Alaska: Health Care Power of Attorney Requirements
The short answer
An Alaska durable power of attorney for health care must be in writing, dated, and signed by you, and then either signed by two witnesses who personally know you or acknowledged before an Alaska notary public. If you use two witnesses, at least one must be someone unrelated to you who is not in line to inherit from you. By default your agent can act only after your primary physician determines you lack capacity.
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This is the general rule in Alaska. Ezel applies current Alaska law to your specific facts and answers with citations to the statutes.
| Governing law & document | Alaska Health Care Decisions Act, AS 13.52.010–13.52.395 (Title 13, ch. 52). Alaska uses a single combined "advance health care directive" — an individual instruction (the living will), a durable power of attorney for health care, or both (§ 13.52.390(1)). The agent-appointment component is the "durable power of attorney for health care." The Act supplies an optional sample form (§ 13.52.300). |
|---|---|
| Who can sign | An adult may execute a durable power of attorney for health care (§ 13.52.010(b)). It "must be in writing, contain the date of its execution, be signed by the principal," and be witnessed by one of the two methods below. Capacity is the ability to receive and evaluate information effectively and to make and communicate health care decisions (§ 13.52.390(8)). A separately valid individual instruction stays valid even if the power itself fails the witnessing rules (§ 13.52.010(l)). |
| Witnesses or notary | A choice (§ 13.52.010(b)): the power must be either (1) "signed by at least two individuals who are personally known by the principal," each witnessing the signing or the principal's acknowledgment, OR (2) "acknowledged before a notary public at a place in this state." A notary alone is enough — no witnesses are then required. If the two-witness route is used, at least one witness must be disinterested (§ 13.52.010(e)). The document must also be dated (§ 13.52.010(b)). |
| Who can't witness or serve | Witnesses (two-witness route): may not be a health care provider employed at the institution or facility where the principal is receiving care, an employee of that provider or facility, or the agent (§ 13.52.010(d)); and at least one witness must be someone not related to the principal by blood, marriage, or adoption and not entitled to a share of the principal's estate under a will/codicil or by operation of law (§ 13.52.010(e)). Agent: unless related to the principal by blood, marriage, or adoption, the agent may not be an owner, operator, or employee of the health care institution where the principal is receiving care (§ 13.52.010(c)). |
| When the agent can act | Springing by default, unless the document specifies otherwise: "the authority of an agent becomes effective only upon a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has recovered capacity" (§ 13.52.010(f)). The primary physician makes that determination — except in the case of mental illness, where a court makes it unless the situation is an emergency (§ 13.52.010(g)). |
| Agent's powers & limits | Broad: the agent may make "any health care decision the principal could have made while having capacity" (§ 13.52.010(b)), following the principal's instructions and known wishes, otherwise the principal's best interest (§ 13.52.010(h)). A "health care decision" expressly includes directing the provision, withholding, or withdrawal of artificial nutrition and hydration (in accord with accepted standards) and even psychotropic medication, electroconvulsive treatment, and admission to a mental health facility (§ 13.52.390(18)) — no separate end-of-life grant is required. But mental-illness capacity determinations go to a court rather than a physician (§ 13.52.010(g)), and heightened findings govern a directive during mental illness (§ 13.52.020(c)). |
| How to revoke | The agent designation may be revoked "only by a signed writing or by personally informing the supervising health care provider" (§ 13.52.020(a)); the rest of a directive may be revoked at any time and in any manner communicating intent (§ 13.52.020(b)). A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a spouse-agent unless the decree or the power says otherwise (§ 13.52.020(e)), and a later directive revokes an earlier one to the extent of the conflict (§ 13.52.020(f)). Special heightened rules apply in the case of mental illness (§ 13.52.020(c)). |
| Out-of-state directives | Narrower than many states: an advance health care directive — including one "made in compliance with the laws of another state" — "is valid for purposes of this chapter if it complies with this chapter, regardless of where or when it was executed or communicated" (§ 13.52.010(k)). Alaska honors an out-of-state directive only if it also satisfies Alaska's own requirements, not merely because it was valid where signed. |
Compare this rule across all 50 states + DC →
Alaska's health care power of attorney lives in the Alaska Health Care
Decisions Act, AS 13.52.010–13.52.395. Alaska packages advance planning into a
single advance health care directive that can hold an "individual
instruction" (the living will), a durable power of attorney for health care,
or both (§ 13.52.390(1)). This page is about the durable power of attorney — the
part that names an agent to make medical decisions for you when you cannot.
Two things stand out in Alaska. First, execution is a choice: two witnesses
or a notary. Second, Alaska is unusually strict about out-of-state
directives — it recognizes one only if it also meets Alaska's own rules.
Requirements one by one
Governing law and document
The Act supplies an optional sample form at § 13.52.300, but you are not
required to use it — any writing that meets § 13.52.010 works. Because the
directive can combine your agent appointment with your treatment instructions,
Alaska even provides a safety net: an individual instruction that is valid on its
own stays valid "even if the ... durable power of attorney does not meet the
witnessing or other requirements" (§ 13.52.010(l)). In other words, a witnessing
mistake can void the agent appointment without wiping out your written
treatment wishes.
Who can sign
An adult may execute a durable power of attorney for health care
(§ 13.52.010(b)). The document "must be in writing, contain the date of its
execution, be signed by the principal," and then be witnessed one of the two
ways below. "Capacity" here means your ability "to receive and evaluate
information effectively and to make and effectively communicate health care
decisions" (§ 13.52.390(8)).
Witnesses or notary
You choose one of two methods (§ 13.52.010(b)):
- Two witnesses who are "personally known by the principal," each of whom
watched you sign or watched you acknowledge your signature; or - A notary public — the document is "acknowledged before a notary public at
a place in this state."
