Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions

Sec. 13.36.150. Trustee leasing, buying, or selling to or from itself or a related person. - A trustee, unless expressly authorized by the trust instrument, may...

Sec. 13.36.153. Restrictions on exercising certain trustee powers. - (a) Notwithstanding AS 13.36.107, a trustee who is not an...

Sec. 13.36.155. Permitted sales between trusts held by same corporate trustee. - If the transaction is fair to both trusts and if...

Sec. 13.36.157. Exercise of power of appointment. - (a) An authorized trustee with unlimited discretion to invade trust...

Sec. 13.36.158. Additional provisions relating to exercise of a power of appointment. - (a) An exercise of the power to invade trust principal...

Sec. 13.36.159. Implementation of power of appointment. - (a) Unless the authorized trustee provides otherwise, the appointment of...

Sec. 13.36.160. Corporate trustee buying its own or an affiliate's securities. - A corporate trustee may not purchase for a trust shares...

Sec. 13.36.165. Withdrawals from mingled trust funds. - If a person who is a trustee of two or...

Sec. 13.36.169. Elections to qualify property for marital deduction and generation-skipping transfer tax allocations. - (a) Unless a governing instrument specifically refers to this section...

Sec. 13.36.170. Unenforceable oral trust created by deed. - (a) When an interest in real property is conveyed by...

Sec. 13.36.175. Action on contract against trustee in representative capacity. - (a) When a trustee makes a contract that is within...

Sec. 13.36.180. Exoneration or reimbursement for tort. - (a) A trustee who has incurred personal liability for a...

Sec. 13.36.185. Tort liability of trust. - (a) If a trustee or a predecessor of the trustee...

Sec. 13.36.190. Personal liability for tort committed by trustee. - A trustee may be held personally liable for a tort...

Sec. 13.36.192. Power of settlor of trust. - (a) The settlor of a trust affected by AS 13.36.105...

Sec. 13.36.194. Power of beneficiary of trust. - A beneficiary of a trust affected by AS 13.36.105 -...

Sec. 13.36.196. Relieving trustee of duties, restrictions, and liability; power of the court. - A court of competent jurisdiction may, for cause shown and...

Sec. 13.36.198. Consequences of violations. - If a trustee violates a provision of AS 13.36.105 -...

Sec. 13.36.215. Definitions. - (a) In AS 13.36.105 - 13.36.220, unless the context or...

Sec. 13.36.220. Short title. - AS 13.36.105 - 13.36.220 may be cited as the Alaska...

Article 4. Alaska Uniform Prudent Investor Act.

Sec. 13.36.225. Prudent investor rule. - (a) Except as otherwise provided in (b) of this section...

Sec. 13.36.230. Standard of care; portfolio strategy; risk and return objectives. - (a) A trustee shall invest and manage trust assets as...

Sec. 13.36.235. Diversification. - A trustee shall diversify the investments of the trust unless...

Sec. 13.36.240. Duties at inception of trusteeship. - Within a reasonable time after accepting a trusteeship or receiving...

Sec. 13.36.245. Loyalty. - A trustee shall invest and manage the trust assets solely...

Sec. 13.36.250. Impartiality. - If a trust has two or more beneficiaries, the trustee...

Sec. 13.36.260. Investment costs. - In investing and managing trust assets, a trustee may only...

Sec. 13.36.265. Reviewing compliance. - Compliance with the prudent investor rule is determined in light...

Sec. 13.36.270. Delegation of investment and management functions. - (a) A trustee may delegate investment and management functions that...

Sec. 13.36.273. Trustee duties relating to insurance. - (a) With respect to a contract for life insurance acquired...

Sec. 13.36.275. Language invoking standard of AS 13.36.225 - 13.36.290. - The following terms or comparable language in the provisions of...

Sec. 13.36.280. Application. - (a) AS 13.36.225 - 13.36.290 apply to trusts existing on...

Sec. 13.36.285. Uniformity of application and construction. - AS 13.36.225 - 13.36.290 shall be applied and construed to...

Sec. 13.36.290. Short title. - AS 13.36.225 - 13.36.290 may be cited as the Alaska...

Article 5. Miscellaneous Provisions.

Sec. 13.36.300. Administration of certain trusts with respect to federal law. - (a) Except as specified in (b) of this section, in...

Sec. 13.36.310. Challenges to trusts. - (a) Except as provided in AS 34.40.110(b), a trust that...

Sec. 13.36.320. Nonqualified persons serving as trustees. - (a) If at least one qualified person serves as trustee...

Sec. 13.36.330. Penalty clause. - A provision in an inter vivos or testamentary trust purporting...

Sec. 13.36.335. Application of special distribution provisions. - The asset distribution provisions of AS 13.16.540 - 13.16.545, 13.16.560,...

Sec. 13.36.338. Presumption of revocability. - (a) Unless a trust is expressly made irrevocable, a trust...

