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AK.SUM
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1991-04-22
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#define.stb Defintions of legal terms
#help.tut Extra help
SUMMARY OF STATE LIVING WILL LEGISLATION
ALASKA
Synopsis: Alaska is a strong living will state. Alaska's statute
recognizes as effective within Alaska living wills validly
executed in other states. The Alaska statute is unique in that
the declaration suggested by state law requires the declarant to
check off whether or not they desire intravenous food/water upon
a terminal diagnosis. The statute is further unique in providing
a civil penalty of $ 10,000.00 can be assessed against a
physician failing to implement a declaration or failing to
transfer the patient. The law requires a living will to be placed
in the patient's records. To prepare a living will using the
State of Alaska recommended form, please select living will
preparation from the opening menu. Remember that the publisher
recommends preparing a "uniform" living will in addition to the
form suggested with by the State of Alaska. Please also consider
executing a living will for any State that you spend more than a
few weeks per year, or where you are a temporary resident.
CAUTION: THIS SUMMARY WAS PREPARED AND WAS BASED ON LEGAL
RESEARCH THROUGH 8/89 - LAWS CHANGE! IF YOU ARE VIEWING
THIS DATA MORE THAN ONE YEAR FROM THE DATE OF REVISION, PLEASE
READ "UPDATE AVAILABILITY AND WARNING"; [To read this information
please press "S" and then select the update availability file]
PLEASE SEE YOUR PERSONAL COUNSEL FOR MORE INFORMATION, AND TO
ANSWER SPECIFIC QUESTIONS ABOUT YOUR STATE'S LAW; GENERAL DATA
AND QUESTIONS AND ANSWERS ARE PROVIDED IN THE USER'S MANUAL
Statute number: Alaska Statutes 18.12.011
Statute title: "Alaska Rights of Terminally Ill Act"
Governmental Agency to contact for more information: None specified
A specific form of living will is suggested by the state law
Witness requirements: Number: 2 over the age of 18 or acknowledgment
before an Officer permitted to take acknowledgments; neither the
witnesses nor the notary may be related to the declarant by blood
or marriage
Recording of the living will is not provided for by the statute
Revocation of the living will may be made by any means of communication
which is sufficient to establish intent to revoke. In addition,
physical destruction (tearing, defacing, burning, etc.) is recognized
by the Alaska law. Revocation is to be recorded in the patient's
records.