Sec. 13.28.040. Obligation to accept substitute decision-making document.

297 words·~1 min read·/ak/title-13/chapter-28/13-28-040

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(a)Except as otherwise provided in

(b)of this section or by a law of this state other than this chapter, a person shall, within a reasonable time, accept a substitute decision-making document that purportedly meets the validity requirements of AS 13.28.010 and may not require an additional or different form of document for authority granted in the document presented.

(b)A person is not required to accept a substitute decision-making document if

(1)the person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;

(2)the person has actual knowledge of the termination of the decision maker's authority or the document;

(3)the person's request under AS 13.28.030

(b)for the decision maker's assertion of fact, a translation, or an opinion of counsel is refused;

(4)the person in good faith believes that the document is not valid or that the decision maker does not have the authority to request a particular transaction or action; or

(5)the person makes, or has actual knowledge that another person has made, a report to the office of the Department of Health that administers adult protective services stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation, or abandonment by the decision maker or a person acting for or with the decision maker.

(c)A person that, in violation of this section, refuses to accept a substitute decision-making document is subject to

(1)a court order mandating acceptance of the document; and

(2)liability as provided by the court rules of this state for attorney fees and costs incurred in an action or proceeding that mandates acceptance of the document.