Health care directive in Alaska: form, signing and who decides

The form, who can witness, who can be your agent and who decides if you have no directive in Alaska.

Checked against official sources: October 31, 2026.

Short answer

Advance health care directive (durable power of attorney for health care and/or individual instructions)

Official form
Advance Health Care Directive
How to sign
Notarized or signed by two adult witnesses
Who decides without a directive
Yes

The document and its form

Document
Advance health care directive (durable power of attorney for health care and/or individual instructions)
Official form
Advance Health Care Directive (optional sample form)Published by Alaska LegislatureVersion: Statutory sample form in AS 13.52.300; it may be modified or another complying form used

You do not have to use it.

Living will

Individual instructions (Part 2 of the advance health care directive)

Part of the directive.

You can give instructions about your own health care, including end-of-life treatment, orally or in writing, and limit them to take effect only if a specified condition arises. They can be part of the same advance health care directive that names your agent.

Law: AS 13.52.300; AS 13.52.010(a)

Signing rules

How to sign

The durable power of attorney for health care must be signed in front of two qualified witnesses who know you, or acknowledged before a notary public in Alaska. Individual instructions can be oral or written; a written instruction that is valid by itself still counts even if the agent part of the same paper was not properly witnessed.

Who signs

Written, dated and signed by you (an adult).

Notary
A notary or witnesses (your choice)
Witnesses
2 (instead of a notary)
Who cannot witness

Witnesses must be personally known to you and must see you sign or acknowledge your signature. A witness cannot be your agent, a health care provider employed at the institution or facility where you are receiving care, or an employee of your health care provider or of that institution or facility. At least one witness must not be related to you by blood, marriage or adoption and must not be entitled to part of your estate under your will or by law. If you use a notary instead, the acknowledgment must be taken at a place in Alaska.

Nursing facilities and special settings

Health care providers employed where you are receiving care, and employees of your provider or that institution or facility, cannot witness. Unless related to you, an owner, operator or employee of the health care institution where you receive care cannot be your agent.

Law: AS 13.52.010(a)-(e), (l)

Who can be your agent and what the agent can do

Who cannot be your agent

Unless related to you by blood, marriage or adoption, an owner, operator or employee of the health care institution where you are receiving care cannot be your agent.

Law: AS 13.52.010(c)

When the agent starts

Unless your directive says otherwise, the agent's authority starts when it is determined that you lack capacity and stops when you recover it. The determination is made by your primary physician, except that for mental illness a court decides (or, in an emergency, the primary physician or another health care provider).

Law: AS 13.52.010(f)-(g)

Decisions an agent cannot make

The agent must follow your instructions and known wishes, otherwise your best interest considering your personal values. Without a clear written expression of your intent, an agent cannot consent to abortion, sterilization, psychosurgery or organ removal unless needed to save your life or prevent serious harm to your health. An agent can consent to admission to a mental health facility only if your written directive expressly allows it, and for no more than 17 days. An agent's decision takes precedence over a guardian's unless a court orders otherwise.

Law: AS 13.52.050; AS 13.52.120(f); AS 13.52.040(b)

Revoking and conflicting documents

Revoking your agent

You can revoke the naming of an agent only by a signed writing or by personally telling your supervising health care provider.

Law: AS 13.52.020(a)

Revoking your instructions

You can revoke all or part of the rest of the directive at any time and in any manner that shows you intend to revoke. For mental health treatment, you can revoke when you have capacity and are competent, and it takes effect when you tell a physician or other provider.

Law: AS 13.52.020(b)-(c)

Telling others

A health care provider, agent, guardian or surrogate who learns of a revocation must promptly tell the supervising health care provider and any institution where you are receiving care.

Law: AS 13.52.020(d)

Divorce ends a spouse's authority
Yes · Divorce rules in Alaska (Divorce Law Map)
Conflicting documents

A later advance health care directive revokes an earlier one to the extent they conflict.

Law: AS 13.52.020(f)

Law: AS 13.52.020

If you have no directive

Who decides without a directive

A surrogate decides only when you have no agent or guardian (or they are not reasonably available) and your primary physician has determined you lack capacity. The surrogate must tell your providers and family that they are acting. If members of the same class disagree, the provider follows the majority; if evenly split, that class and lower classes are disqualified and the primary physician decides after consulting them. You can disqualify anyone from being your surrogate by a signed writing or by telling your supervising provider. Unless related to you, an owner, operator or employee of the facility where you receive care cannot be your surrogate. Surrogates can make mental health treatment decisions only in an emergency, after two physicians (one a psychiatrist) or a physician and a mental health clinician find you lack capacity.

  • An adult you named as surrogate by personally telling your supervising health care provider
  • Your spouse, unless legally separated
  • An adult child
  • A parent
  • An adult brother or sister
  • An adult who has shown special care and concern for you and knows your personal values

Law: AS 13.52.030

Other states, registry and medical orders

Signed in another state

An advance health care directive, including one made under another state's law, is valid in Alaska if it complies with Alaska's chapter, regardless of where or when it was signed. A copy has the same effect as the original.

Law: AS 13.52.010(k); AS 13.52.110

Mental health directive

Alaska's advance health care directive law also covers mental health treatment. Special rules apply: capacity for mental illness is decided by a court except in emergencies, and revocation for mental health treatment takes effect when a competent principal with capacity tells a physician or provider.

Law: AS 13.52.010(g), 13.52.020(c), 13.52.120(f)

Free notice: revoke or change a health care directive

Names and addresses of people and facilities that should know. They go into your letter only.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

Free help in Alaska

Report abuse or exploitation

Alaska Department of Health, Adult Protective Services · 907-269-3666

Questions about powers of attorney in Alaska

How do I sign a health care directive in Alaska?

The durable power of attorney for health care must be signed in front of two qualified witnesses who know you, or acknowledged before a notary public in Alaska. Individual instructions can be oral or written; a written instruction that is valid by itself still counts even if the agent part of the same paper was not properly witnessed.

Who decides my health care if I have no directive in Alaska?

A surrogate decides only when you have no agent or guardian (or they are not reasonably available) and your primary physician has determined you lack capacity. The surrogate must tell your providers and family that they are acting.

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