Alaska Statutes: AS 13.28.040. Obligation to Accept Substitute Decision-Making Document.

Alaska Statutes. Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts. Chapter 28. Uniform Recognition of Substitute Decision-Making Documents Section 040. Obligation to Accept Substitute Decision-Making Document.

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AS 13.28.040. Obligation to Accept Substitute Decision-Making Document.

   (a) Except as otherwise provided in (b) of this section or by a law of this state other than this chapter, a person shall, within a reasonable time, accept a substitute decision-making document that purportedly meets the validity requirements of AS 13.28.010 and may not require an additional or different form of document for authority granted in the document presented.
   (b) A person is not required to accept a substitute decision-making document if
        (1) the person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;
        (2) the person has actual knowledge of the termination of the decision maker's authority or the document;
        (3) the person's request under AS 13.28.030(b) for the decision maker's assertion of fact, a translation, or an opinion of counsel is refused;
        (4) the person in good faith believes that the document is not valid or that the decision maker does not have the authority to request a particular transaction or action; or
        (5) the person makes, or has actual knowledge that another person has made, a report to the office of the Department of Health that administers adult protective services stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation, or abandonment by the decision maker or a person acting for or with the decision maker.
   (c) A person that, in violation of this section, refuses to accept a substitute decision-making document is subject to
        (1) a court order mandating acceptance of the document; and
        (2) liability as provided by the court rules of this state for attorney fees and costs incurred in an action or proceeding that mandates acceptance of the document.

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