2023 Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney
Article 5. Powers of Attorney.
Sec. 13.26.635. Judicial relief.

Universal Citation:
AK Stat § 13.26.635 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

(a) The following persons may petition a court in accordance with the provisions of AS 13.26.401 - 13.26.595 to construe a power of attorney, review the agent's conduct, and grant appropriate relief:

(1) the principal or the agent;

(2) the principal's attorney or other legal representative;

(3) a guardian, conservator, or other fiduciary acting for the principal;

(4) a person authorized to make health care decisions for the principal;

(5) the principal's spouse, parent, or descendant;

(6) an individual who would qualify as a presumptive heir of the principal;

(7) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;

(8) the Department of Health, the Department of Administration, the office of the long term care ombudsman, or other governmental agency having statutory authority to protect the welfare of the principal;

(9) the principal's caregiver, custodian, or another person that demonstrates sufficient interest in the principal's welfare; and

(10) a person asked to accept the power of attorney.

(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.

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