Alaska § 13.28.040 - Obligation to accept substitute decision-making document.
Full text of Alaska Alaska Statutes § 13.28.040 — Obligation to accept substitute decision-making document., with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Alaska § 13.28.040
What does Alaska Statutes § 13.28.040 cover?
Section 13.28.040 ("Obligation to accept substitute decision-making document.") is part of the Alaska Statutes, the codified statutory law of Alaska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alaska § 13.28.040?
A common citation format is "Alaska Statutes § 13.28.040" (Alaska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alaska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alaska official source linked on this page or consult a licensed Alaska attorney.
How does Alaska § 13.28.040 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alaska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alaska.