(a) A parent or a guardian of a minor child, by a properly executed power of attorney that is substantially in the form provided in (f) of this section, may delegate to another person one or more powers regarding the care or custody of the minor child, except the power to consent to
Terms Used In Alaska Statutes 13.26.066
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Conviction: A judgement of guilt against a criminal defendant.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
- Statute: A law passed by a legislature.
(1) the marriage or adoption of the minor child;
(2) the performance or inducement of an abortion on or for the minor child; or
(3) the termination of parental rights to the minor child.
(b) A parent or guardian of a minor child may revoke the power of attorney made by the parent or guardian under (a) of this section at any time. A parent of a minor child may revoke a power of attorney that another parent of the minor child has made under (a) of this section. A guardian of a minor child may revoke a power of attorney that another guardian of the minor child has made under (a) of this section. If a parent or guardian revokes a power of attorney, the attorney-in-fact shall return the minor child to the custody of the parent or the guardian as soon as reasonably possible after the revocation.
(c) Except as provided in (d) of this section, a power of attorney under this section is not effective for a period that exceeds one year. However, after a power of attorney expires under this subsection, a parent or guardian may enter into a new power of attorney.
(d) A power of attorney made by a military parent or guardian may be effective for a period that exceeds one year if the military parent or guardian is on active duty, but the power of attorney is not effective for a period that exceeds the length of the active duty plus 30 days.
(e) Unless a parent or guardian revokes a power of attorney, the attorney-in- fact shall exercise the power in the power of attorney without compensation for the duration of the power of attorney.
(f) To designate an attorney-in-fact, a parent or guardian shall execute a power of attorney that is in substantially the following form:
Section 1. I certify that I am the
parent or guardian of
(Full name of minor child)(Date of birth)
(Full name of minor child)(Date of birth)
(Full name of minor child)(Date of birth)
who is/are minor children.
Section 2. I designate _____________________________________________________ (Full name of attorney- in-fact), _____________________________________
(Street address, city, state, and zip code of attorney-in-fact) _____________________________________
(Home telephone of(Work telephone of
as the attorney-in-fact of each minor child named above.
Section 3. I delegate to the attorney-in-fact all of my power and authority regarding the care and custody of each minor child named above, including the right to enroll the child in school, the right to inspect and obtain copies of education records and other records concerning the child, the right to attend school activities and other functions concerning the child, and the right to give or withhold any consent or waiver with respect to school activities, medical treatment, dental treatment, and other activity, function, or treatment that may concern the minor child. This delegation does not include the power or authority to consent to the marriage or adoption of the minor child, the performance or inducement of an abortion on or for the minor child, or the termination of parental rights to the minor child.
Section 4. I delegate to my attorney-in-fact the following specific powers and responsibilities (write in):
Delegation under this section does not include the power or authority to consent to the marriage or adoption of the minor child, the performance or inducement of an abortion on or for the minor child, or the termination of parental rights to the minor child.
(If you complete Section 4, Section 3 does not apply).
Section 5. This power of attorney is effective for a period not to exceed one year, beginning __________, 20 _____, and ending __________, 20 _____. I reserve the right to revoke this authority at any time.
Section 6. I am a military parent or guardian under AS 13.26.066 (d). My active duty is scheduled to begin on __________, 20 _____, and is estimated to end on __________, 20 _____. I acknowledge that this power of attorney will not last more than one year, or the term of my active duty service plus 30 days, whichever period is longer.
Section 7. I hereby accept my designation as attorney-in-fact for the minor child/children identified in this power of attorney.
State of __________________________________
________ Judicial District
Before me, the undersigned, a Notary Public, in and for the Judicial District and State identified above, on this _________ day of _________, 20 _____, personally appeared _____________________________________________________ (name of parent/guardian) and _____________________________________________________ (name of attorney-in-fact), to me known to be the persons who executed this power of attorney, and each acknowledged to me that each executed the same as the person’s free and voluntary act and deed for the uses and purposes set out in this power of attorney.
Witness my hand and official seal the day and year written above.
(Signature of notary public)
(Seal, if any)
(Title and rank)
My commission expires: __________
(g) A power of attorney does not change parental rights, legal rights, obligations, or other authority established by an existing court order and does not deprive the parent or guardian of rights, obligations, or other authority relating to the custody, visitation, or support of the minor child.
(h) Except as otherwise determined under another statute, the execution of a power of attorney by a parent or guardian does not constitute abandonment, neglect, or abuse of the minor child or ward under AS 47.10.013 – 47.10.015, unless the parent or guardian fails, after the power of attorney terminates, to retake custody of the child and does not execute a new power of attorney.
(i) Under a power of attorney, a minor child is not considered to be in foster care, and the attorney-in-fact is not considered to be providing foster care for which a license is required under AS 47.32.
(j) In this section,
(1) “active duty” means military duties that are performed full time;
(2) “attorney-in-fact” means the individual to whom a parent or guardian gives a power under a power of attorney;
(3) “foster care” means care provided by a person for which a foster home license is required by AS 47.32;
(4) “guardian” means a natural person who is legally appointed the guardian of a minor child by the court under this chapter;
(5) “military parent or guardian” means a person who is a parent or guardian of a minor and who is a member of
(A) the armed forces of the United States;
(B) a reserve component of the armed forces of the United States;
(C) the National Oceanic and Atmospheric Administration Commissioned Officer Corps or the United States Public Health Service Commissioned Corps, if the member is
(i) assigned by proper authority to duty with the armed forces of the United States; or
(ii) required to serve on active duty with the armed forces of the United States under a call or order of the President of the United States, or to serve on active duty with the military forces of the state;
(6) “minor child” means a natural person who is under 18 years of age, including a stepchild or a grandchild, but not including a foster child;
(7) “parent” includes a stepparent or a grandparent, and a parent who is incarcerated for a criminal conviction, but not a foster parent;
(8) “power of attorney” means a power of attorney entered into under this section.