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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 56. Supported Decision-Making Agreements
- Section 140. Limitation of Liability.
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Section 130. Recognition of Decisions and Requests.
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Section 150 Capability and Capacity.
AS 13.56.140. Limitation of Liability.
(a) A person who, in good faith, either acts in reliance on an authorization in a supported decision-making agreement or declines to honor
an authorization in a supported decision-making agreement is not subject to civil or criminal liability or to discipline for unprofessional
conduct for
(1) complying with an authorization in a supported decision-making agreement, if the person is complying based on an assumption that
the underlying supported decision-making agreement was valid when made and has not been terminated under AS 13.56.080;
(2) declining to comply with an authorization in a supported decision-making agreement if the person is declining based on actual
knowledge that the supported decision-making agreement is invalid or has been terminated under AS 13.56.080;
(3) declining to comply with an authorization related to health care in a supported decision-making agreement, if the person is
declining because the action proposed to be taken under the supported decision-making agreement is contrary to the good faith medical judgment
of the person or to a written policy of a health care institution that is based on reasons of conscience.
(b) In this section, “good faith” means honesty in fact and the observance of reasonable standards of fair dealing.
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