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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.470. Bond.

(a) The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the property of the estate in the conservator's control plus one year's estimated income minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. The court in place of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.
(b) If the public guardian is appointed as a conservator, the court may not require a bond under this section.
(c) If the court requires a conservator to provide a bond under this section and the conservator is financially unable to provide the bond, the court may order the cost of the bond to be paid from court funds.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.475. Terms and requirements of bonds.

(a) The following requirements and provisions apply to any bond required under AS 13.26.470:
(1) unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other;
(2) by executing an approved bond of a conservator, the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party defendant; notice of any proceeding shall be delivered to the surety or mailed by registered or certified mail to the surety at the address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner;
(3) on petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator;
(4) the bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(b) A proceeding may not be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.480. Acceptance of appointment; consent to jurisdiction; notice.

By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator, or mailed by registered or certified mail to the conservator at the address as listed in the petition for appointment or as thereafter reported to the court and to the conservator's address as then known to the petitioner.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.485. Compensation and expenses.

If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.490. Death, resignation, or removal of conservator.

The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the conservator's predecessor.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.495. Petitions for orders subsequent to appointment.

(a) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order
(1) requiring bond or security or additional bond or security, or reducing bond;
(2) requiring an accounting for the administration of the trust;
(3) directing distribution;
(4) removing the conservator and appointing a temporary or successor conservator; or
(5) granting other appropriate relief.
(b) A conservator may petition the appointing court for instructions concerning the fiduciary responsibility of the conservator.
(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.500. General duty of conservator.

In the exercise of powers, a conservator shall act as fiduciary and shall observe the standards of care applicable to trustees under AS 13.36.225 - 13.36.290.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.505. Inventory, implementation report, and records.

Within 90 days after distribution of the order of appointment, every conservator shall prepare and file with the appointing court a conservator implementation report and a complete inventory of the estate of the protected person together with an oath or affirmation that it is complete and accurate so far as the conservator is informed. The conservator shall provide a copy of it to the protected person if the protected person can be located, has attained the age of 14 years, and has sufficient mental capacity to understand these matters, and to any parent or guardian with whom the protected person resides. The conservator shall keep suitable records of the administration and exhibit them on request of any interested person.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.510. Accounts.

A conservator shall submit a report to the court at least every year. In addition, a conservator shall account to the court for administration of the trust upon resignation or removal and at other times as the court may direct. On termination of the protected person's minority or disability, a conservator may account to the court or to the former protected person or the protected person's personal representative. Subject to appeal or vacation within the time permitted, an order, made upon notice and hearing, allowing an intermediate account of a conservator, adjudicates as to the conservator's liabilities concerning the matters considered in connection with it; and an order, made upon notice and hearing, allowing a final account, adjudicates as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship. In connection with any account, the court may require a conservator to submit to a physical check of the estate in the conservator's control, to be made in any manner the court may specify.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.520. Conservators; title by appointment.

The appointment of a conservator vests in the conservator title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person by custodians or attorneys-in-fact. The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will or trust instrument, imposing restrictions upon or penalties for transfer or alienation by the protected person of any rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.525. Recording of conservator's letters.

Letters of conservatorship are evidence of transfer of all assets of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets of the estate from the conservator to the protected person, or the protected person's successors. Subject to the requirements of general statutes governing the recordation of documents of title to land or other property, letters of conservatorship, and orders terminating conservatorships, may be recorded to give record notice of title as between the conservator and the protected person.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.530. Sale, encumbrance, or transaction involving conflict of interest voidable.

Any sale or encumbrance to a conservator, the conservator's spouse, agent, or attorney, or any corporation or trust in which the conservator has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after notice to interested persons and others as directed by the court.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.535. Persons dealing with conservators; protection.

A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order as provided in AS 13.26.435, is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, except that restrictions on powers of conservators which are endorsed on letters as provided in AS 13.26.550 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.550. Enlargement or limitation of powers of conservator.

