What is a durable power of attorney?

A durable power of attorney is a legal document that gives someone else the right to act on your behalf in critical legal matters. In Alaska, durable power of attorney is used in probate law to allow someone to manage the estate of a deceased person or a person who is unable to manage their own affairs. To create a durable power of attorney in Alaska, the principal (the person granting the power) must be 18 years old and must have the mental capacity to understand the document they are signing. The principal must also provide a clear statement of intent to create a durable power of attorney that will remain in effect during their incapacity or death. The principal will name an “attorney-in-fact,” who may be a relative, friend, or legal professional. This attorney-in-fact will then have the authority to make decisions regarding legal matters, finances, medical care, and other important matters on the principal’s behalf. The power of attorney will remain in effect even if the principal is no longer able to make decisions on their own. A durable power of attorney is a powerful tool that allows the principal to maintain control of their affairs in the event that they become incapacitated or pass away. It is important to create a durable power of attorney in Alaska in accordance with state law in order to ensure that their wishes are followed.

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