personal representative or conservator;
(10) “member of the beneficiary's family” means a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption;
(11) “personal representative” means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them;
(12) “state” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico;
(13) “transferor” means a person who creates a custodial trust by transfer or declaration;
(14) “trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act › Sec. 13.63.010. User direction for disclosure of digital assets.

(a) A user may use an online tool to direct the custodian to disclose to a designated recipient, or not to disclose, some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give direction under (a) of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c) A user's direction under (a) or (b) of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act › Sec. 13.63.020. Terms-of-service agreement.

(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under AS 13.63.010.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act › Sec. 13.63.030. Procedures for disclosing digital assets.

(a) When disclosing digital assets of a user under this chapter, the custodian may, in its sole discretion,
(1) grant a fiduciary or designated recipient full access to the user's account;
(2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c) A custodian is not required to disclose under this chapter a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian is not required to disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the superior court to disclose
(1) a subset limited by date of the user's digital assets;
(2) all of the user's digital assets to the fiduciary or designated recipient;
(3) none of the user's digital assets; or
(4) all of the user's digital assets to the superior court for review in camera.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act › Sec. 13.63.040. Disclosure of content of electronic communications of deceased user.

If a deceased user consented or a superior court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the letters testamentary of the personal representative;
(4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(5) if requested by the custodian,
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the superior court that
(i) the user had a specific account with the custodian, identifiable by the information specified in (A) of this paragraph;
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 - 2712, 47 U.S.C. 222, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act › Sec. 13.63.050. Disclosure of other digital assets of deceased user.

Unless the user prohibited disclosure of digital assets or the superior court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user if the representative gives the custodian
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the letters testamentary of the personal representative; and
(4) if requested by the custodian,
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user;
(C) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(D) a finding by the superior court that
(i) the user had a specific account with the custodian, identifiable by the information specified in (A) of this paragraph; or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
2023 Alaska Statutes › Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions › Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act › Sec. 13.63.060. Disclosure of content of electronic communications of principal.

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the superior court, a custodian shall disclose to the agent the content if the agent gives the custodian
(1) a written request for disclosure in physical or electronic form;
(2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian,
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(B) evidence linking the account to the principal.