Alaska Power of Attorney Forms - Alaska Healthcare Power Of Attorney

Power of Attorney for Alaska Alaska Poa

A power of attorney allows an agent to act on your behalf based on the terms of the document, whether a General Power of Attorney, Limited Power of Attorney, Child Care Power of Attorney or others.

Alaska Power of Attorney Laws Alaska Power Of Attorney Document

Alaska Statutes
 
Title 13. DECEDENTS' ESTATES, GUARDIANSHIPS, TRANSFERS, TRUSTS, AND HEALTH CARE DECISIONS
 
Chapter 13.26. PROTECTION OF MINORS AND INCAPACITATED PERSONS AND THEIR PROPERTY; POWERS OF ATTORNEY
 
Article 05. POWERS OF ATTORNEY
 
 
Current through Chapter 5 of the 2019 Legislative Session
 
§ 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.
Cite as AS 13.26.600
 
History. Added by SLA 2016, ch. 50, sec. 24, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.357 but was renumbered by the revisor of statutes.
 
 
§ 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.
Cite as AS 13.26.605
 
History. Added by SLA 2016, ch. 50, sec. 4, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.326 but was renumbered by the revisor of statutes.
 
 
§ 13.26.610. Agent's duties
 
(a)          Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall
(1)          act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest;
(2)          act in good faith; and
(3)          act only within the scope of authority granted in the power of attorney.
(b)          Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall
(1)          act loyally for the principal's benefit;
(2)          act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;
(3)          act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;
(4)          keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
(5)          cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and otherwise act in the principal's best interest; and
(6)          attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including
(A)          the value and nature of the principal's property;
(B)          the principal's foreseeable obligations and need for maintenance;
(C)          minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and
(D)          eligibility for a benefit, a program, or assistance under a statute or regulation.
(c)           An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.
(d)          An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.
(e)          If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.
(f)           Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.
(g)          An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.
(h)          Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, the personal representative or successor in interest of the principal's estate. If so requested, within 30 days, the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.
Cite as AS 13.26.610
 
History. Added by SLA 2016, ch. 50, sec. 4, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.327 but was renumbered by the revisor of statutes.
 
 
§ 13.26.615. Acceptance of power of attorney
 
(a)          A third party asked to accept a power of attorney may request, and rely upon, without further investigation
(1)          an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(2)          an English translation of the power of attorney if the power of attorney contains, in whole or in part, a language other than English; and
(3)          an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(b)          An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than five business days after the power of attorney is presented for acceptance.
(c)           For purposes of this section, a person that conducts activities through employees is without actual knowledge of a fact relating to a principal, agent, or power of attorney if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
(d)          Except as otherwise provided in (e) of this section,
(1)          a person shall accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under (a) of this section not later than five business days after presentation of the power of attorney for acceptance;
(2)          if a person requests a certification, a translation, or an opinion of counsel under (a) of this section, the person shall accept the power of attorney not later than three business days after receipt of the certification, translation, or opinion of counsel; and
(3)          a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(e)          Notwithstanding AS 13.26.600, a person is not required to accept an acknowledged power of attorney if
(1)          the person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2)          engaging in a transaction with the agent or principal in the same circumstances would be inconsistent with federal law;
(3)          the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(4)          a request for a certification, a translation, or an opinion of counsel under (a) of this section is refused;
(5)          the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under (a) of this section has been requested or provided; or
(6)          the person makes, or has actual knowledge that another person has made, a report to the Department of Health and Social Services or other governmental agency, stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(f)           A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to
(1)          a court order mandating acceptance of the power of attorney; and
(2)          liability as provided by court rules of this state for attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
Cite as AS 13.26.615
 
History. Added by SLA 2016, ch. 50, sec. 4, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.328 but was renumbered by the revisor of statutes.
 
 
§ 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.
Cite as AS 13.26.620
 
History. Added by SLA 2016, ch. 50, sec. 4, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.329 but was renumbered by the revisor of statutes.
 
 
§ 13.26.625. [Renumbered from 13.26.356] 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.
Cite as AS 13.26.625
 
History. Amended by SLA 2016, ch. 50, sec. 23, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.356 but was renumbered by the revisor of statutes.
 
 
§ 13.26.630. [Renumbered from 13.26.358] 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).
Cite as AS 13.26.630
 
History. Amended by SLA 2016, ch. 50, sec. 25, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.358 but was renumbered by the revisor of statutes.
 
 
§ 13.26.635. Judicial relief
 
(a)          The following persons may petition a court in accordance with the provisions of AS 13.26.401 - 13.26.595 to construe a power of attorney, review the agent's conduct, and grant appropriate relief:
(1)          the principal or the agent;
(2)          the principal's attorney or other legal representative;
(3)          a guardian, conservator, or other fiduciary acting for the principal;
(4)          a person authorized to make health care decisions for the principal;
(5)          the principal's spouse, parent, or descendant;
(6)          an individual who would qualify as a presumptive heir of the principal;
(7)          a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(8)          the Department of Health and Social Services, the Department of Administration, the office of the long term care ombudsman, or other governmental agency having statutory authority to protect the welfare of the principal;
(9)          the principal's caregiver, custodian, or another person that demonstrates sufficient interest in the principal's welfare; and
(10)        a person asked to accept the power of attorney.
(b)          Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
Cite as AS 13.26.635
 
History. Added by SLA 2016, ch. 50, sec. 22, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.354 but was renumbered by the revisor of statutes.
 
 
§ 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).
Cite as AS 13.26.640
 
History. Added by SLA 2016, ch. 50, sec. 22, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.355 but was renumbered by the revisor of statutes.
 
 
§ 13.26.645. Statutory form power of attorney
 
A person who wishes to designate another as agent by a power of attorney may execute a statutory power of attorney set out in substantially the following form:
 
GENERAL POWER OF ATTORNEY
 
THE POWERS GRANTED FROM THE PRINCIPAL TO THE AGENT OR AGENTS IN THE FOLLOWING DOCUMENT ARE VERY BROAD. THEY MAY INCLUDE THE POWER TO DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND PERSONAL PROPERTY. ACCORDINGLY, THE FOLLOWING DOCUMENT SHOULD ONLY BE USED AFTER CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS DOCUMENT, YOU SHOULD SEEK COMPETENT ADVICE.
 
