Powers of Attorney & Your Disability Planning Team

In Alaska, there are essentially two different types of powers of attorney. First, the Durable Power of Attorney whereby you grant another person the legal authority to manage all or some of your financial affairs. The second power of attorney document is the Alaska Advance Health Care Directive which allows you to name an agent who will make health care decisions for you when you are not able to make such decisions for yourself. Essentially, both types of powers of attorney are legal documents that grant legal rights and powers by a person (the “principal”) to another (the “agent” or “attorney-in-fact”) to make decisions on behalf of the principal. The agent has the obligation to make decisions based upon the preferences of the principal and the authority granted in the document.  It is also prudent to appoint a successor agent to serve as your agent in the event your first choice cannot serve due to death, incapacity, resignation or refusal to accept the appointment as your agent. 

The Alaska Durable Power of Attorney is a very comprehensive and can be used to grant either a very broad scope or limited powers, depending upon the principal’s wishes. The basic concept behind granting such authority is to keep your bills paid and the wheels of commerce moving forward during your debilitating event. You, as the principal, is to be advised that it is best to appoint an agent with a financial skillset since your agent can do whatever the principal can do – withdraw funds from a bank account, pay bills, cash checks – except as may be limited in the power of attorney. 

The Durable Power of Attorney may take effect in two different circumstances – either immediately as soon as the Principal signs it or only upon the disability of the Principal. Additionally, you can change your mind and revoke your Durable Power of Attorney at any time, so long as you have the capacity to do so.

The Alaska Advance Health Care Directive is a legal document that tell medical professionals and others about your desires concerning medical treatment, end of life, organ and tissue donation and the location of your medical records when you have experienced a health care event and you can no longer speak for yourself. The Alaska Advance Health Care Directive expresses your preferences concerning how you wish to be treated in the event you have a terminal illness or are in a permanent vegetative state and are unable to speak for yourself. In such circumstances, medical professionals have determined they can take no actions that will cure or improve your condition and life sustaining procedures may prolong but not overcome your impending death. The Alaska Advance Health Care Directive is a multi-part document where you can express your preference concerning life sustaining treatment, whether to accept or withhold artificial nutrition and hydration and to express your preferences whether you choose to donate your organs and/or tissues at the time of your death.  Lastly, the Health Directive lists your primary and any specialty physician so your medical records can be located for a historical review during a health care event. 

Both the Durable Power of Attorney and Alaska Advance Health Care Directive are essential elements to your comprehensive estate plan and a critical component in the journey of achieving your peace of mind.