Sec. 13.36.340. Modification and revocation of revocable trusts. - (a) A trust that is revocable by the settlor may...

Sec. 13.36.345. Modification or termination of irrevocable trusts because of unanticipated circumstances. - (a) On petition by a trustee, settlor, or beneficiary, a...

Sec. 13.36.350. Reformation to correct mistakes in irrevocable trusts. - (a) On petition by a trustee, settlor, or beneficiary, a...

Sec. 13.36.355. Construction or modification of trust to achieve settlor's tax objectives. - (a) The terms of a trust shall be construed to...

Sec. 13.36.360. Modification or termination of irrevocable trust by consent. - (a) Except as otherwise provided by this section, on petition...

Sec. 13.36.365. Uneconomical irrevocable trust. - (a) Notwithstanding the other provisions of AS 13.36.338 - 13.36.365,...

Sec. 13.36.368. Claims against revocable trusts. - (a) Whether or not the terms of the trust contain...

Sec. 13.36.370. Trust protector. - (a) A trust instrument may provide for the appointment of...

Sec. 13.36.375. Trustee advisor. - (a) A trust instrument may provide for the appointment of...

Sec. 13.36.390. Definitions. - In this chapter, (1) “party in interest” means, if the...

Chapter 38. Alaska Principal and Income Act

Article 1. Preliminary Provisions; Power to Adjust.

Sec. 13.38.200. Fiduciary duties; general principles. - (a) In allocating receipts and disbursements to or between principal...

Sec. 13.38.210. Trustee's power to adjust. - (a) Subject to (c) and (f) of this section, a...

Sec. 13.38.220. Judicial control of discretionary powers. - (a) A court may not change a fiduciary's decision to...

Article 2. Unitrusts.

Sec. 13.38.300. Power to convert to unitrust. - Unless expressly prohibited by the governing instrument, a trustee may...

Sec. 13.38.310. Judicially approved conversion; beneficiary request for conversion. - (a) A trustee may petition the court to approve the...

Sec. 13.38.320. Factors to be considered. - In deciding whether to exercise the power conferred by AS...

Sec. 13.38.330. Directions after conversion. - (a) After a trust is converted to a unitrust, the...

Sec. 13.38.340. Trustee's discretionary powers regarding unitrust. - The trustee may, in the trustee's discretion, from time to...

Sec. 13.38.350. Unitrust deductions and distributions. - (a) Expenses that would be deducted from income if the...

Sec. 13.38.360. Court orders regarding unitrust. - The trustee or, if the trustee declines to petition the...

Sec. 13.38.370. Effects of conversion. - A conversion to a unitrust does not affect a provision...

Sec. 13.38.380. Prohibited conversions; exception. - (a) A trustee may not convert a trust into a...

Sec. 13.38.390. Permissible conversion where otherwise prohibited. - (a) If AS 13.38.380(a)(3), (4), or (6) applies to a...

Sec. 13.38.400. Reconversion from a unitrust. - A trustee may reconvert a trust that has been converted...

Sec. 13.38.410. Release of power to convert to unitrust. - (a) A trustee may release the power conferred by AS...

Sec. 13.38.420. Express total return unitrusts. - (a) This section applies to a trust that, by its...

Sec. 13.38.430. Power to treat gains as part of distribution of principal. - Unless prohibited by the unitrust's governing instrument or specifically addressed...

Sec. 13.38.435. Definitions. - In AS 13.38.300 - 13.38.435, (1) “smoothing period” means the...

Article 3. Charitable Trust Election.

Sec. 13.38.440. Charitable trust election. - The trustee of a trust held exclusively for charitable purposes...

Sec. 13.38.450. Requirements for making election. - To make an election under AS 13.38.440 - 13.38.490, the...

Sec. 13.38.460. Selection of percentage after charitable trust election. - (a) After a trustee has elected under AS 13.38.440 for...

Sec. 13.38.470. Revocation of charitable trust election. - The trustee may revoke an election to be governed by...

Sec. 13.38.480. Value determination. - For the purposes of applying AS 13.38.440 - 13.38.490, the...

Sec. 13.38.490. Definitions. - In AS 13.38.440 - 13.38.490, except as otherwise expressly stated...

Article 4. Decedent's Estate or Terminating Income Interest.

Sec. 13.38.500. Determination and distribution of net income. - After a decedent dies in the case of an estate,...

Sec. 13.38.510. Distribution to residuary and remainder beneficiaries. - (a) Each beneficiary described in AS 13.38.500(4) is entitled to...

Article 5. Allocation and Payment at Beginning and End of Income Interest.

Sec. 13.38.550. When right to income begins and ends. - (a) An income beneficiary is entitled to net income from...

Sec. 13.38.560. Allocation of receipts and disbursements when decedent dies or income interest begins. - (a) Unless AS 13.38.500(1) applies, a trustee shall allocate an...

