Alaska Supported Decision Making Agreement

What Alaska's SDMA Law Does

Alaska enacted the Supported Decision-Making Agreements Act through House Bill 336 in 2018, codified as AS 13.56.010 through 13.56.195. The law creates a formal legal framework for adults who need help making decisions but do not need someone else making decisions for them.

The distinction matters. Under an SDMA, the principal (the adult with support needs) retains full legal decision-making authority. The designated supporters help by gathering information, explaining options, and communicating the principal's decisions to third parties. But the final decision always belongs to the principal.

This sits at the least-restrictive end of Alaska's decision-making spectrum — less intrusive than a power of attorney, far less restrictive than a guardianship, and with no court involvement required.

Who Qualifies

An adult is eligible to enter an SDMA if they:

• Enter the agreement voluntarily, free from coercion or undue influence
• Understand the general nature and effect of the agreement
• Can participate in the decision-making process with guidance

This capacity threshold is deliberately lower than what a power of attorney requires. A young adult who might struggle to understand the binding legal effect of delegating decision-making authority to an agent may still be able to choose trusted supporters and express preferences with their help.

What Supporters Can and Cannot Do

Supporters may:

• Help gather relevant information, including medical, educational, psychological, and financial records
• Help the principal understand their options and the consequences of each choice
• Assist the principal in communicating decisions to schools, doctors, banks, and government agencies

Supporters are prohibited from:

• Making decisions for or on behalf of the principal
• Signing documents or electronic signatures for the principal
• Accessing sensitive information without the principal's explicit written consent

A paid service provider or employer cannot serve as a supporter unless they are an immediate family member of the principal. This restriction prevents institutional conflicts of interest.

Execution Requirements

To be legally valid under AS 13.56.040, the SDMA must be:

1. In writing and dated
2. Signed by the principal and each designated supporter
3. Either acknowledged before a notary public or signed by at least two adult witnesses

The witnesses must understand the principal's primary method of communication — critical for nonverbal individuals who use sign language, communication boards, or assistive technology. Neither witness can be a designated supporter.

Each supporter must also sign a separate declaration acknowledging their fiduciary duties and willingness to serve.

Third-Party Recognition

Under AS 13.56.130, third parties — medical providers, banks, schools, insurance companies — are legally required to recognize decisions communicated by the principal with the assistance of a supporter as the decisions of the principal. Third parties who rely in good faith on an SDMA are protected from civil liability.

This legal backing means hospitals cannot refuse to discuss treatment options when a supporter is present if the principal has authorized the supporter's access, and school districts must recognize the principal's decisions about IEP modifications when communicated through a supporter.

Revocation

The principal can revoke all or any part of an SDMA at any time by delivering written or electronic notice to the supporter. No court approval, no waiting period — immediate effect.

Getting the Statutory Form

The statutory form (AS 13.56.180) is available through the Governor's Council on Disabilities and Special Education (GCDSE). The GCDSE also publishes a workbook that walks through each section of the form and helps families identify which support areas to include.

The Alaska Adult Guardianship & Alternatives Guide includes a complete SDMA builder that covers area-by-area customization — from FERPA educational records to HIPAA medical access to financial account coordination — with execution instructions tailored to Alaska's notary and witness rules.

See more Alaska guides →