Does an Alaska Advance Directive Need a Notary? Witness Rules Explained

Short answer: no — but with one important exception. Under AS 13.52.010, you can validate your Alaska advance health care directive with either a notary or two qualifying witnesses. The two-witness method exists specifically because notary access is limited or impossible in much of rural Alaska.

The Two Validation Methods

Method 1 — Two adult witnesses. Both must personally know you and observe you sign (or acknowledge your signature). Neither can be your healthcare agent, your treating provider, or an employee of your healthcare facility. At least one witness must be completely independent: not related to you by blood, marriage, or adoption, and not entitled to any part of your estate under a will or intestacy law.

Method 2 — Notary public. A licensed notary acknowledges your signature. This can be done in person or through Remote Online Notarization (RON), which Alaska authorized on January 1, 2021, under House Bill 124.

Both methods produce equally valid documents. Hospitals and EMS cannot reject a properly witnessed directive in favor of a notarized one.

The Exception: Body Disposition Instructions

If your directive includes instructions about what happens to your remains after death — burial, cremation, or alternative methods — those instructions fall under AS 13.75.010, the Disposition of Human Remains Act. That statute requires notarization specifically. The two-witness method does not satisfy this requirement.

So if your advance directive covers both healthcare decisions and post-death disposition, you'll need either a notary for the entire document or a separately notarized disposition section.

Who Qualifies as a Witness

The witness requirements under AS 13.52.010(d) and (e) are strict:

Both witnesses must be:

• At least 18 years old
• Personally known to you
• Present when you sign

Neither witness can be:

• Your designated healthcare agent
• Your current healthcare provider
• An employee of your healthcare provider or facility

At least one witness must also be:

• Not related to you by blood, marriage, or adoption
• Not entitled to any portion of your estate by will or intestate succession

In practice, this means you need at least one witness from outside your family who has no financial stake in your estate. In a bush village, this could be a Community Health Aide, a neighbor, a teacher, or a clergy member — as long as they're not your treating provider.

Remote Online Notarization for Rural Families

RON eliminates the distance barrier. Under AS 44.50.075, an Alaska-commissioned notary can perform notarial acts via real-time audio-video technology for anyone located inside the United States.

The requirements for a RON session:

• The notary must be physically in Alaska during the session
• You need a valid government-issued photo ID (passport, driver's license, or state ID)
• The platform runs credential analysis and Knowledge-Based Authentication (KBA) questions
• The entire session is recorded and retained for at least 10 years

If you can't pass KBA (common for people with thin credit histories), a credible witness who knows both you and the notary can appear in the video session to verify your identity.

Which Method to Choose

For most urban Alaskans, notarization is the simpler path — it requires only one other person (the notary) instead of coordinating two qualified witnesses.

For rural and bush families, the two-witness method is often more practical. You don't need internet reliable enough for a video call, and you don't need to schedule with a notary.

For comprehensive planning that includes body disposition, you'll need a notary regardless — making RON the strongest option if you're off the road system.

The Alaska Advance Directive & Living Will Kit includes a witness screening checklist that verifies eligibility in under two minutes, plus step-by-step instructions for both the witness and notarization pathways.

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