Sec. 13.38.570. Payment when income interest ends. - (a) When a mandatory income interest ends, the trustee shall...

Article 6. Allocation of Receipts during Administration of Trust.

Sec. 13.38.600. Allocation of property from entities. - (a) Except as otherwise provided in this section, a trustee...

Sec. 13.38.610. Distribution from trust or estate. - (a) A trustee shall allocate to income an amount received...

Sec. 13.38.620. Business and other activities conducted by trustee. - (a) If a trustee that conducts a business or other...

Sec. 13.38.630. Principal receipts. - A trustee shall allocate to principal any of the following:...

Sec. 13.38.640. Rental property. - (a) To the extent that a trustee accounts for receipts...

Sec. 13.38.650. Obligation to pay money. - (a) An amount received as interest, whether determined at a...

Sec. 13.38.660. Insurance policies and similar contracts. - (a) Except as otherwise provided in (b) or (c) of...

Sec. 13.38.670. Special rules for charitable remainder unitrusts. - Notwithstanding the other provisions of this chapter, if a charitable...

Sec. 13.38.680. Insubstantial allocations not required. - If a trustee determines that an allocation between principal and...

Sec. 13.38.690. Retirement benefits, individual retirement accounts, deferred compensation, annuities, and similar payments. - (a) A trustee shall allocate (1) to income that portion...

Sec. 13.38.700. Liquidating assets. - (a) A trustee shall allocate 10 percent of the receipts...

Sec. 13.38.710. Minerals, water, and other natural resources. - (a) To the extent that a trustee accounts for receipts...

Sec. 13.38.720. Timber. - (a) To the extent that a trustee accounts for receipts...

Sec. 13.38.730. Property not productive of income; marital deduction. - (a) If a federal estate or gift tax marital deduction...

Sec. 13.38.740. Derivatives and options. - (a) To the extent that a trustee does not account...

Sec. 13.38.750. Asset-backed securities. - (a) If a trust receives a payment from interest or...

Article 7. Allocation of Disbursements During Administration of Trust.

Sec. 13.38.800. Mandatory disbursements from income. - A trustee shall make the following disbursements from income: (1)...

Sec. 13.38.810. Mandatory disbursements from principal. - (a) A trustee shall make the following disbursements from principal:...

Sec. 13.38.820. Discretionary allocation of expenses. - Subject to AS 13.38.800 and 13.38.810, a trustee may, in...

Sec. 13.38.830. Transfers to principal for depreciation. - (a) A trustee may transfer to principal a reasonable amount...

Sec. 13.38.840. Transfers from income to reimburse principal. - (a) A trustee may transfer an appropriate amount from income...

Sec. 13.38.850. Income taxes. - (a) A tax required to be paid by a trustee...

Sec. 13.38.860. Adjustments between principal and income because of taxes. - A trustee may make adjustments between principal and income to...

Article 8. General Provisions.

Sec. 13.38.900. Not applicable to mental health trust. - This chapter does not apply to the trust established under...

Sec. 13.38.910. Uniformity of application and construction. - In applying and construing this chapter, consideration shall be given...

Sec. 13.38.980. Definitions. - In this chapter, unless the context clearly indicates otherwise, (1)...

Sec. 13.38.990. Short title. - This chapter may be cited as the Alaska Principal and...

Chapter 41. Uniform Disposition of Community Property Rights at Death

Sec. 13.41.005. Application. - Except as provided by AS 13.06.068, this chapter applies to...

Sec. 13.41.010. Rebuttable presumptions. - Subject to AS 13.06.068, in determining whether this chapter applies...

Sec. 13.41.015. Disposition upon death. - Upon the death of a married person, one-half of the...

Sec. 13.41.020. Perfection of title of surviving spouse. - If the title to any property to which this chapter...

Sec. 13.41.025. Perfection of title of personal representative, heir, or devisee. - If the title to any property to which this chapter...

Sec. 13.41.030. Purchaser for value or lender. - (a) If a surviving spouse has apparent title to property...

Sec. 13.41.035. Creditor's rights. - This chapter does not affect rights of creditors with respect...

Sec. 13.41.040. Acts of married persons. - This chapter does not prevent married persons from severing or...

Sec. 13.41.045. Limitations on testamentary disposition. - This chapter does not authorize a person to dispose of...

Sec. 13.41.050. Uniformity of application and construction. - This chapter shall be so applied and construed as to...

Sec. 13.41.055. Short title. - This chapter may be cited as the Uniform Disposition of...

Chapter 46. Alaska Uniform Transfers to Minors Act

Sec. 13.46.010. Scope and jurisdiction. - (a) This chapter applies to a transfer that refers to...

Sec. 13.46.020. Nomination of custodian. - (a) A person having the right to designate the recipient...

Sec. 13.46.030. Transfer by gift or exercise of power of appointment. - A person may make a transfer by irrevocable gift to,...