YOU MAY REVOKE THIS POWER OF ATTORNEY AT ANY TIME.
 
Pursuant to AS 13.26.600, 13.26.625 - 13.26.640, and 13.26.655 - 13.26.695, I, (Name of principal), of (Address of principal), do hereby appoint (Name and address of agent or agents), my agent(s) to act as indicated below in my name, place, and stead in any way which I myself could do, if I were personally present, with respect to the following matters, as each of them is defined in AS 13.26.665, to the full extent that I am permitted by law to act through an agent:
 
MARK THE BOXES BELOW TO INDICATE THE POWERS YOU WANT TO GIVE YOUR AGENT OR AGENTS. MARK THE BOX FOR "YES" THAT IS OPPOSITE A CATEGORY BELOW TO GIVE YOUR AGENT OR AGENTS THE POWER IN THAT CATEGORY. IF YOU DO NOT MARK A BOX OPPOSITE A CATEGORY, YOUR AGENT OR AGENTS WILL NOT HAVE THE POWER IN THAT CATEGORY.
 
                             
YES
 
(A)
 
real estate transactions
 
( )
 
(B)
 
transactions involving tangible personal
 
 
              
property, chattels, and goods
 
( )
 
(C)
 
bonds, shares, and commodities transactions
 
( )
 
(D)
 
banking transactions
 
( )
 
(E)
 
business operating transactions
 
( )
 
(F)
 
insurance transactions
 
( )
 
(G)
 
estate transactions
 
( )
 
(H)
 
retirement plans
 
( )
 
(I)
 
claims and litigation
 
( )
 
(J)
 
personal relationships and affairs
 
( )
 
(K)
 
benefits from government programs
 
 
              
and civil or military service
 
( )
 
(L)
 
records, reports, and statements
 
( )
 
(M)
 
voter registration and absentee
 
 
              
ballot requests
 
( )
 
(N)
 
all other matters, including those
 
 
              
specified as follows:
 
( )
 
_________________________________________________________
 
_________________________________________________________
 
_________________________________________________________
 
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
 
The agent or agents you have appointed WILL NOT have the power to do any of the following acts UNLESS you MARK the box opposite that category:
 
( ) create, amend, revoke, or terminate an inter vivos trust;
 
( ) make a gift, subject to the limitations of AS 13.26.665(q) and any special instructions in this power of attorney;
 
( ) create or change a beneficiary designation;
 
( ) revoke a transfer on death deed made under AS 13.48;
 
( ) create or change rights of survivorship;
 
( ) delegate authority granted under the power of attorney;
 
( ) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
 
( ) exercise fiduciary powers that the principal has authority to delegate;
 
( ) exercise authority over the content of electronic communications, as that term is defined in 18 U.S.C. 2510 (12), sent or received by the principal.
 
IF YOU HAVE APPOINTED MORE THAN ONE AGENT, MARK ONE OF THE FOLLOWING:
 
( ) Each agent may exercise the powers conferred separately, without the consent of any other agent.
 
( ) All agents shall exercise the powers conferred jointly, with the consent of all other agents.
 
TO INDICATE WHEN THIS DOCUMENT SHALL BECOME EFFECTIVE, MARK ONE OF THE FOLLOWING:
 
( ) This document shall become effective upon the date of my signature.
 
( ) This document shall become effective upon the date of my incapacity and shall not otherwise be affected by my incapacity.
 
IF YOU HAVE INDICATED THAT THIS DOCUMENT SHALL BECOME EFFECTIVE ON THE DATE OF YOUR SIGNATURE, MARK ONE OF THE FOLLOWING:
 
( ) This document shall not be affected by my subsequent incapacity.
 
( ) This document shall be revoked by my subsequent incapacity.
 
IF YOU HAVE INDICATED THAT THIS DOCUMENT SHALL BECOME EFFECTIVE UPON THE DATE OF YOUR SIGNATURE AND WANT TO LIMIT THE TERM OF THIS DOCUMENT, COMPLETE THE FOLLOWING:
 
This document shall only continue in effect for ________ ( ) years from the date of my signature.
 
NOTICE OF REVOCATION OF THE POWERS GRANTED IN THIS DOCUMENT
 
You may revoke one or more of the powers granted in this document. Unless otherwise provided in this document, you may revoke a specific power granted in this power of attorney by completing a special power of attorney that includes the specific power in this document that you want to revoke. Unless otherwise provided in this document, you may revoke all the powers granted in this power of attorney by completing a subsequent power of attorney.
 
NOTICE TO THIRD PARTIES
 
A third party who relies on the reasonable representations of an agent as to a matter relating to a power granted by a properly executed statutory form power of attorney does not incur any liability to the principal or to the principal's heirs, assigns, or estate as a result of permitting the agent to exercise the authority granted by the power of attorney. A third party who fails to honor a properly executed statutory form power of attorney may be liable to the principal, the agent, the principal's heirs, assigns, or estate for a civil penalty, plus damages, costs, and fees associated with the failure to comply with the statutory form power of attorney. If the power of attorney is one which becomes effective upon the incapacity of the principal, the incapacity of the principal is established by an affidavit, as required by law.
 
IN WITNESS WHEREOF, I have hereunto signed my name this ____ day of _____________ , _________.
 
_________________________________________________________
 
Signature of Principal
 
Acknowledged before me at _________________________________
 
________________________ on ______________________________.
 
Signature of Officer or Notary
 
If a person other than the principal executes the signature for the principal, the person may not be a person who is appointed an agent in the power of attorney, and the following signature line and notary verification must also be completed:
 
IN WITNESS WHEREOF, I have hereunto signed my name this ____ day of _____________ , _________.
 
_________________________________________________________
 
Signature of person signing at the request of ___________________
 
Name of Principal
 
Printed name of person signing ______________________________
 
Form of identification of person signing _______________________
 
Acknowledged before me at _________________________________
 
____________________________ on __________________________
 
_________________________________________________________
 
Signature of Officer or Notary
 
Cite as AS 13.26.645
 
History. Amended by SLA 2017, ch. 18, sec. 1, eff. 8/25/2017.
 
Amended by SLA 2016, ch. 50, sec. 5, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.332 but was renumbered by the revisor of statutes.
 
 
§ 13.26.650. [Renumbered from 13.26.335] 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 (Name and address of person nominated) to be considered by the court for appointment to serve as my guardian or conservator, or in any similar representative capacity.
 
