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Alaska Living Wills Laws
More Information on Living Wills
| Code Section | 18.12 Living Wills and Do Not Resuscitate Orders |
| Specific Powers, Life-Prolonging Acts | Withholding or withdrawal of procedures that merely prolong the dying process and are not necessary for comfort or to alleviate pain; includes the administration of food and water by gastric tube or IV; declaration may provide declarant does not want nutrition and hydration administered intravenously or by gastric tube |
| Legal Requirements for Valid Living Will | (1) Competent; (2) 18 yrs.; (3) signed; (4) witnessed by 2 persons over 18 and unrelated to declarant or acknowledged by a person qualified to take acknowledgments; (5) may be in statutory form |
| Revocation of Living Will | Revocable at any time and in any manner declarant is able to communicate intent to revoke without regard to physical/mental condition; effective upon communication; becomes part of declarant's medical record |
| Validity from State-to-State | Declaration executed in another state in compliance with the law of that jurisdiction is effective |
| If Physician Unwilling to Follow Living Will | Physician may withdraw after services of another physician have been obtained |
| Immunity for Attending Physician | Physician causing the withholding or withdrawal of life-sustaining procedures from a qualified patient not subject to civil, criminal, or professional liability. Attending doctor has no right to compensation for services after withholding should have been effective and may be liable to patient and heirs for a civil penalty of less than $1000 plus costs associated with failure to comply with order or declaration; this is exclusive remedy at law for damages. |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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