Subject to the restrictions in AS 13.26.435(4), the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred by AS 13.26.540 and 13.26.545, any power which the court itself could exercise under AS 13.26.435(2) and (3). The court may, at the time of appointment or later, limit the powers of a conservator otherwise conferred by AS 13.26.540 and 13.26.545 or previously conferred by the court, and may at any time relieve the conservator of any limitation. If the court limits any power conferred on the conservator by AS 13.26.540 and 13.26.545, the limitation shall be endorsed upon the letters of appointment.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.555. Preservation of estate plan.

In investing the estate, and in selecting assets of the estate for distribution under AS 13.26.545(a) and (b), in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, the conservator and the court should take into account any known estate plan of the protected person, including a will, any revocable trust of which the protected person is settlor, and any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at death to another or others which the protected person may have originated. The conservator may examine the will of the protected person.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.560. Claims against estate and protected person; enforcement.

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

(a) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.
(b) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally at fault.
(c) Claims based on contracts entered into by a conservator in a fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the fiduciary capacity, whether or not the conservator is individually liable for them.
(d) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.570. Termination of proceeding.

The protected person, the protected person's personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased, may terminate the conservatorship. Upon termination, title to assets of the estate passes to the former protected person or to the person's successors subject to provision in the order for expenses of administration or to conveyances from the conservator to the former protected person or the person's successors, to evidence the transfer.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.575. Payment of debt and delivery of property to foreign conservator without local proceedings.

(a) Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of the fiduciary's appointment and an affidavit made by the fiduciary or on the fiduciary's behalf stating:
(1) that no protective proceeding relating to the protected person is pending in this state; and
(2) that the foreign conservator is entitled to payment or to receive delivery.
(b) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.580. Foreign conservators.

If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a judicial district in which property belonging to the protected person is located, authenticated copies of appointment and of any official bond given. Thereafter, the domiciliary foreign conservator may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.
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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.595. Definitions.

In AS 13.26.401 - 13.26.595, unless the context requires otherwise, “fraud” means
(1) robbery, extortion, and coercion under AS 11.41.500 - 11.41.530;
(2) offenses against property under AS 11.46.100 - 11.46.740; or
(3) exploitation of another person or another person's resources for personal profit or advantage if no significant benefit accrues to the person who is exploited.
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 5. Powers of Attorney. › Sec. 13.26.600. Execution of power of attorney.

(a) A power of attorney executed in this state is valid if the principal
(1) signs the power of attorney or, if the principal is physically unable to sign the power of attorney, directs, in the principal's conscious presence, another individual to sign the principal's name on the power of attorney; and
(2) acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
(b) Notwithstanding AS 44.50.062(5)(A), a notary public may consider that the principal has signed a power of attorney if the principal is physically unable to sign the power of attorney, and, in the presence of the notary public, directs another individual to sign under (a)(1) of this section.
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 5. Powers of Attorney. › Sec. 13.26.605. Agent's acceptance and liability.

(a) Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
(b) An agent that violates a provision in AS 13.26.600 - 13.26.695 is liable to the principal or the principal's successors in interest for the amount required to
(1) restore the value of the principal's property to what it would have been had the violation not occurred; and
(2) reimburse the principal or the principal's successors in interest for the attorney fees and costs paid on the agent's behalf.
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 5. Powers of Attorney. › Sec. 13.26.620. Termination of power of attorney; agent's resignation; notice.

(a) Except as provided in AS 13.26.625, a power of attorney terminates when
(1) the principal dies;
(2) there is an incapacity of the principal, if the power of attorney is not durable;
(3) the principal revokes the power of attorney;
(4) the power of attorney provides that it terminates;
(5) the purpose of the power of attorney is accomplished; or
(6) the principal revokes the agent's authority, there is an incapacity of the agent, the agent dies, or the agent resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(b) Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if there is an incapacity of the principal,
(1) to the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or
(2) if there is no person described in (1) of this subsection, to
(A) the principal's custodian or caregiver;
(B) another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
(C) a governmental agency having statutory authority to protect the welfare of the principal.
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 5. Powers of Attorney. › Sec. 13.26.625. Powers of attorney not revoked until notice of death or incapacity.