Sec. 13.46.040. Transfer authorized by will or trust. - (a) A personal representative or trustee may make an irrevocable...

Sec. 13.46.050. Other transfer by fiduciary. - (a) Subject to (c) of this section, a personal representative...

Sec. 13.46.060. Transfer by obligor. - (a) Subject to (b) and (c) of this section, a...

Sec. 13.46.070. Receipt for custodial property. - A written receipt by a custodian constitutes a sufficient receipt...

Sec. 13.46.080. Manner of creating custodial property and effecting transfer; designation of initial custodian; control. - (a) Custodial property is created and a transfer is made...

Sec. 13.46.085. Native corporations; custodians. - (a) The stock or membership in a corporation organized under...

Sec. 13.46.090. Single custodianship. - A transfer may be made only for one minor, and...

Sec. 13.46.100. Validity and effect of transfer. - (a) The validity of a transfer made in a manner...

Sec. 13.46.110. Care of custodial property. - (a) A custodian shall (1) take control of custodial property;...

Sec. 13.46.120. Powers of custodian. - (a) A custodian, acting in a custodial capacity, has all...

Sec. 13.46.130. Use of custodial property. - (a) A custodian may deliver or pay to the minor...

Sec. 13.46.140. Custodian's expenses, compensation, and bond. - (a) A custodian is entitled to reimbursement from custodial property...

Sec. 13.46.150. Exemption of third person from liability. - A third person in good faith and without court order...

Sec. 13.46.160. Liability to third persons. - (a) A claim based on (1) a contract entered into...

Sec. 13.46.170. Renunciation, resignation, death, or removal of custodian; designation of successor custodian. - (a) A person nominated under AS 13.46.020 or designated under...

Sec. 13.46.180. Accounting by and determination of liability of custodian. - (a) A minor who has attained the age of 14...

Sec. 13.46.190. Termination of custodianship. - The custodian shall transfer in an appropriate manner the custodial...

Sec. 13.46.195. Changing the time for transfer of custodial property. - (a) Subject to the requirements and limitations of this section,...

Sec. 13.46.197. Extension of custodial term by custodian. - (a) A custodian may extend the custodial term under this...

Sec. 13.46.200. Applicability. - This chapter applies to a transfer within the scope of...

Sec. 13.46.210. Effect on existing custodianships. - (a) A transfer of custodial property as defined in this...

Sec. 13.46.220. Uniformity of application and construction. - This chapter shall be applied and construed to effectuate its...

Sec. 13.46.990. Definitions. - In this chapter, (1) “adult” means an individual who has...

Sec. 13.46.999. Short title. - This chapter may be cited as the Alaska Uniform Transfers...

Chapter 48. Uniform Real Property Transfer on Death Act

Sec. 13.48.010. Transfer on death deed authorized. - An individual may transfer property to one or more beneficiaries...

Sec. 13.48.020. Transfer on death deed revocable. - A transfer on death deed is revocable even if the...

Sec. 13.48.030. Transfer on death deed nontestamentary. - A transfer on death deed is nontestamentary.

Sec. 13.48.040. Capacity of transferor. - The capacity required to make or revoke a transfer on...

Sec. 13.48.045. When certain deeds void; challenges to deed. - (a) A transfer on death deed or an instrument revoking...

Sec. 13.48.050. Requirements. - A transfer on death deed (1) except as otherwise provided...

Sec. 13.48.060. Notice, delivery, acceptance, consideration not required. - A transfer on death deed is effective without (1) notice...

Sec. 13.48.070. Revocation by instrument authorized; revocation by act not permitted. - (a) Subject to (b) of this section, an instrument is...

Sec. 13.48.080. Effect of transfer on death deed during transferor's life. - During a transferor's life, a transfer on death deed does...

Sec. 13.48.090. Effect of transfer on death deed at transferor's death. - (a) Except as otherwise provided in the transfer on death...

Sec. 13.48.100. Disclaimer. - A beneficiary may disclaim all or part of the beneficiary's...

Sec. 13.48.110. Liability for creditor claims and statutory allowances. - (a) To the extent the transferor's probate estate is insufficient...

Sec. 13.48.120. Optional form of transfer on death deed. - The following form may be used to create a transfer...

Sec. 13.48.130. Optional form of revocation. - The following form may be used to create an instrument...

Sec. 13.48.140. Nonexclusivity. - The provisions of this chapter do not affect any method...

Sec. 13.48.150. Uniformity of application and construction. - In applying and construing this uniform act, consideration shall be...

Sec. 13.48.160. Relationship to Electronic Signatures in Global and National Commerce Act. - The provisions of this chapter modify, limit, and supersede 15...

Sec. 13.48.190. Definitions. - In this chapter, (1) “beneficiary” means a person who receives...

Sec. 13.48.195. Short title. - This chapter may be cited as the Uniform Real Property...