Cite as AS 13.26.650
 
History. Amended by SLA 2016, ch. 50, sec. 6, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.335 but was renumbered by the revisor of statutes.
 
 
§ 13.26.655. [Renumbered from 13.26.338] Completion of statutory form power of attorney
 
(a)          [Repealed by 2016 amendment.]
(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.
Cite as AS 13.26.655
 
History. Amended by SLA 2016, ch. 50, sec. 28, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.338 but was renumbered by the revisor of statutes.
 
 
§ 13.26.660. [Renumbered from 13.26.341] 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.
Cite as AS 13.26.660
 
History. Amended by SLA 2016, ch. 50, sec. 7, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.341 but was renumbered by the revisor of statutes.
 
 
§ 13.26.665. [Renumbered from 13.26.344] Interpretation of provisions in statutory form power of attorney
 
(a)          In a statutory form power of attorney, the language conferring general authority with respect to real estate transactions shall be construed to mean that, as to an estate or interest in land of the principal, whether in the state or elsewhere, the principal authorizes the agent to
(1)          accept as a gift or as security for a loan, demand, buy, lease, receive, or otherwise acquire either ownership or possession of any estate or interest in land;
(2)          sell, exchange, convey, quitclaim, release, surrender, mortgage, encumber, partition or consent to the partitioning, grant options concerning, lease or sublet, or otherwise to dispose of, an estate or interest in land;
(3)          release in whole or in part, assign the whole or a part of, satisfy in whole or in part, and enforce a mortgage, encumbrance, lien, or other claim to land that exists, or is claimed to exist, in favor of the principal;
(4)          do any act of management or of conservation with respect to an estate or interest in land owned, or claimed to be owned, by the principal, including by way of illustration, but not of restriction, power to insure against any casualty, liability, or loss, obtain or regain possession or protect the estate or interest, pay, compromise, or contest taxes or assessments, or apply for refunds in connection with a payment, compromise, or tax, purchase supplies, hire assistance of labor, and make repairs or alterations in the structures or land;
(5)          use, develop, modify, alter, replace, remove, erect, or install structures or other improvements on land in which the principal has, or claims to have, an estate or interest;
(6)          demand, receive, or obtain money or any other thing of value to which the principal is, or may become, or may claim to be entitled as the proceeds of an interest in land or of one or more of the transactions enumerated in this subsection; conserve, invest, disburse, or use anything so received for purposes enumerated in this subsection; and reimburse the agent for an expenditure properly made in the execution of the powers conferred by the statutory form power of attorney;
(7)          participate in any reorganization with respect to real property and receive and hold any shares of stock or instrument of similar character received under a plan of reorganization, and act with respect to a plan of reorganization, including by way of illustration, but not of restriction, power to sell or otherwise to dispose of shares, to exercise or to sell an option, conversion, or similar right, and to vote in person by the granting of a proxy;
(8)          agree and contract, in any manner, and with any person and on any terms that the agent may select, for the accomplishment of any of the purposes enumerated in this subsection, and perform, rescind, reform, release, or modify an agreement or contract made by or on behalf of the principal;
(9)          execute, acknowledge, seal, and deliver a deed, mortgage, lease, notice, check, or other instrument that the agent considers useful for the accomplishment of any of the purposes enumerated in this subsection;
(10)        prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to, a claim existing in favor of, or against, the principal based on or involving a real estate transaction or intervene in any related action;
(11)        hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent considers that action to be desirable for the proper execution of a power described in this subsection, and for the keeping of records about that action; and
(12)        do any other act or acts that the principal can do through an agent with respect to any estate or interest in land.
(b)          In a statutory form power of attorney, the language conferring general authority with respect to tangible personal property, chattels, and goods transactions shall be construed to mean that, as to tangible personal property, chattels, or goods owned by the principal, whether located in the state or elsewhere, the principal authorizes the agent to
(1)          accept as a gift, or as a security for a loan, reject, demand, buy, receive, or otherwise acquire either ownership or possession of chattels or goods or an interest in the tangible personal property, chattels, or goods;
(2)          sell, exchange, convey, release, surrender, mortgage, encumber, pledge, hypothecate, pawn, grant options concerning, lease or sublet to others, or otherwise dispose of tangible personal property, chattels, or goods or an interest in them;
(3)          release in whole or in part, assign the whole or a part of, satisfy in whole or in part, and enforce a mortgage, encumbrance, lien, or other claim that exists, or is claimed to exist, in favor of the principal with respect to any tangible personal property, chattels, or goods or an interest in them;
(4)          do any act of management or of conservation with respect to any tangible personal property, chattels, or goods or to an interest in any tangible personal property, chattels, or goods owned, or claimed to be owned, by the principal, including by way of illustration, but not of restriction, power to insure against any casualty, liability, or loss, obtain or regain possession, or protect the tangible personal property, chattels, or goods or an interest in them, pay, compromise, or contest taxes or assessments, apply for refunds in connection with a payment, compromise, or tax, move from place to place, store for hire or on a gratuitous bailment, use, alter, and make repairs or alterations of any tangible personal property, chattels, or goods, or an interest in them;
(5)          demand, receive, and obtain money or any other thing of value to which the principal is, or may become, or may claim to be, entitled as the proceeds of any tangible personal property, chattels, or goods or of an interest in them, or of one or more of the transactions enumerated in this subsection, conserve, invest, disburse, or use anything so received for purposes enumerated in this subsection, and reimburse the agent for any expenditures properly made in the execution of the powers conferred by the power of attorney;
(6)          agree and contract, in any manner, and with any person and on any terms that the agent may select, for the accomplishment of the purposes enumerated in this subsection, and perform, rescind, reform, release, or modify any agreement or contract or any other similar agreement or contract made by or on behalf of the principal;
(7)          execute, acknowledge, seal, and deliver a conveyance, mortgage, lease, notice, check or other instrument that the agent considers useful for the accomplishment of the purposes enumerated in this subsection;
(8)          prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to, a claim existing in favor of, or against, the principal based on or involving a transaction involving tangible personal property, chattels, or goods, or intervene in an action or proceeding;
(9)          hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent considers the action to be desirable to the proper execution of a power described in this subsection, and for the keeping of records about that action;
(10)        do any other act or acts that the principal can do through an agent with respect to any chattels or goods or interest in any tangible personal property, chattels, or goods.
(c)           In a statutory form power of attorney, the language conferring general authority with respect to bonds, shares, and commodities transactions shall be construed to mean that, with respect to a bond, share, or commodity of the principal, whether in the state or elsewhere, the principal authorizes the agent to
(1)          accept as a gift, or as a security for a loan, reject, demand, buy, receive, or otherwise acquire either ownership or possession of, a bond, share, or instrument of similar character including, by way of illustration, but not of restriction, stock in a corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act), commodity interest, or an instrument with respect to a bond, share, or instruments of similar character, together with the interest, dividends, proceeds, or other distributions connected with a bond, share, or instrument of a similar character;
(2)          sell, exchange, transfer, release, surrender, hypothecate, pledge, grant options concerning, loan, trade in, or otherwise dispose of a bond, share, instrument of similar character, commodity interest, or a related instrument;
(3)          release, assign the whole or part of, satisfy in whole or in part, and enforce a pledge, encumbrance, lien, or other claim as to a bond, share, instrument of similar character, commodity interest, or a related interest, when the pledge, encumbrance, lien, or other claim is owned, or claimed to be owned, by the principal;