(a) The death or incapacity of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the death or incapacity of the principal, acts in good faith under the power of attorney. Action so taken, unless otherwise invalid or unenforceable, binds the principal and the heirs, devisees, and personal representatives of the principal.
(b) An affidavit executed by the agent stating that the agent did not have, at the time of doing an act under the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death or incapacity, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power of attorney at that time. If the exercise of the power of attorney requires execution and delivery of an instrument that is recordable, the affidavit when authenticated for record is likewise recordable.
(c) A special power of attorney created before September 4, 1988, shall be construed to grant the agent the powers set out in that special power of attorney.
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 5. Powers of Attorney. › Sec. 13.26.630. Powers of attorney held by public home care providers.

(a) A public home care provider may not accept a designation as agent by general or special power of attorney for an individual to whom the provider furnishes services unless the designation is held jointly with another individual who is not a public home care provider.
(b) In this section, “public home care provider” has the meaning given in AS 47.05.017(c).
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 5. Powers of Attorney. › Sec. 13.26.635. Judicial relief.

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

(a) Except as provided in (c) of this section, AS 13.26.600 - 13.26.695 do not supersede any other law applicable to a financial institution or other entity, and the other law controls if inconsistent with AS 13.26.600 - 13.26.695.
(b) The remedies in AS 13.26.600 - 13.26.695 are not exclusive and do not abrogate any right or remedy under the law of this state.
(c) AS 13.26.600 - 13.26.695 modify, limit, or supersede 15 U.S.C. 7001 - 7031 (Electronic Signatures in Global and National Commerce Act), but do not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
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 5. Powers of Attorney. › Sec. 13.26.650. Additional optional provisions to statutory form power of attorney.

Each of the following provisions may be included in a statutory form power of attorney:
(1) YOU MAY DESIGNATE AN ALTERNATE AGENT. ANY ALTERNATE YOU DESIGNATE WILL BE ABLE TO EXERCISE THE SAME POWERS AS THE AGENT(S) YOU NAMED AT THE BEGINNING OF THIS DOCUMENT. IF YOU WISH TO DESIGNATE AN ALTERNATE OR ALTERNATES, COMPLETE THE FOLLOWING: If the agent(s) named at the beginning of this document is unable or unwilling to serve or continue to serve, then I appoint the following agent to serve with the same powers: First alternate or successor agent
(Name and address of alternate)
Second alternate or successor agent
(Name and address of alternate)
(2) YOU MAY NOMINATE A GUARDIAN OR CONSERVATOR. IF YOU WISH TO NOMINATE A GUARDIAN OR CONSERVATOR, COMPLETE THE FOLLOWING: In the event that a court decides that it is necessary to appoint a guardian or conservator for me, I hereby nominate to be considered by the court for appointment to serve as my guardian or conservator, or in any similar representative capacity.
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 5. Powers of Attorney. › Sec. 13.26.655. Completion of statutory form power of attorney.

(a) [Repealed, § 28 ch 50 SLA 2016.]
(b) Special provisions and limitations may be imposed on the statutory form power of attorney only if they conform to the requirements of AS 13.26.670.
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 5. Powers of Attorney. › Sec. 13.26.660. Applicability of provisions of statutory form power of attorney.

In the instrument set out in AS 13.26.645 - 13.26.650,
(1) if the principal has appointed more than one person to act as agent and failed to mark whether the agents may act “jointly” or “severally,” the agents are required to act jointly;
(2) if the principal has failed to indicate when the instrument shall become effective, the instrument shall become effective upon the date of the principal's signature;
(3) if the principal has indicated that the instrument shall become effective upon the date of the principal's signature or has failed to indicate when the instrument shall become effective and has failed to indicate the effect of the principal's subsequent incapacity on the instrument, the instrument shall be revoked by the subsequent incapacity of the principal;
(4) if the principal has failed to indicate a specific term for the instrument, the instrument shall continue in effect until revoked.
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 5. Powers of Attorney. › Sec. 13.26.670. Validity of modified statutory form power of attorney.

