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13.0801 Appointment of a health care representative.

Cite as [A.S.C.A. § 13.0801]

(a) A written document appointing a representative to make health care decisions for a principal shall be signed by the principal in the presence of two subscribing witnesses. A principal unable to sign the instrument may, in the presence of witnesses, direct that another person not a witness to the instrument sign the principal’s name as required herein. An exact copy of the instrument shall be provided to the representative.

(b) The person appointed as representative shall not act as witness to the execution of the instrument appointing the health care representative. Both witnesses must be at least 18 years of age, and at least one person who acts as a witness shall be neither the principal’s spouse nor relative by blood or adoption.

(c) An instrument appointing a health care representative may also appoint an alternate representative provided the appointment is explicit. The alternate representative may assume his or her duties as representative for the principal if the original representative is unwilling or unable to perform his or her duties. The principal’s failure to appoint an alternate representative shall not invalidate the appointment of the original representative.

(d) Unless the instrument states a time of termination, the appointment shall remain in effect until revoked by the principal.

(e) A written appointment of a health care representative executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the principal’s appointment of the representative.

History: 2008, PL 30-33.