Who Decides Without a Directive
AS 13.52.030 — a surrogate the patient named, then a spouse, an adult child, a parent, an adult sibling
When no agent or guardian has been appointed or one is not reasonably available, a surrogate may make health care decisions for an adult patient. An adult may name their own surrogate by telling the supervising health care provider personally.
Who handles this in Alaska: legal aid programs, lawyer referral and the state offices, listed in the Alaska directory.
- The spouse, unless legally separated.
- An adult child.
- A parent.
- An adult sibling.
Without a named surrogate, those people, in that order, may act. Mental health treatment by a surrogate is limited to emergencies after two physicians, one a psychiatrist, or a physician and a mental health clinician find the patient lacks capacity.
Sources for this section (1)
- AS 13.52.030 — Surrogates
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alaska attorney.