AS Title 13, Chapter 28: Uniform Recognition of Substitute Decision-Making Documents

Chapter 28. Uniform Recognition of Substitute Decision-Making Documents. Sec. 13.28.010. Validity of substitute decision-making document. (a) A substitute decision-making document for property executed outside this state is valid in this state if, when the document was executed, the execution complied with the law of the jurisdiction indicated in the document or, if jurisdiction is not indicated, the law of the jurisdiction in which the document was executed. (b) Except as provided in AS 13.52.010 and 13.52.247, a substitute decision- making document for health care or personal care executed outside this state is valid in this state if, when the document was executed, the execution complied with (1) the law of the jurisdiction indicated in the document or, if jurisdiction is not indicated, the law of the jurisdiction in which the document was executed; or (2) the laws of this state other than this chapter. (c) Except as otherwise provided by a law of this state other than this chapter, a photocopy or electronically transmitted copy of an original substitute decision-making document has the same effect as the original. Sec. 13.28.020. Meaning and effect of substitute decision-making document. The meaning and effect of a substitute decision-making document and the authority of the decision maker are determined by the law of the jurisdiction indicated in the substitute decision-making document or, if jurisdiction is not indicated, the law of the jurisdiction in which the substitute decision-making document was executed. Sec. 13.28.030. Reliance on substitute decision-making document. (a) Except as otherwise provided in AS 13.26.615 , a person that in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid, or terminated, or that the purported decision maker's authority is void, invalid, or terminated, may, without inquiry, assume that the document is genuine, valid, and still in effect and that the decision maker's authority is genuine, valid, and still in effect. (b) A person that is asked to accept a substitute decision-making document may request and may, without further investigation, rely on (1) the decision maker's assertion of a fact concerning the individual for whom a decision will be made, the decision maker, or the document; (2) a translation of the document if the document contains, in whole or in part, a language other than English; and (3) an opinion of counsel regarding any matter of law concerning the document if the person requesting the opinion provides in a record the reason for the request. Sec. 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. Sec. 13.28.050. Remedies under other law. The remedies under this chapter are not exclusive and do not abrogate any right or remedy under a law of this state other than this chapter. Sec. 13.28.060. Uniformity of application and construction. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Sec. 13.28.070. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act), but does not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). Sec. 13.28.090. Definitions. In this chapter, (1) “decision maker” means a person authorized to act for an individual under a substitute decision-making document or to whom a decision maker's authority is delegated, whether denominated a decision maker, agent, attorney-in-fact, proxy, representative, original decision maker, co-decision maker, successor decision maker, or otherwise; (2) “good faith” means honesty in fact; (3) “health care” means a service or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition; (4) “person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity; (5) “personal care” means an arrangement or a service to provide an individual with shelter, food, clothing, transportation, education, recreation, social contact, or assistance with the activities of daily living; (6) “property” means anything that may be subject to ownership, whether real or personal or legal or equitable, or any interest or right in the thing; (7) “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (8) “substitute decision-making document” means a record created by an individual to authorize a decision maker to act for the individual with respect to property, health care, or personal care. Sec. 13.28.095. Short title. This chapter may be cited as the Uniform Recognition of Substitute Decision-Making Documents Act.