(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.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 56. Supported Decision-Making Agreements
Sec. 13.56.010. Agreements authorized.
Sec. 13.56.020. Eligibility of supporters.
Sec. 13.56.030. Contents of agreement.
Sec. 13.56.040. Requirements for validity.
Sec. 13.56.050. Declarations by supporters.
Sec. 13.56.070. Term of agreement.
Sec. 13.56.080. Termination of agreement.
Sec. 13.56.090. Duties of supporter.
Sec. 13.56.100. Decision-making assistance of supporter.
Sec. 13.56.110. Prohibited activities.
Sec. 13.56.120. Confidentiality, handling, and disposal of information.
Sec. 13.56.130. Recognition of decisions and requests.
Sec. 13.56.140. Limitation of liability.
Sec. 13.56.150. Capability and capacity.
Sec. 13.56.160. Principal's affairs.
Sec. 13.56.170. Support services.
Sec. 13.56.180. Form for supported decision-making agreement.