Alaska Living Will Requirements
Based on Alaska Statutes §13.52.010 et seq. (Health Care Decisions Act)
Quick Summary
- Document type: Advance Health Care Directive
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Alaska requires 2 witnesses who are present when you sign your advance health care directive. Witnesses have the following restrictions:
Witness restrictions:
- Witnesses must be at least 18 years of age
- Witnesses must personally know the principal
- At least one witness cannot be related to the principal by blood, marriage, or adoption
- At least one witness cannot be entitled to any portion of the principal's estate by will or by operation of law
- A witness cannot be the person designated as the health care agent
- A witness cannot be a health care provider or an employee of a health care facility where the principal is receiving treatment
When Your Living Will Takes Effect
Your Alaska living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable and irreversible illness or injury that, without the administration of life-sustaining procedures, will result in death in a short period of time, for which there is no reasonable prospect of cure or recovery, that imposes severe pain or otherwise imposes an inhumane burden on the patient, and for which initiating or continuing life-sustaining procedures will provide only minimal medical benefit.
Persistent Vegetative State
A persistent vegetative state is a condition in which the patient is permanently unconscious, with no awareness of self or environment and no ability for voluntary action or cognitive function, as determined by the attending physician and confirmed by a second physician.
Irreversible Condition
An irreversible condition is a medical condition that is not curable or reversible and that, without life-sustaining treatment, will be fatal, or a condition of permanent unconsciousness.
Important Notes for Alaska
- Alaska follows the Health Care Decisions Act (AS 13.52)
- The advance directive may be witnessed by two individuals who personally know the principal OR acknowledged before a notary public — either method is valid
- The document must be in writing, contain the date of its execution, and be signed by the principal
- An individual instruction may be oral or written and need not be in a specific form to be valid
- A declaration may be revoked at any time and in any manner by the principal, without regard to mental or physical condition
- Alaska law combines the living will and health care power of attorney into a single advance health care directive
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.