(4)          do any act of management or of conservation with respect to a bond, share, instrument of similar character, commodity interest, or a related instrument, owned or claimed to be owned by the principal or in which the principal has or claims to have an interest, including by way of illustration, but not of restriction, power to insure against a casualty, liability, or loss, obtain or regain possession or protect the principal's interest, pay, compromise, or contest taxes or assessments, apply for a refund in connection with a payment, compromise, or tax, consent to and participate in a reorganization, recapitalization, liquidation, merger, consolidation, sale or lease or other change in or revival of a corporation or other association, or in the financial structure of a corporation or other association, or in the priorities, voting rights, or other special rights with respect to a corporation or association, become a depositor with a protective, reorganization or similar committee of the bond, share, other instrument of similar character, commodity interest or a related instrument, belonging to the principal, make a payment reasonably incident to them, and exercise or sell an option, conversion, or similar right, or vote in person or by the granting of a proxy for the accomplishment of the purposes enumerated in this subsection;
(5)          carry in the name of a nominee selected by the agent evidence of the ownership of a bond, share, other instrument of similar character, commodity interest, or related instrument belonging to the principal;
(6)          employ, in any way believed to be desirable by the agent, a bond, share, other instrument of similar character, commodity interest, or a related instrument, in which the principal has or claims to have an interest, for the protection or continued operation of a speculative or margin transaction personally begun or personally guaranteed, in whole or in part, by the principal;
(7)          demand, receive, or obtain money or any other thing of value to which the principal is, or may claim to be, entitled as the proceeds of an interest in a bond, share, other instrument of similar character, commodity interest or a related instrument, or of one or more of the transactions enumerated in this subsection, conserve, invest, disburse, or use anything so received for purposes enumerated in this subsection; and reimburse the agent for an expenditure properly made in the execution of the powers conferred by the statutory form power of attorney;
(8)          agree and contract, in any manner, and with a broker or other person, and on terms that the agent may select, for the accomplishment of the purposes enumerated in this subsection, and perform, rescind, reform, release, or modify the agreement or contract or other similar agreement made by or on behalf of the principal;
(9)          execute, acknowledge, seal, and deliver a consent, agreement, authorization, assignment, notice, waiver of notice, check, or other instrument that the agent considers useful for the accomplishment of the purposes enumerated in this subsection;
(10)        execute, acknowledge and file a report or certificate required by law or regulation;
(11)        prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to, a claim existing in favor of, or against, the principal based on or involving a bond, share, or commodity transactions, or intervene in a related action or proceeding;
(12)        hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent considers that action to be desirable for the proper execution of the powers described in this subsection, and for the keeping of records about that action; and
(13)        do any other act or acts that the principal can do through an agent, with respect to an interest in a bond, share, or other instrument of similar character, commodity, or instrument with respect to a commodity.
(d)          In a statutory form power of attorney, the language conferring general authority with respect to banking transactions shall be construed to mean that, as to a banking transaction engaged in by the principal, whether in the state or elsewhere, the principal authorizes the agent to
(1)          continue, modify, or terminate a deposit account or other banking arrangement made by or on the behalf of the principal before the execution of the power of attorney;
(2)          open, either in the name of the agent alone or in the name of the principal alone, or in both their names jointly, a deposit account of any type in a financial institution selected by the agent, hire a safe deposit box or vault space, and enter into contracts for the procuring of other services made available by the institution that the agent considers desirable;
(3)          make, sign, and deliver checks or drafts for any purpose, and withdraw funds or property of the principal deposited with or left in the custody of a financial institution, wherever located, either before or after the execution of the power of attorney;
(4)          prepare financial statements concerning the assets and liabilities or income and expenses of the principal, and deliver the statements to a financial institution or person whom the agent believes to be reasonably entitled to them;
(5)          receive statements, vouchers, notices, or other documents from a financial institution and act with respect to them;
(6)          have free access to a safe deposit box or vault to which the principal would have access if personally present;
(7)          borrow money as the agent may determine, give security out of the assets of the principal as the agent considers necessary for the borrowing, and pay, renew, or extend the time of payment of a financial institution by any other procedure made available by the institution;
(8)          make, assign, endorse, discount, guarantee, use, and negotiate promissory notes, bills of exchange, checks, drafts, credit and debit cards, electronic transaction authorizations, or other negotiable or nonnegotiable paper of the principal, or payable to the principal or to the principal's order, receive the cash or other proceeds of them; and accept any bill of exchange or draft drawn by any person upon the principal, and pay it when due;
(9)          receive for the principal and deal in and with a negotiable or nonnegotiable instrument in which the principal has or claims to have an interest;
(10)        apply for and receive letters of credit or traveler's checks from a banker or banking institution selected by the agent, giving indemnity or other agreements in connection with the applications or receipts that the agent considers desirable or necessary;
(11)        consent to an extension in the time of payment with respect to commercial paper or a banking transaction in which the principal has an interest or by which the principal is, or might be, affected in any way;
(12)        pay, compromise, or contest taxes or assessments and apply for refunds in connection with the payment, compromise, or contest;
(13)        demand, receive, or obtain money or any other thing of value to which the principal is, or may become, or may claim to be entitled as the proceeds of any banking transaction conducted by the principal or by the agent in the execution of the powers described in this subsection, or partly by the principal and partly by the agent; conserve, invest, disburse, or use anything received for purposes enumerated in this subsection, and reimburse the agent for an expenditure properly made in the execution of the powers conferred by the statutory form power of attorney;
(14)        execute, acknowledge, seal, and deliver an instrument, in the name of the principal or otherwise, that the agent considers useful for the accomplishment of a purpose enumerated in this subsection;
(15)        prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to, a claim existing in favor of, or against, the principal based on or involving a banking transaction, or intervene in an action or proceeding relating to a banking transaction;
(16)        hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent considers that the action is desirable for the proper execution of the powers described in this subsection, and for the keeping of records about that action; and
(17)        do any other act or acts that the principal can do through an agent in connection with a banking transaction that does or might in any way affect the financial or other interests of the principal.
(e)          In a statutory form power of attorney, the language conferring general authority with respect to business operating transactions shall be construed to mean that, with respect to a business in which the principal has an interest, whether in the state or elsewhere, the principal authorizes the agent
(1)          to the extent that an agent is permitted by law to act for a principal, to discharge and perform any duty or liability and exercise any right, power, privilege, or option that the principal has, or claims to have, under a contract of partnership, whether as a general or special partner, enforce the terms of the partnership agreement for the protection of the principal that the agent considers desirable or necessary, and defend, submit to arbitration, settle, or compromise an action to which the principal is a party because of membership in a partnership;
(2)          to exercise in person or by proxy or enforce a right, power, privilege, or option that the principal has as the holder of a bond, share, or other instrument of similar character, and defend, submit to arbitration, settle, or compromise an action to which the principal is a party because of a bond, share, or other instrument of similar character;
(3)          with respect to a business enterprise that is owned solely by the principal, to
(A)          continue, modify, renegotiate, extend and terminate a contractual arrangement made with a person, firm, association, or corporation by or on behalf of the principal;
(B)          determine the policy of the enterprise as to the location of the site or sites to be used for its operation, the nature and extent of the business to be undertaken by it, the methods of manufacturing, selling, merchandising, financing, accounting, and advertising to be employed in its operation, the amount and types of insurance to be carried, the mode of securing compensation and dealing with accountants, attorneys, and employees required for its operation, agree and contract, in any manner, and with any person and on any terms, that the agent considers desirable or necessary to carry out any or all of the decisions of the agent as to policy, and perform, rescind, reform, release, or modify an agreement or contract or any other similar agreement or contract made by or on behalf of the principal;
