Sec. 13.52.020. Revocation of advance health care directive.

415 words·~2 min read·/ak/title-13/chapter-52/13-52-020

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except in the case of mental illness under

(c)of this section, a principal may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider.

(b)Except in the case of mental illness under

(c)of this section and except as provided by AS 13.52.183 , a principal may revoke all or part of an advance health care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.

(c)In the case of mental illness, an advance health care directive may be revoked in whole or in part at any time by the principal if the principal does not lack capacity and is competent. A revocation is effective when a competent principal with capacity communicates the revocation to a physician or other health care provider. The physician or other health care provider shall note the revocation on the principal's medical record. In the case of mental illness, the authority of a named agent and an alternative agent named in the advance health care directive continues in effect as long as the advance health care directive appointing the agent is in effect or until the agent has withdrawn. For the purposes of this subsection, a principal is not considered competent when

(1)it is the opinion of the court in a guardianship proceeding under AS 13.26 , the opinion of two physicians, at least one of whom is a psychiatrist, or the opinion of a physician and a professional mental health clinician, that the principal is not competent; or

(2)a court in a hearing under AS 47.30.735 , 47.30.750, or 47.30.770 determines that the principal is gravely disabled; in this paragraph, “gravely disabled” has the meaning given in AS 47.30.915 (9)(B).

(d)A health care provider, agent, guardian, or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution at which the patient is receiving care.

(e)A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a durable power of attorney for health care.

(f)An advance health care directive that conflicts with an earlier advance health care directive revokes the earlier directive to the extent of the conflict.