A notary alone is a complete alternative; if you notarize, you do not also need
two witnesses. If you use the two-witness route, at least one of those
witnesses must be disinterested (see below). And in either case, date the
document — an undated power does not meet § 13.52.010(b).
Who can't witness or serve
If you use witnesses, a witness may not be a health care provider employed at
the institution or facility where you are receiving care, an employee of that
provider or facility, or your agent (§ 13.52.010(d)). On top of that, at least
one witness must be someone who is not related to you by blood, marriage, or
adoption and not entitled to part of your estate under a will, codicil, or by
law (§ 13.52.010(e)). Note that only one witness has to clear that
disinterested bar — the other may be a relative.
Your agent faces one categorical restriction: unless the person is related
to you by blood, marriage, or adoption, your agent "may not be an owner,
operator, or employee of the health care institution at which the principal is
receiving care" (§ 13.52.010(c)).
When the agent can act
By default the authority is springing. "Unless otherwise specified in the
durable power of attorney for health care, the authority of an agent becomes
effective only upon a determination that the principal lacks capacity"
(§ 13.52.010(f)). Because it says "unless otherwise specified," you may write in
that your agent acts immediately. Ordinarily your primary physician makes the
capacity determination — but "in the case of mental illness," a court makes
it unless the situation is an emergency (§ 13.52.010(g)).
Agent's powers and limits
Once effective, your agent may make "any health care decision the principal could
have made while having capacity" (§ 13.52.010(b)), following your instructions and
known wishes and otherwise your best interest (§ 13.52.010(h)). Alaska's
definition of a "health care decision" is broad: it expressly includes directing
the provision, withholding, or withdrawal of artificial nutrition and
hydration (in accord with accepted standards), and even psychotropic
medication, electroconvulsive treatment, and admission to a mental health
facility (§ 13.52.390(18)). So an Alaska agent's authority over life support and
tube feeding is built in — you would limit it in the document rather than have
to grant it separately. The Act's main structural limit is procedural: anything
turning on mental illness — determining capacity, or revoking a directive —
runs through a court or heightened medical findings rather than a single
physician (§§ 13.52.010(g), 13.52.020(c)).
How to revoke
Alaska treats the agent designation more formally than the rest of the directive.
You may revoke "the designation of an agent only by a signed writing or by
personally informing the supervising health care provider" (§ 13.52.020(a)).
Everything else in the directive you may revoke "at any time and in any manner
that communicates an intent to revoke" (§ 13.52.020(b)). A divorce, annulment,
dissolution, or legal separation revokes a spouse-agent unless the decree or the
power says otherwise (§ 13.52.020(e)), and a newer directive overrides an older
one to the extent they conflict (§ 13.52.020(f)).
Out-of-state directives
Here Alaska is stricter than most states. A directive "made in compliance with
the laws of another state ... is valid for purposes of this chapter if it
complies with this chapter, regardless of where or when it was executed"
(§ 13.52.010(k)). So Alaska honors an out-of-state directive only if it also
satisfies Alaska's own requirements — being valid in the state where you signed
it is not, by itself, enough.
What trips people up
- A notary alone is enough — you do not also need two witnesses. Section
13.52.010(b) offers an either/or. Some forms (and some templates) treat two
witnesses as mandatory and the notary as an optional extra; that over-states
Alaska law. Either route validates the document. - Only one witness has to be disinterested. When you use witnesses, at least
one must be unrelated to you and not an heir (§ 13.52.010(e)) — but the second
witness can be a relative. Do not assume both must be strangers. - An out-of-state form may not work in Alaska. Because § 13.52.010(k)
measures validity against Alaska's own chapter, a directive that satisfied a
one-witness state may fall short here. If you move to or spend significant time
in Alaska, re-execute to Alaska's standard. - Canceling your agent takes a writing or a word to your provider. Tearing up
a copy can revoke your treatment instructions, but the agent designation is
revoked only "by a signed writing or by personally informing the supervising
health care provider" (§ 13.52.020(a)).
Common questions
Does an Alaska health care power of attorney have to be notarized?
No. You can either have two qualified witnesses sign or acknowledge it before an
Alaska notary — your choice (§ 13.52.010(b)).
Can both of my witnesses be family members?
No. At least one witness must be unrelated to you and not someone who would
inherit from you (§ 13.52.010(e)). The other witness may be a relative.
Will the form I signed in another state be honored in Alaska?
Only if it also meets Alaska's requirements. Alaska recognizes an out-of-state
directive when it "complies with this chapter" (§ 13.52.010(k)), not merely
because it was valid where you signed it.
Can my agent decide to stop life support or tube feeding?
Yes, by default. Directing whether to provide, withhold, or withdraw artificial
nutrition and hydration is part of a "health care decision" your agent may make
(§ 13.52.390(18)), unless you limit that power in the document.
Statutes and sources
- AS 13.52.010 — execution of the durable power of attorney for health care:
writing, date, signature, two-witness-or-notary choice, disqualified witnesses
and agents, when authority becomes effective, and out-of-state recognition.
https://law.justia.com/codes/alaska/title-13/chapter-52/section-13-52-010/ (accessed 2026-07-16) - AS 13.52.020 — revocation: the agent designation by signed writing or by
telling the supervising provider, other parts in any manner, and revocation of
a spouse-agent on divorce.
https://law.justia.com/codes/alaska/title-13/chapter-52/section-13-52-020/ (accessed 2026-07-16) - AS 13.52.390 — definitions, including "capacity," "health care," and a
"health care decision" covering artificial nutrition and hydration.
https://law.justia.com/codes/alaska/title-13/chapter-52/section-13-52-390/ (accessed 2026-07-16)
Source links
Every statute quoted above, linked, with the date we checked it.
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