A power of attorney that satisfies the requirements of AS 13.26.645 - 13.26.665 is not prevented from being a statutory form power of attorney by the fact that it also contains additional language that
(1) eliminates from the power of attorney one or more of the powers enumerated in one or more of the subsections of 13.26.665 with respect to a section of the statutory form power of attorney that is not eliminated by the principal;
(2) supplements one or more of the powers enumerated in one or more of the subsections of AS 13.26.665 with respect to a section of the statutory form power of attorney that is not eliminated by the principal by specifically listing additional powers of the agent;
(3) makes an additional provision that is not substantially inconsistent with the other provisions of the statutory form power of attorney; or
(4) relieves an agent of liability for breach of a duty under AS 13.26.610, except to the extent the provision
(A) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(B) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
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 5. Powers of Attorney. › Sec. 13.26.675. When statutory form power of attorney is not affected by incapacity of principal.

(a) The subsequent incapacity of a principal does not revoke or terminate the authority of an agent who acts under a power of attorney in a writing executed by a principal if the writing contains the words “This power of attorney shall become effective upon the incapacity of the principal,” or contains the words “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or words substantially similar showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity or uncertainty as to whether the principal is dead or alive.
(b) An act done by an agent under a power granted in a power of attorney under AS 13.26.645 - 13.26.665 during a period of incapacity or uncertainty as to whether the principal is dead or alive has the same effect and enures to the benefit of and binds a principal and the principal's distributees, devisees, legatees, and personal representatives as if there were no incapacity of the principal . If a conservator is later appointed for the principal, during the continuance of the appointment , the agent is accountable to the conservator as well as to the principal. The conservator has the same power to revoke, suspend, or terminate the power of attorney that the principal would have if there was no incapacity of the principal .
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 5. Powers of Attorney. › Sec. 13.26.680. Provisions applicable to statutory form power of attorney.

(a) For purposes of AS 13.26.645 - 13.26.665,
(1) the incapacity of a principal shall be established by affidavit stating that the principal is unable to manage property or business affairs because the principal
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance, and this impairment is the result of mental illness, mental deficiency, physical illness, physical disability, advanced age, use of drugs, chronic intoxication, or other similar medical or psychological reason, to such an extent that the principal is unable to manage the principal's property or affairs; or
(B) is
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return; and
(2) if the incapacity is based on (1)(A) of this subsection, two physicians or similarly qualified medical professionals who have personally examined the principal shall sign the affidavit; however, the affidavit may be signed by only one physician or similarly qualified medical professional if only one physician or similarly qualified medical professional is available and the affidavit executed by the person states that only one physician or similarly qualified medical professional is available.
(b) A third party who relies on the reasonable representations of an agent designated under AS 13.26.645 - 13.26.670 as to a matter relating to a power granted by a properly executed statutory form power of attorney does not incur a liability to the principal or the principal's heirs, assigns, or estate as a result of permitting the agent to exercise the authority granted by the power of attorney.
(c) [Repealed, § 28 ch 50 SLA 2016.]
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 5. Powers of Attorney. › Sec. 13.26.695. Definitions.

In AS 13.26.600 - 13.26.695,
(1) “benefits from government programs or civil or military service” means a benefit, a program, or assistance provided under a statute or regulation, including social security, Medicare, and Medicaid;
(2) “good faith” means honesty in fact;
(3) “incapacity” means inability of an individual to manage property or business affairs because the individual
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return;
(4) “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of 26 U.S.C. (Internal Revenue Code):
(A) an individual retirement account under 26 U.S.C. 408 (Internal Revenue Code), as amended;
(B) a Roth IRA under 26 U.S.C. 408A (Internal Revenue Code), as amended;
(C) an individual retirement account under 26 U.S.C. 408(q) (Internal Revenue Code), as amended;
(D) an annuity or custodial account under 26 U.S.C. 403(b) (Internal Revenue Code), as amended;
(E) a pension, profit-sharing, stock bonus, or other retirement plan qualified under 26 U.S.C. 401(a) (Internal Revenue Code), as amended;
(F) a plan under 26 U.S.C. 457(b) (Internal Revenue Code), as amended; and
(G) a nonqualified deferred compensation plan under 26 U.S.C. 409A (Internal Revenue Code), as amended.
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. 13.26.700. Purpose.

