A power of attorney that satisfies the requirements of Alaska Stat. § 13.26.645 – 13.26.665 is not prevented from being a statutory form power of attorney by the fact that it also contains additional language that

(1) eliminates from the power of attorney one or more of the powers enumerated in one or more of the subsections of 13.26.665 with respect to a section of the statutory form power of attorney that is not eliminated by the principal;

Terms Used In Alaska Statutes 13.26.670

  • Fiduciary: A trustee, executor, or administrator.
  • 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
(2) supplements one or more of the powers enumerated in one or more of the subsections of Alaska Stat. § 13.26.665 with respect to a section of the statutory form power of attorney that is not eliminated by the principal by specifically listing additional powers of the agent;
(3) makes an additional provision that is not substantially inconsistent with the other provisions of the statutory form power of attorney; or
(4) relieves an agent of liability for breach of a duty under Alaska Stat. § 13.26.610, except to the extent the provision

(A) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(B) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
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