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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 26. Protection of Persons Under Disability and Their Property; Powers of Attorney
- Section 350. When Statutory Form Power of Attorney is Not Affected By Disability or Incompetence of Principal.
previous: Section 347
. Validity of Modified Statutory Form Power of Attorney.
next: Section 353
. Provisions Applicable to Statutory Form Power of Attorney.
AS 13.26.350. When Statutory Form Power of Attorney is Not Affected By Disability or Incompetence of Principal.
- (a) The subsequent disability or incompetence of a principal does not revoke or terminate the authority of an
attorney-in-fact 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 disability of the principal," or contains the words "This
power of attorney shall not be affected by the subsequent disability 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 disability, incompetence, or uncertainty as to whether the principal is dead or alive.
- (b) An act done by an attorney-in-fact under a power granted in a power of attorney under AS 13.26.332
- 13.26.344 during a period of disability,
incompetence, 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 the
principal were competent and not disabled. If a conservator is later appointed for the principal, during the
continuance of the appointment the attorney-in-fact shall account to the conservator rather than to the principal. The
conservator has the same power the principal would have if the principal were not disabled or incompetent to revoke,
suspend, or terminate the power of attorney.
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