The legislature recognizes that many Alaskans, for reasons of incapacity or minority, are in need of a guardian or conservator. Often these persons cannot find a person able and willing to serve as guardian or conservator. The legislature intends through AS 13.26.700 - 13.26.750 to establish the function of public guardian for the purpose of furnishing guardianship and conservatorship services. It further intends by establishing this function to provide assistance to guardians throughout the state in securing necessary services for their wards and to assist the courts, attorneys, visitors, respondents, and proposed guardians in the orderly and expeditious handling of guardianship proceedings.
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. 13.26.710. Public guardian.

(a) The office of public advocacy (AS 44.21.400) shall serve as the public guardian.
(b) A court may order the public guardian to act as full guardian, partial guardian, conservator, or special conservator for a person who is determined under this chapter to be in need of guardianship or conservatorship service if no person or private guardianship association is willing and qualified to perform the function.
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. 13.26.720. Powers and duties of public guardian.

(a) The public guardian has the same powers and duties with respect to the public guardian's wards and protected persons as a private guardian or conservator.
(b) The public guardian, when appointed as guardian or conservator, shall endeavor, for as long as practical, to find a suitable private guardian or conservator for the public guardian's ward or protected person. For each ward and protected person, the public guardian shall include in its annual report under AS 13.26.276(a) to the court having jurisdiction of the ward or protected person information on the availability of a private guardian or conservator.
(c) The public guardian shall
(1) establish and maintain relationships with governmental, public, and private agencies, institutions, and organizations to assure the most effective guardianship or conservatorship program for each ward and protected person;
(2) visit each of the public guardian's wards and protected persons at least once every quarter to monitor their welfare;
(3) keep and maintain financial and statistical records of all cases in which the public guardian provides guardianship or conservatorship services;
(4) provide information and referrals to the public regarding guardianship and conservatorship proceedings, but not information that would identify a particular case;
(5) assist guardians and court-appointed visitors of wards and respondents in the preparation and revision of guardianship plans and reports;
(6) assist guardians to understand the disabilities of wards and to foster the increased independence of wards;
(7) assist guardians in securing the rights, benefits, and services to which their wards are entitled;
(8) develop and maintain a current listing of public and private medical, mental health, social advocacy, educational, rehabilitative, counseling, therapeutic, homemaking, recreational, and financial services and programs available to assist wards and protected persons and their families.
(d) The public guardian may
(1) contract for services necessary to carry out the duties of the public guardian's office;
(2) accept the services of volunteer workers or consultants and reimburse them for their necessary expenses.
(e) The records required to be kept and maintained under (c)(3) of this section are confidential and are not subject to inspection or copying under AS 40.25.110 - 40.25.120 unless the records are relevant to an investigation or proceeding involving the public guardian or a case in which the public guardian provided guardianship or conservatorship services.
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. 13.26.730. Intervention by public guardian.

The public guardian may, on the public guardian's own motion or at the request of the court, intervene in a guardianship or conservatorship proceeding if the public guardian or the court considers the intervention to be justified because
(1) an appointed guardian or conservator is not fulfilling duties;
(2) the estate is subject to waste as a result of the costs of the guardianship or conservatorship;
(3) a willing and qualified guardian or conservator is not available; or
(4) the best interests of the ward, respondent, protected person, or person who is the subject of a conservatorship proceeding require the intervention.
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. 13.26.740. Staff; delegation of powers and duties.

The public guardian may employ staff and delegate to members of the staff or to volunteers the powers and duties as guardian or conservator and other powers and duties under this chapter. However, the public guardian retains responsibility for the proper performance of the delegated powers and duties. The public guardian may only delegate powers and duties under this chapter to an individual who meets the eligibility requirements of AS 13.26.311 and has passed the criminal history record information check under AS 08.26.070. In addition, the individual must either hold a current certification as a guardian from a nationally recognized organization at the time of the delegation or apply for and receive that certification within one year of the delegation.