(a) Subject to Alaska Stat. § 13.52.183, 13.52.193, and 13.52.203, a guardian shall comply with the ward’s individual instructions and may not revoke a ward’s advance health care directive executed before the ward’s incapacity unless a court expressly authorizes the revocation.
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Terms Used In Alaska Statutes 13.52.040

  • advance health care directive: means an individual instruction or a durable power of attorney for health care. See Alaska Statutes 13.52.390
  • agent: means an individual designated in a durable power of attorney for health care to make a health care decision for the individual granting the power. See Alaska Statutes 13.52.390
  • 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.
  • guardian: means a judicially appointed person having authority to make a health care decision for an individual. See Alaska Statutes 13.52.390
  • health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Alaska Statutes 13.52.390
  • health care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate regarding the individual's health care, including
    (A) selection and discharge of health care providers and institutions. See Alaska Statutes 13.52.390
(b) Unless there is a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian.
(c) Except as provided in (a) of this section, a health care decision made by a guardian for the ward is effective without judicial approval.
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