(a) The death or incapacity of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the death or incapacity of the principal, acts in good faith under the power of attorney. Action so taken, unless otherwise invalid or unenforceable, binds the principal and the heirs, devisees, and personal representatives of the principal.
(b) An affidavit executed by the agent stating that the agent did not have, at the time of doing an act under the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death or incapacity, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power of attorney at that time. If the exercise of the power of attorney requires execution and delivery of an instrument that is recordable, the affidavit when authenticated for record is likewise recordable.
(c) A special power of attorney created before September 4, 1988, shall be construed to grant the agent the powers set out in that special power of attorney.
Structure 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. 13.26.600. Execution of power of attorney.
Sec. 13.26.605. Agent's acceptance and liability.
Sec. 13.26.610. Agent's duties.
Sec. 13.26.615. Acceptance of power of attorney.
Sec. 13.26.620. Termination of power of attorney; agent's resignation; notice.
Sec. 13.26.625. Powers of attorney not revoked until notice of death or incapacity.
Sec. 13.26.630. Powers of attorney held by public home care providers.
Sec. 13.26.635. Judicial relief.
Sec. 13.26.640. Relationship to other laws.
Sec. 13.26.645. Statutory form power of attorney.
Sec. 13.26.650. Additional optional provisions to statutory form power of attorney.
Sec. 13.26.655. Completion of statutory form power of attorney.
Sec. 13.26.660. Applicability of provisions of statutory form power of attorney.
Sec. 13.26.665. Interpretation of provisions in statutory form power of attorney.
Sec. 13.26.670. Validity of modified statutory form power of attorney.
Sec. 13.26.675. When statutory form power of attorney is not affected by incapacity of principal.
Sec. 13.26.680. Provisions applicable to statutory form power of attorney.