(C)          change the name or form of organization under which the business is operated and enter into a partnership agreement with others or organize a corporation to take over the operation of the business, or any part of it, that the agent considers desirable or necessary;
(D)          demand and receive all money that is or may become due to the principal, or that may be claimed by the principal or on the principal's behalf, in the operation of the enterprise, and control and disburse the funds in the operation of the enterprise in any way that the agent considers desirable or necessary, and engage in banking transactions that the agent considers desirable or necessary to carry out the execution of the powers of the agent described in this subparagraph;
(4)          to prepare, sign, file, and deliver all reports, compilations of information, returns, and other papers with respect to a business operating transaction of the principal that is required by a government agency or that the agent considers desirable or necessary for any purpose, and make any payments with respect to the agency;
(5)          to pay, compromise, or contest taxes or assessments and do any act or acts that the agent considers desirable or necessary to protect the principal from illegal or unnecessary taxation, fines, penalties, or assessments in connection with the business operations;
(6)          to demand, receive, or obtain money or any other thing of value to which the principal is or may claim to be entitled as the proceeds of a business operation of the principal, conserve, invest, disburse, and use anything so received for purposes enumerated in this subsection, and reimburse the agent for expenditures properly made in the execution of the powers conferred by the statutory form power of attorney;
(7)          to execute, acknowledge, seal, and deliver a deed, assignment, mortgage, lease, notice, consent, agreement, authorization check, or other instrument that the agent considers useful for the accomplishment of any of the purposes enumerated in this subsection;
(8)          to prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to, a claim existing in favor of, or against, the principal based on or involving a business operating transaction or intervene in a related action;
(9)          to hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent reasonably believes that the action is desirable for the proper execution of the powers described in this subsection, and for the keeping of records about that action;
(10)        to operate, buy, sell, enlarge, reduce, or terminate an ownership interest;
(11)        to put additional capital into an entity or business in which the principal has an interest;
(12)        to join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;
(13)        to sell or liquidate all or part of an entity or business;
(14)        to establish the value of an entity or business under a buy-out agreement to which the principal is a party; and
(15)        to do any other act or acts that the principal can do through an agent in connection with a business operated by the principal that the agent considers desirable or necessary for the furtherance or protection of the interests of the principal.
(f)           In a statutory form power of attorney, the language conferring general authority with respect to insurance transactions shall be construed to mean that, as to a contract of insurance in which the principal has an interest, whether in the state or elsewhere, the principal authorizes the agent to
(1)          continue, pay the premium or assessment on, modify, rescind, release, or terminate any contract of life, accident, health, disability, or liability insurance, or any combination of insurance, procured by or on behalf of the principal before the creation of the agency that insures either the principal or any other person without regard to whether the principal is or is not a beneficiary under the insurance coverage;
(2)          procure new, different, or additional contracts on the life of the principal or protecting the principal with respect to ill health, disability, accident, or liability of any sort, select the amount, the type of insurance contract, and the mode of payment under each policy, pay the premium or assessment on, modify, rescind, release, or terminate a contract so procured by the agent; and designate the beneficiary of the contract of insurance, except that the agent cannot be the beneficiary unless the agent is spouse, child, grandchild, parent, brother, or sister of the principal;
(3)          apply for and receive a loan on the security of the contract of insurance, whether for the payment of a premium or for the procuring of cash; surrender and receive the cash surrender value; exercise an election as to beneficiary or mode of payment, change the manner of paying premiums, change or convert the type of insurance contract with respect to any insurance that the principal has, or claims to have, as to any power described in this subsection; and change the beneficiary of a contract of insurance, except that the agent cannot be the new beneficiary unless the agent is spouse, child, grandchild, parent, brother, or sister of the principal;
(4)          demand, receive, or obtain money or any other thing of value to which the principal is, or may become, or may claim to be entitled as the proceeds of a contract of insurance or of one or more of the transactions enumerated in this subsection; conserve, invest, disburse, or use anything received for purposes enumerated in this subsection and reimburse the agent for expenditures properly made in the execution of the powers conferred by the statutory form power of attorney;
(5)          apply for and procure available government aid in the guaranteeing or paying of premiums of a contract of insurance on the life of the principal;
(6)          sell, assign, hypothecate, borrow upon, or pledge the interest of the principal in any contract of insurance;
(7)          pay, from the proceeds of an insurance contract or otherwise, compromise, or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or the proceeds of or liability accruing by reason of a tax or assessment;
(8)          agree and contract, in any manner and with any person and on any terms that the agent may select, for the accomplishment of the purposes enumerated in this subsection, and perform, rescind, reform, release, or modify any agreement or contract;
(9)          execute, acknowledge, seal, and deliver any consent, demand, request, application, agreement, indemnity, authorization, assignment, pledge, notice, check, receipt, waiver, or other instrument that the agent considers useful for the accomplishment of a purpose enumerated in this subsection;
(10)        continue, procure, pay the premium or assessment on, modify, rescind, release, terminate, or otherwise deal with any contract of insurance, other than those enumerated in (1) and (2) of this subsection, or any combination of insurance; and do any act with respect to the contract or with respect to its proceeds or enforcement that the agent considers desirable or necessary for the promotion or protection of the interests of the principal;
(11)        prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to a claim existing in favor of, or against, the principal based on or involving an insurance transaction, or intervene in an action relating to an insurance transaction;
(12)        hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent considers the action to be desirable for the proper execution of a power described in this subsection, and for the keeping of records about that action;
(13)        exercise investment powers available under a contract of insurance or annuity; and
(14)        do any other act or acts that the principal can do through an agent in connection with procuring, supervising, managing, modifying, enforcing, and terminating contracts of insurance in which the principal is the insured or has an interest.
(g)          In a statutory form of attorney, the language conferring general authority with respect to estate transactions shall be construed to mean that, with respect to an estate of a decedent, absentee, minor, incompetent, or the administration of a trust or other fund, whether in the state or elsewhere, the principal authorizes the agent
(1)          to the extent that an agent is permitted by law to act for a principal, apply for and procure, in the name of the principal, authority to act as a fiduciary of any sort;
(2)          to the extent that an agent is permitted by law to act for a principal, represent and act for the principal in all ways and in all matters affecting any estate of a decedent, absentee, minor, or incompetent, or any trust or other fund, out of which the principal is entitled, or claims to be entitled, to some share or payment, or with respect to which the principal is a fiduciary;
(3)          to accept, reject, disclaim, receive, give a receipt for, sell, assign, release, pledge, exchange, or consent to a reduction in or modification of, a gift, bequest, devise, inheritance, or any interest in a share in or payment from an estate, trust, or other fund, including an interest in any jointly-owned real or personal property or proceeds from an insurance policy;
(4)          to demand, receive, or obtain money or any other thing of value to which the principal is, or may become, or may claim to be entitled by reason of the death of a person or of any testamentary disposition or trust, or by reason of the administration of the estate of a decedent or absentee, or of a guardianship of a minor or incompetent or the administration of any trust or other fund; initiate, participate in, and oppose a proceeding to ascertain the meaning, validity, or effect of any deed, will, declaration of trust, or other transaction affecting in any way the interest of the principal; initiate, participate in, and oppose a proceeding for the removal, substitution, or surcharge of a fiduciary; conserve, invest, disburse, or use anything received for purposes enumerated in this subsection; and reimburse the agent for expenditures properly made in the execution of the powers conferred by the statutory form powers of attorney;