Chapter 50. Anatomical Gifts Registry

Sec. 13.50.100. Transfer of information. - (a) Except for information on a motor vehicle or identification...

Sec. 13.50.110. Use of transferred information. - (a) A procurement organization that obtains information under AS 13.50.100...

Sec. 13.50.120. Acquisition of other donor information. - A procurement organization may acquire donor information from sources other...

Sec. 13.50.130. Registry costs. - (a) A procurement organization that has requested registry information from...

Sec. 13.50.140. Notification of cancellation. - (a) A donor whose motor vehicle or identification document information...

Sec. 13.50.150. Monetary donation program. - (a) An applicant for a motor vehicle or identification document...

Sec. 13.50.160. Anatomical gift awareness fund. - (a) The anatomical gift awareness fund is established. The fund...

Sec. 13.50.170. Penalty. - A person who knowingly violates AS 13.50.110(b)(1) or (2) is...

Sec. 13.50.190. Definitions. - In this chapter, (1) “department” means the Department of Administration;...

Chapter 52. Health Care Decisions Act

Sec. 13.52.010. Advance health care directives. - (a) Except as provided in AS 13.52.173, an adult may...

Sec. 13.52.020. Revocation of advance health care directive. - (a) Except in the case of mental illness under (c)...

Sec. 13.52.025. Rescission of withdrawal by agent. - A person who has withdrawn as an agent may rescind...

Sec. 13.52.030. Surrogates. - (a) Except in the case of mental health treatment and...

Sec. 13.52.040. Decisions by guardian. - (a) Subject to AS 13.52.183, 13.52.193, and 13.52.203, a guardian...

Sec. 13.52.045. Withholding or withdrawing of life-sustaining procedures. - Notwithstanding any other provision of this chapter, an agent or...

Sec. 13.52.050. Decisions for exceptional procedures. - Unless there is a durable power of attorney for health...

Sec. 13.52.055. Pregnancy. - (a) Before implementing a health care decision for a woman...

Sec. 13.52.060. Obligations of health care providers, institutions, and facilities. - (a) Before implementing a health care decision made for a...

Sec. 13.52.065. Do not resuscitate protocol and identification requirements. - (a) A physician, an advanced practice registered nurse, or a...

Sec. 13.52.070. Health care information. - (a) Unless otherwise specified in an advance health care directive,...

Sec. 13.52.080. Immunities. - (a) A health care provider or health care institution that...

Sec. 13.52.090. Statutory damages. - (a) A health care provider or institution that intentionally violates...

Sec. 13.52.100. Capacity. - (a) This chapter does not affect the right of an...

Sec. 13.52.110. Status of copy. - A copy of a written advance health care directive, revocation...

Sec. 13.52.120. Effect of this chapter. - (a) In the absence of evidence to the contrary of...

Sec. 13.52.130. Prohibited requirements. - As a condition of receiving or being insured for health...

Sec. 13.52.135. Discriminatory treatment prohibited. - When determining the best interest of a patient under this...

Sec. 13.52.140. Judicial relief. - On petition of a patient, the patient's agent, guardian, or...

Sec. 13.52.150. Do not resuscitate orders and identification of other jurisdictions. - A do not resuscitate order or a do not resuscitate...

Sec. 13.52.160. Determination of qualifying condition. - Whether a patient has a qualifying condition under this chapter...

Sec. 13.52.173. Who may make anatomical gift before donor's death. - Subject to AS 13.52.193, an anatomical gift of a donor's...

Sec. 13.52.177. Manner of making anatomical gift before donor's death. - (a) A donor may make an anatomical gift (1) by...

Sec. 13.52.183. Amending or revoking anatomical gift before donor's death. - (a) Except in the case of mental illness under AS...

Sec. 13.52.187. Refusal to make anatomical gift; effect of refusal. - (a) An individual may refuse to make an anatomical gift...

Sec. 13.52.193. Preclusive effect of anatomical gift, amendment, or revocation. - (a) Except as otherwise provided in (g) of this section...

Sec. 13.52.197. Who may make anatomical gift of decedent's body or part. - (a) Subject to (b) and (c) of this section and...

Sec. 13.52.203. Manner of making, amending, or revoking anatomical gift of decedent's body or part. - (a) Notwithstanding AS 13.52.020, a person authorized to make an...

Sec. 13.52.207. Persons who may receive anatomical gift; purpose of anatomical gift. - (a) An anatomical gift may be made to the following...

Sec. 13.52.213. Search and notification. - (a) The following persons shall make a reasonable search of...

Sec. 13.52.217. Delivery of document of gift not required; right to examine. - (a) A document of gift need not be delivered during...

Sec. 13.52.223. Rights and duties of procurement organization and others. - (a) When a hospital refers an individual at or near...

Sec. 13.52.227. Coordination of procurement and use. - A hospital in this state shall enter into agreements or...

