Notwithstanding any other provision of this chapter, an agent or a surrogate may determine that life-sustaining procedures may be withheld or withdrawn from a patient with a qualifying condition when there is

(1) a durable power of attorney for health care or other writing that clearly expresses the patient’s intent that the procedures be withheld or withdrawn; or
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Terms Used In Alaska Statutes 13.52.045

  • 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
  • best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment after assessing
    (A) the effect of the treatment on the physical, emotional, and cognitive functions of the patient. See Alaska Statutes 13.52.390
  • durable power of attorney for health care: means a power of attorney that remains in effect when the principal lacks capacity. 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
  • life-sustaining procedures: means any medical treatment, procedure, or intervention that, in the judgment of the primary physician, advanced practice registered nurse, or physician assistant, when applied to a patient with a qualifying condition, would not be effective to remove the qualifying condition, would serve only to prolong the dying process, or, when administered to a patient with a condition of permanent unconsciousness, may keep the patient alive but is not expected to restore consciousness. See Alaska Statutes 13.52.390
  • power of attorney: means the designation of an agent to make health care decisions for the individual granting the power. See Alaska Statutes 13.52.390
  • 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
  • qualifying condition: means a terminal condition or permanent unconsciousness in a patient. See Alaska Statutes 13.52.390
  • surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health care decision for the patient. See Alaska Statutes 13.52.390
  • writing: includes printing. See Alaska Statutes 01.10.060
(2) no durable power of attorney for health care or other writing that clearly expresses the patient’s intent to the contrary, the patient has a qualifying condition as determined under Alaska Stat. § 13.52.160, and withholding or withdrawing the procedures would be consistent with the patient’s best interest.