Alaska Stat. § 13.26.670

Current through Chapter 26 of the Legislative Session (excluding Chapter 21)
Section 13.26.670 - [Renumbered from 13.26.347] Validity of modified statutory form power of attorney

A power of attorney that satisfies the requirements of AS 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;
(2) supplements one or more of the powers enumerated in one or more of the subsections of AS 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 AS 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.

AS 13.26.670

Amended by SLA 2016, ch. 50,sec. 18, eff. 1/1/2017.
This section was originally numbered as 13.26.347 but was renumbered by the revisor of statutes.