Sec. 13.52.233. Sale or purchase of parts prohibited; charges allowed. - (a) Except as otherwise provided in (b) of this section,...

Sec. 13.52.243. Immunity. - (a) Except as provided by AS 13.52.080 and 13.52.090, a...

Sec. 13.52.247. Law governing validity; choice of law as to execution of document of gift; presumption of validity. - (a) Notwithstanding AS 13.52.010(k), a document of gift is valid...

Sec. 13.52.253. Effect of anatomical gift on advance health care directive. - Except as provided by AS 13.52.055, if a prospective donor...

Sec. 13.52.255. Cooperation between coroner, state medical examiner, and procurement organization. - (a) A coroner and a state medical examiner shall cooperate...

Sec. 13.52.257. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner or state medical examiner. - (a) On request of a procurement organization, a coroner or...

Sec. 13.52.263. Relation to Electronic Signatures in Global and National Commerce Act. - AS 13.52.173 - 13.52.267 modify, limit, and supersede 15 U.S.C....

Sec. 13.52.267. Uniformity of application and construction. - In applying and construing AS 13.52.173 - 13.52.263, consideration shall...

Sec. 13.52.268. Definitions for AS 13.52.173 - 13.52.268. - Notwithstanding AS 13.52.390, in AS 13.52.173 - 13.52.268, (1) “adult”...

Sec. 13.52.275. Construction where mental illness. - In the case of mental illness, nothing in this chapter...

Sec. 13.52.290. Severability. - If a provision of this chapter, or the application of...

Sec. 13.52.300. Optional form. - The following sample form may be used to create an...

Sec. 13.52.390. Definitions. - In this chapter, unless the context otherwise requires, (1) “advance...

Sec. 13.52.395. Short title. - This chapter may be cited as the Health Care Decisions...

Chapter 55. Voluntary Nonopioid Directive Act

Sec. 13.55.010. Nonopioid directive; revocation; other requirements. - (a) An individual who is 18 years of age or...

Sec. 13.55.020. Obligations of health care providers and hospitals. - A health care provider, a hospital, or an employee of...

Sec. 13.55.030. Prescriptions presumed valid. - A prescription presented to a pharmacy is presumed to be...

Sec. 13.55.040. Effect of this chapter. - Nothing in this chapter shall be construed to (1) alter...

Sec. 13.55.100. Definitions. - In this chapter, unless the context otherwise requires, (1) “department”...

Sec. 13.55.110. Short title. - This chapter may be known as the Voluntary Nonopioid Directive...

Chapter 56. Supported Decision-Making Agreements

Sec. 13.56.010. Agreements authorized. - (a) Except as provided in (b) and (c) of this...

Sec. 13.56.020. Eligibility of supporters. - A supporter must be an adult, but may not be...

Sec. 13.56.030. Contents of agreement. - (a) A supported decision-making agreement must (1) name one or...

Sec. 13.56.040. Requirements for validity. - A supported decision-making agreement is valid if (1) the agreement...

Sec. 13.56.050. Declarations by supporters. - A supported decision-making agreement must contain a separate declaration by...

Sec. 13.56.060. Witnesses. - (a) Each witness under AS 13.56.040 must be an adult...

Sec. 13.56.070. Term of agreement. - A supported decision-making agreement may indicate the date it becomes...

Sec. 13.56.080. Termination of agreement. - (a) A principal may at any time terminate all or...

Sec. 13.56.090. Duties of supporter. - A supporter shall act with the care, competence, and diligence...

Sec. 13.56.100. Decision-making assistance of supporter. - (a) Except as limited by a supported decision-making agreement, a...

Sec. 13.56.110. Prohibited activities. - A supporter may not (1) exert undue influence on the...

Sec. 13.56.120. Confidentiality, handling, and disposal of information. - A supporter shall keep the information collected by the supporter...

Sec. 13.56.130. Recognition of decisions and requests. - A person shall recognize a decision or request made or...

Sec. 13.56.140. Limitation of liability. - (a) A person who, in good faith, either acts in...

Sec. 13.56.150. Capability and capacity. - (a) In the application of this chapter, a decision that...

Sec. 13.56.160. Principal's affairs. - This chapter applies to decisions related to the following affairs...

Sec. 13.56.170. Support services. - The following are considered support services under this chapter: (1)...

Sec. 13.56.180. Form for supported decision-making agreement. - A supported decision-making agreement must be in substantially the following...

Sec. 13.56.190. Definitions. - In this chapter, unless the context indicates otherwise, (1) “adult”...

Sec. 13.56.195. Short title. - This chapter may be cited as the Supported Decision-Making Agreements...

Chapter 60. Uniform Custodial Trust Act

Sec. 13.60.010. Custodial trust. - (a) A person may create a custodial trust of property...

Sec. 13.60.020. Custodial trustee for future payment or transfer. - (a) A person having the right to designate the recipient...

