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Do I really need a power of attorney?
Many people treat a power of attorney as a backup plan in case they are incapacitated. If you suffer injuries that render you unconscious or mentally incompetent, you need someone to carry on your daily business. A power of attorney allows you to appoint that individual to make financial decisions on your behalf.
If you do not have a power of attorney under these circumstances, your loved ones may need to file a court proceeding called a conservatorship. This process places your property into a court trust and appoints a conservator to manage it. There is no guarantee that the conservator will be the person you would want. It is easier (and less expensive) to execute a power of attorney and know that someone you trust will handle these issues.
People also execute powers of attorney if they are unavailable for long periods. Examples include being deployed as a servicemember or traveling abroad for work or personal reasons. If you do not have someone handling matters at home, you may return to unpaid bills and mishandled assets. A power of attorney ensures some control and reassurance that your home matters receive attention.
With FindLaw, you can easily create a power of attorney. Click on the links below to jump down the page:
How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
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Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get an Alaska power of attorney form
You have two options when it comes to securing an Alaska power of attorney. You can hire an estate planning lawyer to draft the document for you. Or you can save money and do it yourself following the steps below:
Understand how a POA works in Alaska
A power of attorney is a legal document where a principal (you) appoints an agent (also called an attorney-in-fact) to act on their behalf in financial, real estate, business, and other essential financial matters. Most powers of attorney are durable, meaning they remain effective regardless of your disability or mental incapacity. It remains in effect until you revoke it, execute a new power of attorney, or pass away.
You can execute a general power of attorney document, which grants broad powers to your agent. If you are using it as a backup plan in case anything happens to you, this approach is the best way to ensure your affairs receive complete handling. You can also execute a limited power of attorney, limiting your agent’s authority to specific powers or even a single transaction.
If you want someone to act on your behalf with health care decisions, you need to execute a healthcare directive. Also known as a medical power of attorney (or health care power of attorney), it addresses communicating treatment preferences when you cannot do so.
Choose your agent
Carefully consider who will be your agent. You want to choose someone trustworthy who has your best interests in mind. Most people choose their spouse, live-in partner, a close friend or family member, or business partner. You can also select a successor agent in case your first choice is unable or unwilling to serve as your agent when the need arises.
Assign powers
A power of attorney form will list general powers normally granted in these documents including real estate transactions, business operation, banking, financial power, retirement plan management, and many others. If you wish to grant all of these powers, you do not have to make changes. Otherwise, cross out any powers you do not want your agent to exercise.
Find a notary
Alaska law requires that you sign your power of attorney in front of a notary public. You can find a notary public at your local financial institution where you hold bank accounts or hire a mobile notary to visit you at work or home. If you hire a law firm to draft your power of attorney, they will usually have a notary on staff.
Make copies
Once finished, make copies of your power of attorney and provide them to your agent, family members, and anyone else affected by it. Keep the original in a safe deposit box or fireproof filing cabinet. Make sure your agent knows where you keep the original.
If you wish to revoke your power of attorney in the future, you have two options. You can either draft a new one (which will cancel out previous powers of attorney) or sign a document called a revocation of power of attorney. Inform your agent if you take this action since they can still act in that capacity if they are unaware the power of attorney is revoked.
Powers of attorney forms frequently asked questions
You can find free power of attorney forms online and even cut and paste the form straight from Alaska statutes. However, there is no guarantee that the form is appropriate to your situation. If you execute a power of attorney without attorney review, you may make a mistake that will cost you more in the long run.
For many people, a power of attorney is a simple form that is easy to complete. However, in some circumstances, it is a good idea to consult with an estate planning attorney and make sure it carries the appropriate legal authority. This step can be critical for more complex situations, including business ownership, a greater chance of family conflict, or high-value assets.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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