(5)          to prepare, sign, file, and deliver all reports, compilations of information, returns, or papers with respect to an interest had or claimed by or on behalf of the principal in an estate, trust, or other fund; pay, compromise, or contest, and apply for refunds in connection with a tax or assessment with respect to any interest had or claimed by or on behalf of the principal in an estate, trust, or other fund or by reason of the death of any person, or with respect to property in which the principal had or claimed an interest;
(6)          to agree and contract, in any manner and with any person and on any terms that the agent may select, for the accomplishment of the purposes enumerated in this subsection, and perform, rescind, reform, release, or modify an agreement or contract or any other similar agreement or contract made by or on behalf of the principal;
(7)          to execute, acknowledge, verify, seal, file, and deliver a consent, designation, pleading, notice, demand, election, conveyance, release, assignment, check, pledge, waiver, admission of service, notice of appearance, or any other instrument that the agent considers useful for accomplishment of any of the purposes enumerated in this subsection;
(8)          to submit to arbitration or settle, and propose or accept a compromise with respect to, a controversy or claim that affects the estate of a decedent, absentee, minor, or incompetent, or the administration of a trust or other fund, in any one of which the principal has, or claims to have, an interest, and do any act that the agent considers desirable or necessary to carry out the compromise;
(9)          to hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent considers the action to be desirable for the proper execution of any of the powers described in this subsection, and for the keeping of records about that action; and
(10)        to do any other act or acts that the principal can do through an agent, with respect to the estate of a decedent, absentee, minor, or incompetent, or the administration of a trust or other fund, in any one of which the principal has, or claims to have, an interest with respect to which the principal is a fiduciary.
(h)          In a statutory form power of attorney, the language conferring authority with respect to retirement plans shall be construed to mean that the principal authorizes the agent to
(1)          select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(2)          make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
(3)          establish a retirement plan in the principal's name;
(4)          make contributions to a retirement plan;
(5)          exercise investment powers available under a retirement plan; and
(6)          borrow from, sell assets to, or purchase assets from a retirement plan.
(i)            In a statutory form power of attorney, the language conferring general authority with respect to claims and litigation shall be construed to mean that, as to any claim or litigation, whether arising in the state or elsewhere, the principal authorizes the agent to
(1)          assert and prosecute before any court, administrative board, department, or other tribunal a cause of action, claim, counterclaim, offset, or defense that the principal has, or claims to have, against an individual, partnership, association, corporation, government, or other person or instrumentality, including, by way of illustration, and not of restriction, power to sue for the recovery of land or of any other thing of value, for the recovery of damages sustained by the principal in any manner for damages sustained as a result of the refusal of a third party to honor the power of attorney, for the elimination or modification of tax liability, for an injunction, for specific performance, or for any other relief;
(2)          bring an action to determine adverse claims, intervene or interplead in an action or proceeding, and act in litigation as amicus curiae;
(3)          in connection with any legal action, apply for and, if possible, procure preliminary, provisional, or intermediate relief, and resort to and use any available procedure to obtain and satisfy a judgment, order, or decree;
(4)          in connection with any legal action, perform an act that the principal might perform, including by way of illustration and not of restriction, acceptance of tender, offer of judgment, admission of facts, submission of a controversy on an agreed statement of facts, consent to examination before trial, and generally bind the principal in the conduct of any litigation or controversy that the agent considers desirable;
(5)          submit to arbitration, settle, and propose or accept a compromise with respect to a claim existing in favor of or against the principal, or any litigation to which the principal is or may become or be designated a party;
(6)          waive the insurance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon whom process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, appeal to appellate tribunals, procure and give surety and indemnity bonds that the agent finds desirable or necessary, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument that the agent considers desirable or necessary in connection with the prosecution, settlement, or defense of a claim by or against the principal or of any litigation to which the principal is or may become or be designated a party;
(7)          appear for, represent, and act for the principal with respect to bankruptcy or insolvency proceedings whether of the principal or of some other person, with respect to a reorganization proceeding, or with respect to a receivership or application for the appointment of a receiver or trustee that affects an interest of the principal in any land, chattel, bond, share, commodity interest, or other thing of value;
(8)          hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent reasonably believes the action to be desirable for the proper execution of any of the powers described in this subsection;
(9)          pay, from funds in the agent's control or for the account of the principal, any judgment against the principal or any settlement that may be made in connection with a transaction enumerated in this subsection, and receive and conserve any money or other thing of value paid in settlement of or as proceeds of one or more of the transactions enumerated in this subsection, and receive, endorse, and deposit checks; and
(10)        do any other act or acts that the principal can do through an agent in connection with a claim by or against the principal or with litigation to which the principal is or may become or be designated a party.
(j)            In a statutory form power of attorney, the language conferring general authority with respect to personal relationships is neither dependent on, nor limited by, authority that an agent may or may not have with respect to gifts under AS 13.26.600 - 13.26.695, and shall be construed to mean that, as to real and personal property owned by the principal, whether in the state or elsewhere, the principal authorizes the agent to
(1)          do all acts necessary to maintain the customary standard of living of the spouse, children, other dependents of the principal, whether living when the power of attorney is executed or later born, and individuals whom the principal has customarily supported or indicated the intent to support, including by way of illustration and not by way of restriction, power to provide living quarters by purchase, by lease, or by other contract, or by any payment of the operating costs, including interest, amortization payments, repairs, and taxes, of premises owned by the principal and occupied by the principal's family or dependents, to provide normal domestic help for the operation of the household, to provide usual vacations and usual travel expenses, to provide usual educational facilities, to provide funds for all the current living costs of the spouse, children, and other dependents, including, among other things, shelter, clothing, food, and incidentals, and to make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(2)          provide, whenever necessary, medical, dental, and surgical care, hospitalization, and custodial care for the spouse, children, and other dependents of the principal;
(3)          continue whatever provision has been made by the principal for the principal's spouse, children, and other dependents, with respect to automobiles, or other means of transportation, including by way of illustration, but not by way of restriction, power to license, insure, and replace automobiles owned by the principal and customarily used by the spouse, children, or other dependents of the principal;
(4)          continue whatever charge accounts have been opened for the convenience of the principal's spouse, children, or other dependents, open any new accounts that the agent considers desirable to accomplish the purposes enumerated in this subsection, and pay the items charged on these accounts by a person authorized or permitted by the principal to make the charges;
(5)          continue the discharge of any services or duties assumed by the principal to a parent, relative, or friend of the principal;
(6)          supervise, enforce, defend, or settle any claim by or against the principal arising out of property damages or personal injuries suffered by or caused by the principal, or under any circumstance that the resulting loss will or may fall on the principal;
(7)          continue payments incidental to the membership or affiliation of the principal in a church, club, society, order, or other organization, or continue contributions to the organization;
