(a) The subsequent incapacity of a principal does not revoke or terminate the authority of an agent who acts under a power of attorney in a writing executed by a principal if the writing contains the words “This power of attorney shall become effective upon the incapacity of the principal,” or contains the words “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or words substantially similar showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity or uncertainty as to whether the principal is dead or alive.
Terms Used In Alaska Statutes 13.26.675
Continuance: Putting off of a hearing ot trial until a later time.
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
(b) An act done by an agent under a power granted in a power of attorney under Alaska Stat. § 13.26.645 – 13.26.665 during a period of incapacity or uncertainty as to whether the principal is dead or alive has the same effect and enures to the benefit of and binds a principal and the principal’s distributees, devisees, legatees, and personal representatives as if there were no incapacity of the principal . If a conservator is later appointed for the principal, during the continuance of the appointment, the agent is accountable to the conservator as well as to the principal. The conservator has the same power to revoke, suspend, or terminate the power of attorney that the principal would have if there was no incapacity of the principal.