Sec. 13.60.030. Form and effect of receipt and acceptance by custodial trustee; jurisdiction. - (a) The obligations of a custodial trustee, including the obligation...

Sec. 13.60.040. Transfer to custodial trustee by fiduciary, obligor, or other person; facility of payment. - (a) Unless otherwise directed by an instrument designating a custodial...

Sec. 13.60.050. Multiple beneficiaries; separate custodial trusts; survivorship. - (a) Beneficial interests in a custodial trust created for multiple...

Sec. 13.60.060. General duties of custodial trustee. - (a) If appropriate, a custodial trustee shall register or record...

Sec. 13.60.070. General powers of custodial trustee. - (a) A custodial trustee, acting in a fiduciary capacity, has...

Sec. 13.60.080. Use of custodial trust property. - (a) A custodial trustee shall pay to the beneficiary or...

Sec. 13.60.090. Determination of incapacity; effect. - (a) The custodial trustee shall administer the custodial trust as...

Sec. 13.60.100. Exemption of third person from liability. - A third person in good faith and without a court...

Sec. 13.60.110. Liability to third person. - (a) A claim based on a contract entered into by...

Sec. 13.60.120. Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor custodial trustee. - (a) Before accepting the custodial trust property, a person designated...

Sec. 13.60.130. Expenses, compensation, and bond of custodial trustee. - Except as otherwise provided in the instrument creating the custodial...

Sec. 13.60.140. Reporting and accounting by custodial trustee; determination of liability of custodial trustee. - (a) Upon the acceptance of custodial trust property, the custodial...

Sec. 13.60.150. Limitations of action against custodial trustee. - (a) Except as provided in (c) of this section, and...

Sec. 13.60.160. Distribution and termination. - (a) Except as otherwise provided by AS 13.12.212(e), upon termination...

Sec. 13.60.170. Methods and forms for creating custodial trusts. - (a) If a transaction, including a declaration with respect to...

Sec. 13.60.180. Applicable law. - (a) This chapter applies to a transfer or declaration creating...

Sec. 13.60.190. Uniformity of application and construction. - This chapter shall be applied and construed to effectuate its...

Sec. 13.60.900. Definitions. - In this chapter, (1) “adult” means an individual who is...

Sec. 13.60.990. Short title. - This chapter may be cited as the Alaska Uniform Custodial...

Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act

Sec. 13.63.010. User direction for disclosure of digital assets. - (a) A user may use an online tool to direct...

Sec. 13.63.020. Terms-of-service agreement. - (a) This chapter does not change or impair a right...

Sec. 13.63.030. Procedures for disclosing digital assets. - (a) When disclosing digital assets of a user under this...

Sec. 13.63.040. Disclosure of content of electronic communications of deceased user. - If a deceased user consented or a superior court directs...

Sec. 13.63.050. Disclosure of other digital assets of deceased user. - Unless the user prohibited disclosure of digital assets or the...

Sec. 13.63.060. Disclosure of content of electronic communications of principal. - To the extent a power of attorney expressly grants an...

Sec. 13.63.070. Disclosure of other digital assets of principal. - Unless otherwise ordered by the superior court, directed by the...

Sec. 13.63.080. Disclosure of digital assets held in trust when trustee is original user. - Unless otherwise ordered by the superior court or provided in...

Sec. 13.63.090. Disclosure of contents of electronic communications held in trust when trustee not original user. - Unless otherwise ordered by the superior court, directed by the...

Sec. 13.63.100. Disclosure of other digital assets held in trust when trustee not original user. - Unless otherwise ordered by the superior court, directed by the...

Sec. 13.63.110. Disclosure of digital assets to conservator of protected person. - (a) After an opportunity for a hearing under AS 13.26.401...

Sec. 13.63.120. Fiduciary duty and authority. - (a) The legal duties imposed on a fiduciary charged with...

Sec. 13.63.130. Custodian compliance and immunity. - (a) Not later than 60 days after receipt of the...

Sec. 13.63.140. Uniformity of application and construction. - In applying and construing this chapter, consideration shall be given...

Sec. 13.63.150. Relation to Electronic Signatures in Global and National Commerce Act. - This chapter modifies, limits, or supersedes 15 U.S.C. 7001 -...

Sec. 13.63.160. Digital assets coverage. - In this chapter, a digital asset does not apply to...

Sec. 13.63.170. Application to custodians. - This chapter applies to a custodian if the user resides...

Sec. 13.63.190. Definitions. - In this chapter, (1) “account” means an arrangement under a...

Sec. 13.63.195. Short title. - This chapter may be cited as the Revised Uniform Fiduciary...

Chapter 65. Uniform Prudent Management of Institutional Funds

Sec. 13.65.010. Standard of conduct in managing and investing institutional funds. - (a) Subject to the intent of a donor expressed in...