(8)          demand, receive, or obtain money or any other thing of value to which the principal is or may become or may claim to be entitled as remuneration for services performed, or as a stock dividend or distribution, or as interest or principal upon indebtedness, or as a periodic distribution of profits from any partnership or business in which the principal has or claims an interest, and endorse, collect, or otherwise realize upon an instrument for the payment received;
(9)          prepare, execute, and file all tax, social security, unemployment insurance, and information returns required by the laws of the United States or of any state or subdivision, or of any foreign government; prepare, execute, and file all other papers and instruments that the agent considers desirable or necessary for the safeguarding of the principal against excess or illegal taxation or against penalties imposed for claimed violation of a law or regulation; and pay, compromise, or contest or apply for refunds in connection with a tax or assessment for which the principal is or may be liable;
(10)        use an asset of the principal to perform a power enumerated in this subsection, including by way of illustration and not by way of restriction, power to draw money by check or otherwise from a bank deposit of the principal, to sell land or a chattel, bond, share, commodity interest, or other asset of the principal, to borrow money, and to pledge as security for the loan any asset, including insurance, that belongs to the principal;
(11)        execute, acknowledge, verify, seal, file, and deliver an application, consent, petition, notice, release, waiver, agreement, or other instrument that the agent considers useful to accomplish a purpose enumerated in this subsection;
(12)        prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to a claim existing in favor of, or against, the principal based on or involving a transaction enumerated in this subsection, or intervene in any action or proceeding related to a transaction;
(13)        hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent considers the action to be desirable for the proper execution of any of the powers described in this subsection, and for the keeping of records, about that action;
(14)        do any other act or acts that the principal can do through an agent, for the welfare of the spouse, children, or dependents of the principal or for the preservation and maintenance of the other personal relationships of the principal to a parent, relative, friend, or organization; and
(15)        act as the principal's personal representative under 42 U.S.C. 1320d (Health Insurance Portability and Accountability Act of 1996 and secs. 1171 - 1179, Social Security Act), as amended, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal.
(k)           In a statutory form power of attorney, the language conferring general authority with respect to benefits from government programs or civil or military service shall be construed to mean that, whether the benefits from the government programs or civil or military service have accrued to the principal in the state or elsewhere, the principal authorizes the agent to
(1)          prepare and execute vouchers, applications, requests, forms, and other legal documents in the name of the principal for all benefits, bonuses, dividends, allowances, and reimbursements payable under any government program or military service of the United States, a state, or a subdivision, including allowances and reimbursements for transportation of the individuals described in (j)(1) of this section, and for shipment of their household effects, and receive, endorse, and collect the proceeds of a check payable to the order of the principal drawn on the treasurer or other fiscal officer or depositary of the United States, a state, or a subdivision;
(2)          take possession and order the removal and shipment of property of the principal from any post, warehouse, depot, dock, or other place or storage or safekeeping and execute and deliver any release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument that the agent considers desirable or necessary for that purpose;
(3)          prepare, file, and prosecute the claim of the principal to any benefit or assistance to which the principal is, or claims to be, entitled under the provisions of a statute or regulation of the United States, a state, or a subdivision;
(4)          receive the financial proceeds of a claim of the type described in this subsection; conserve, invest, disburse or use anything received for purposes enumerated in this subsection; and reimburse the agent for expenditures properly made in the execution of the powers conferred by the statutory form power of attorney;
(5)          prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to a claim existing in favor of, or against, the principal based on or involving a benefit from a government program or military service, or intervene in an action relating to a claim;
(6)          hire, discharge, or compensate an attorney, accountant, expert witness, or assistant when the agent considers that action to be desirable for the proper execution of any of the powers described in this subsection;
(7)          enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program; and
(8)          do any other act or acts that the principal can do through an agent, and that the agent considers desirable or necessary to assure to the principal and to the dependents of the principal the maximum possible benefit from the government programs or civil or military service of the United States, a state, or a subdivision.
(l)            [Repealed, Sec. 15 ch 83 SLA 2004].
(m)         In a statutory form power of attorney, the language conferring general authority with respect to records, reports, and statements shall be construed to mean that, with respect to a record, report, or statement concerning the affairs of the principal, whether arising in the state or elsewhere, the principal authorizes the agent to
(1)          keep records of cash received and disbursed for or on account of the principal, of all credits and debits to the account of the principal, and of all transactions affecting the assets and liabilities of the principal;
(2)          prepare, execute, and file all tax, social security, unemployment insurance, and information returns required by the laws of the United States, a state, or a subdivision, or of any foreign government, and prepare, execute, and file all other papers and instruments that the agent considers desirable or necessary for the safeguarding of the principal against excess or illegal taxation or against penalties imposed for claimed violation of a law or regulation;
(3)          prepare, execute, and file a record, report, or statement that the agent considers desirable or necessary for the safeguarding or maintenance of the principal's interest with respect to price, rent, wage, or rationing control, or any other governmental activity;
(4)          hire, discharge, or compensate an attorney, accountant, or assistant when the agent reasonably believes the action to be desirable for the proper execution of the powers described in this subsection; and
(5)          do any other act or acts that the principal can do through an agent in connection with the preparation, execution, filing, storage, or other use of any records, reports, or statements of or concerning the principal's affairs.
(n)          [Repealed by 2016 amendment.]
(o)          In a statutory form power of attorney, the language conferring general authority with respect to all other matters shall be construed to mean that the principal authorizes the person designated in the power of attorney to act as an agent of the principal with respect to
(1)          matters specifically described as other matters in the statutory form power of attorney; and
(2)          any other matter that is not enumerated in or excluded by this section and that the principal can lawfully do through an agent.
(p)          In a statutory form power of attorney, the language conferring general authority with regard to voter registration and absentee ballot requests shall be construed to mean that the principal authorizes the agent to register the principal to vote or request an absentee ballot for the principal.
(q)          In a statutory form power of attorney, unless the power of attorney otherwise provides, the language conferring specific authority with respect to gift transactions shall be construed to mean that the principal authorizes the agent only
(1)          to make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including
(A)          the value and nature of the principal's property;
(B)          the principal's foreseeable obligations and need for maintenance;
(C)          minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;
(D)          eligibility for a benefit, a program, or assistance under a statute or regulation; and
(E)          the principal's personal history of making or joining in making gifts;
(2)          subject to (1) of this subsection, to make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount for each donee not to exceed the annual dollar limits of the federal gift tax exclusion under 26 U.S.C. 2503(b) (Internal Revenue Code), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift under 26 U.S.C. 2513 (Internal Revenue Code), as amended, in an amount for each donee not to exceed twice the annual federal gift tax exclusion limit; in this paragraph, "presently exercisable general power of appointment," with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate; the term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period; the term does not include a power exercisable in a fiduciary capacity or only by will; and
(3)          subject to (1) of this subsection, to consent, under 26 U.S.C. 2513 (Internal Revenue Code), as amended, to the splitting of a gift made by the principal's spouse in an amount for each donee not to exceed the aggregate annual gift tax exclusions for both spouses.
Cite as AS 13.26.665
 
History. Amended by SLA 2016, ch. 50, sec. 28, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 17, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 16, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 15, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 14, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 13, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 12, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 11, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 10, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 9, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 8, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.344 but was renumbered by the revisor of statutes.
 
 
§ 13.26.670. [Renumbered from 13.26.347] 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 AS 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.
Cite as AS 13.26.670
 
History. Amended by SLA 2016, ch. 50, sec. 18, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.347 but was renumbered by the revisor of statutes.
 
 
§ 13.26.675. [Renumbered from 13.26.350] 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.
Cite as AS 13.26.675
 
History. Amended by SLA 2016, ch. 50, sec. 19, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.350 but was renumbered by the revisor of statutes.
 
 
§ 13.26.680. [Renumbered from 13.26.353] 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 by 2016 amendment.]
Cite as AS 13.26.680
 
History. Amended by SLA 2016, ch. 50, sec. 28, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 21, eff. 1/1/2017.
 
Amended by SLA 2016, ch. 50, sec. 20, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.353 but was renumbered by the revisor of statutes.
 
 
§ 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.
Cite as AS 13.26.695
 
History. Added by SLA 2016, ch. 50, sec. 26, eff. 1/1/2017.
 
Editor's Note: This section was originally numbered as 13.26.359 but was renumbered by the revisor of statutes.