Alaska Statutes Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions § 13.26.328. Acceptance of power of attorney

(a) A third party asked to accept a power of attorney may request, and rely upon, without further investigation

(1) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;

(2) an English translation of the power of attorney if the power of attorney contains, in whole or in part, a language other than English;  and

(3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

(b) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than five business days after the power of attorney is presented for acceptance.

(c) For purposes of this section, a person that conducts activities through employees is without actual knowledge of a fact relating to a principal, agent, or power of attorney if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.

(d) Except as otherwise provided in (e) of this section,

(1) a person shall accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under (a) of this section not later than five business days after presentation of the power of attorney for acceptance;

(2) if a person requests a certification, a translation, or an opinion of counsel under (a) of this section, the person shall accept the power of attorney not later than three business days after receipt of the certification, translation, or opinion of counsel;  and

(3) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

(e) Notwithstanding AS 13.26.357 , a person is not required to accept an acknowledged power of attorney if

(1) the person is not otherwise required to engage in a transaction with the principal in the same circumstances;

(2) engaging in a transaction with the agent or principal in the same circumstances would be inconsistent with federal law;

(3) the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;

(4) a request for a certification, a translation, or an opinion of counsel under (a) of this section is refused;

(5) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under (a) of this section has been requested or provided;  or

(6) the person makes, or has actual knowledge that another person has made, a report to the Department of Health and Social Services or other governmental agency, stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.

(f) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to

(1) a court order mandating acceptance of the power of attorney;  and

(2) liability as provided by court rules of this state for attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.


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