Skip to contentSkip to Search and the menu

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.

Email

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)
  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.

From here