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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 353. Provisions Applicable to Statutory Form Power of Attorney.
previous: Section 350
. When Statutory Form Power of Attorney is Not Affected By Disability or Incompetence of Principal.
next: Section 356
. Powers of Attorney Not Revoked Until Notice of Death or Disability.
AS 13.26.353. Provisions Applicable to Statutory Form Power of Attorney.
- (a) For purposes of AS 13.26.332
- (1) the disability of a principal shall be established by affidavit stating that the principal's ability to receive and
evaluate information, or to communicate decisions, is impaired as a 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;
- (2) the affidavit shall be signed by two physicians or similarly qualified medical professionals who have personally
examined the principal; 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 so states.
- (b) A third party who relies on the reasonable representations of an attorney-in-fact designated under AS 13.26.332
- 13.26.344 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 attorney-in-fact to exercise the authority granted
by the power of attorney.
- (c) A third party shall honor the terms of a properly executed statutory form power of attorney. A third party who fails
to honor a properly executed statutory form power of attorney may be liable in a civil action to the principal, the
attorney-in-fact, or the principal's heirs, assigns, or estate for a civil penalty not to exceed $1,000, plus the
actual damages, costs, and fees associated with the failure to comply with the statutory form power of attorney. The
civil action shall be the exclusive remedy at law for damages.
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