A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Alaska, a living will is known as an Advance Health Care Directive (AHCD). This legal document allows an individual, referred to as the principal, to outline their preferences for medical treatment in the event that they are unable to communicate their wishes due to a medical emergency. The AHCD can include instructions on the administration, withholding, or withdrawal of life-sustaining treatments if the principal is in a terminal condition or in a state that is considered irreversible. Alaska Statute §§ 13.52.010 - 13.52.260, known as the Alaska Advance Health Care Directive Act, governs the creation and use of AHCDs in the state. The statute provides the requirements for executing a valid AHCD, including the need for it to be in writing, signed by the principal or a proxy, and witnessed by two adults. The document may also appoint an agent to make health care decisions on the principal's behalf. Additionally, Alaska recognizes Do Not Resuscitate (DNR) orders, which are separate directives that inform medical personnel not to perform cardiopulmonary resuscitation (CPR) if the patient's breathing or heart stops.