Power of Attorney Acceptance and Refusal Rules in Alaska

At a glance

Requirements one by one

Covered power and response

Alaska requires a power executed in the state to be signed by the principal, or a directed signer in the stated circumstances, and acknowledged before a notary or other authorized acknowledger (§ 13.26.600(a)). Subject to § 13.26.615(e), a person must accept an acknowledged power or request permitted material no later than 5 business days after presentation (§ 13.26.615(d)(1)).

Supporting requests and later response

A recipient may request an agent’s certification under penalty of perjury, an English translation when the power contains another language, or a counsel opinion on a legal matter with the request reason in a writing or other record (§ 13.26.615(a)). A translation or opinion is at the principal’s expense unless requested more than 5 business days after presentation (§ 13.26.615(b)). Acceptance generally follows within 3 business days after the material arrives, subject to the refusal grounds (§ 13.26.615(d)(2), (e)).

Refusal and remedy

Exceptions cover transactions the person need not make with the principal, federal-law inconsistency, actual knowledge of termination, refused proof, a good-faith concern about validity or authority, and a specified report to the Department of Health or another government agency (§ 13.26.615(e)). A person refusing in violation of the section is subject to an acceptance order and attorney fees and costs as provided by Alaska court rules in a proceeding confirming validity or mandating acceptance (§ 13.26.615(f)).

What trips people up

A person may not require a different or additional form for authority the presented power already grants (§ 13.26.615(d)(3)). Inconsistent other law applicable to a financial institution or entity controls, subject to the statute’s stated electronic-signature exception (§ 13.26.640(a), (c)).

Common questions

Must a refusal be explained in writing? Section 13.26.615 states no general written-rejection notice. A counsel-opinion request must give its reason in a writing or other record (§ 13.26.615(a)(3)).

Does the initial deadline apply after supporting material arrives? No. The initial period is 5 business days from presentation; after requested material arrives, § 13.26.615(d)(2) specifies 3 business days.

Statutes and sources

Current Alaska Legislature statutes, accessed October 4, 2026.

AS 13.26.600. “Sec. 13.26.600. Execution of power of attorney. (a) A power of attorney executed in this state is valid if the principal (1) signs the power of attorney or, if the principal is physically unable to sign the power of attorney, directs, in the principal's conscious presence, another individual to sign the principal's name on the power of attorney; and (2) acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. (b) Notwithstanding AS 44.50.062 (5)(A), a notary public may consider that the principal has signed a power of attorney if the principal is physically unable to sign the power of attorney, and, in the presence of the notary public, directs another individual to sign under (a)(1) of this section.” Official statute range (accessed October 4, 2026).

AS 13.26.615. “Sec. 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 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.” Official statute range (accessed October 4, 2026).

AS 13.26.640. “Sec. 13.26.640. Relationship to other laws. (a) Except as provided in (c) of this section, AS 13.26.600 — 13.26.695 do not supersede any other law applicable to a financial institution or other entity, and the other law controls if inconsistent with AS 13.26.600 — 13.26.695. (b) The remedies in AS 13.26.600 — 13.26.695 are not exclusive and do not abrogate any right or remedy under the law of this state. (c) AS 13.26.600 — 13.26.695 modify, limit, or supersede 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act), but do not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).” Official statute range (accessed October 4, 2026).