Living Wills and Advance Directives in Alaska

Alaska uses an "advance health care directive." An adult may give individual health care instructions, which may be oral or written and may be limited to take effect only if a stated condition arises. The statute includes an optional sample Advance Health Care Directive form that may be copied, modified, or replaced by another form that meets the law, including the mandatory witnessing rules. When a written directive includes a durable power of attorney for health care, it must be dated, signed, and either witnessed by two adults personally known to the person or acknowledged before a notary in Alaska.

Alaska calls it a "durable power of attorney for health care." It may let the agent make any health care decision the person could make and stays in effect after incapacity. It must be in writing, dated, signed by the principal, and either signed by two witnesses personally known to the principal or acknowledged before a notary public in Alaska. The agent, and health care providers or employees at the facility where the person receives care, cannot be witnesses, and at least one witness must be neither a relative nor someone who would inherit. Unless related to the principal, the agent cannot be an owner, operator or employee of the facility where the principal receives care. The agent's authority starts only when the principal is found to lack capacity unless the document says otherwise. The optional statutory form covers this appointment.