Sec. 13.65.020. Appropriation for expenditure or accumulation of endowment fund; rules of construction. - (a) Subject to the intent of a donor expressed in...

Sec. 13.65.030. Delegation of management and investment functions. - (a) Subject to a specific limitation set out in a...

Sec. 13.65.040. Release or modification of restrictions on management, investment, or purpose. - (a) With the donor's consent in a record, an institution...

Sec. 13.65.050. Reviewing compliance. - Compliance with this chapter is determined in light of the...

Sec. 13.65.060. Relation to Electronic Signatures in Global and National Commerce Act. - This chapter modifies, limits, and supersedes 15 U.S.C. 7001 -...

Sec. 13.65.070. Application. - If another provision of law or of a governing instrument...

Sec. 13.65.080. Uniformity of application and construction. - In applying and construing this chapter, consideration shall be given...

Sec. 13.65.090. Definitions. - In this chapter, (1) “charitable purpose” means the relief of...

Sec. 13.65.095. Short title. - This chapter may be cited as the Uniform Prudent Management...

Chapter 70. Disclaimer of Property Interests

Sec. 13.70.010. Scope. - This chapter applies to disclaimers of any interest in or...

Sec. 13.70.020. Supplemented by other law. - (a) Unless displaced by a provision of this chapter, the...

Sec. 13.70.030. Power to disclaim; general requirements; when irrevocable. - (a) A person may disclaim, in whole or part, conditionally...

Sec. 13.70.040. Disclaimer of interest in property. - (a) Except for a disclaimer governed by AS 13.70.050 -...

Sec. 13.70.050. Disclaimer of rights of survivorship in jointly held property. - (a) On the death of a holder of jointly held...

Sec. 13.70.060. Disclaimer of interest in property held as a tenancy by the entirety. - (a) The survivorship interest in property that is held as...

Sec. 13.70.065. Disclaimer of interest by trustee. - If a trustee who has the power to disclaim under...

Sec. 13.70.070. Disclaimer of power of appointment or other power not held in fiduciary capacity. - If a holder disclaims a power of appointment or other...

Sec. 13.70.080. Disclaimer by appointee, object, or taker in default of exercise of power of appointment. - (a) A disclaimer of an interest in property by an...

Sec. 13.70.090. Disclaimer of power held in fiduciary capacity. - (a) If a fiduciary disclaims a power held in a...

Sec. 13.70.100. Delivery or filing. - (a) Subject to (b) - (l) of this section, delivery...

Sec. 13.70.110. When disclaimer permitted, barred, or limited. - (a) A disclaimer is permitted unless barred under (b) -...

Sec. 13.70.120. Tax-qualified disclaimer. - (a) Notwithstanding any other provision of this chapter, if, as...

Sec. 13.70.130. Recording of disclaimer. - If an instrument transferring an interest in or power over...

Sec. 13.70.140. Application to existing relationships. - Except as otherwise provided in AS 13.70.110, an interest in...

Sec. 13.70.150. Uniformity of application and construction. - In applying and construing this chapter, consideration must be given...

Sec. 13.70.190. Definitions. - In this chapter, (1) “disclaimant” means the person to whom...

Sec. 13.70.195. Short title. - This chapter may be cited as the Uniform Disclaimer of...

Chapter 75. Disposition of Human Remains

Sec. 13.75.010. Directions by decedent. - (a) A person may provide directions for the disposition of...

Sec. 13.75.020. Persons authorized to control disposition. - (a) The following persons, in the priority listed, may control...

Sec. 13.75.030. Form of disposition document. - A disposition document must be in substantially the following form:...

Sec. 13.75.040. Agent's appointment. - The person appointed as an agent in a disposition document...

Sec. 13.75.050. Exercise of authority. - If a person fails to exercise the person's authority to...

Sec. 13.75.060. Certain persons prohibited from control. - If a person is charged with a felonious killing in...

Sec. 13.75.070. Prohibition of cremation; written instructions. - A person may not authorize cremation for a decedent's remains...

Sec. 13.75.080. Implementation of directions. - (a) The person authorized to control the disposition shall carry...

Sec. 13.75.090. Misrepresentation; liability. - If a person represents that the person knows the identity...

Sec. 13.75.100. Liability. - (a) A disposition organization is not liable for carrying out...

Sec. 13.75.110. Disputes. - (a) A person listed in AS 13.75.020 who is involved...

Sec. 13.75.120. Exemptions. - The disposition of the remains of a member of the...

Sec. 13.75.190. Definitions. - In this chapter, (1) “control” means the authority to control...

Sec. 13.75.195. Short title. - This chapter may be cited as the Disposition of Human...

Chapter 90. Miscellaneous Provisions

Sec. 13.90.010. Investments by fiduciaries. - (a) Notwithstanding other provisions of law, except for AS 13.36.300...

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Alaska Statutes Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions

Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions