UNIFORM ACT: GUARDIANSHIP/CONSERVATORSHIP

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CS FOR SENATE BILL NO. 190(JUD)

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY THE SENATE JUDICIARY COMMITTEE

Offered: 5/15/26
Referred: Finance

Sponsor(s): SENATOR KIEHL
A BILL

FOR AN ACT ENTITLED

"An Act relating to guardianships, conservatorships, and other protective 1
arrangements; relating to the public guardian; relating to the crime of violating a 2
protective order; amending the Alaska Rules of Probate Procedure, and Rule 77(c), 3
Alaska Rules of Civil Procedure; and providing for an effective date." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 04.16.051(b) is amended to read: 6
(b) This section does not prohibit the furnishing or delivery of an alcoholic 7
beverage 8
(1) by a parent to the parent's child, by a guardian to the individual 9
subject to guardianship [GUARDIAN'S WARD], or by a person to the legal spouse 10
of that person if the furnishing or delivery occurs off licensed premises; or 11
(2) by a licensed physician or nurse to a patient in the course of 12
administering medical treatment. 13
* Sec. 2. AS 06.05.180 is amended to read: 14
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Sec. 06.05.180. Fiduciary and other powers authorized. Every bank 1
organized under this chapter, subject to the restrictions and limitations of laws and the 2
regulations of the department, may 3
(1) act as trustee under any mortgage or bond issued by the state, or 4
any municipality, body politic, or corporation, foreign or domestic, and accept and 5
execute any municipal or corporate trust not prohibited by the laws of this state; 6
(2) accept a trust from, and execute a trust for, a married person in 7
respect to the married person's separate property, and act as agent in the management 8
of the property or transact any business in relation to the property; 9
(3) act under the order or appointment of a court of competent 10
jurisdiction, including any probate court, as custodian, receiver, or trustee of the estate 11
of a minor, and as depository of money paid into court for the benefit of any person, 12
corporation, or party, and in any other fiduciary capacity; 13
(4) act under the order or appointment of a court of competent 14
jurisdiction, including any probate court, as trustee, custodian, receiver or committee 15
of the estate of an incapacitated person, as defined in AS 13.29.590(b) 16
[AS 13.26.005], or of a spendthrift, or as receiver or committee of the property or 17
estate of a person in insolvency or bankruptcy proceedings; 18
(5) act as executor or administrator with or without the will annexed of 19
the estate of a deceased person; 20
(6) accept and execute any legal trust, duty, and power in regard to the 21
holding, management, and disposition of any estate, real or personal, wherever 22
located, and the rents and profits from it, or the sale of it, as may be granted or 23
confided to it by a court of competent jurisdiction, including any probate court, or by 24
any person, corporation, municipality, or other authority, and is accountable to all 25
parties in interest for the faithful discharge of every trust, duty, or power which it may 26
accept; 27
(7) accept and execute any trust or power conferred upon it by any 28
person or any body politic or domestic or foreign corporation, or any other authority, 29
grant, assignment, transfer, devise, bequest, or otherwise, or which may be entrusted 30
or committed or transferred to it by order of a court of competent jurisdiction, 31
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including any probate court; 1
(8) receive, manage, hold, and dispose of according to the terms of any 2
trust or power any property or estate, real or personal, which may be the subject of any 3
such trust or power; 4
(9) act as the fiscal or transfer agent of the United States or of any 5
state, territory, municipality, or other body politic, and in this capacity may receive 6
and disburse money, transfer, register, and countersign certificates of stocks, bonds, or 7
other evidences of indebtedness; 8
(10) whenever the instrument or power governing the fiduciary 9
relationship directs, requires, authorizes, or permits investment in obligations of the 10
United States government, or its agencies or instrumentalities, invest in those 11
obligations either directly or in the form of securities of, or other interests in, an open-12
end or closed-end management type investment company or investment trust 13
registered under 15 U.S.C. 80a-1 - 80a-64 (Investment Company Act of 1940) if 14
(A) the portfolio of the investment company or investment trust 15
is limited to 16
(i) obligations of the United States government, or its 17
agencies or instrumentalities; 18
(ii) repurchase agreements fully collateralized by the 19
obligations identified in (i) of this subparagraph; and 20
(iii) securities of, or other interests in, other open-end or 21
closed-end management type investment companies or investment 22
trusts registered under 15 U.S.C. 80a-1 - 80a-64 whose portfolios are 23
limited to the obligations and repurchase agreements identified in (i) 24
and (ii) of this subparagraph; and 25
(B) the investment company or investment trust takes delivery 26
of the collateral for any repurchase agreement directly or through an authorized 27
custodian. 28
* Sec. 3. AS 06.26.020(a) is amended to read: 29
(a) Notwithstanding any other provision of this chapter, a person does not act 30
as a fiduciary under this chapter if the person 31
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(1) is licensed to practice law in this state, the person is acting within 1
the scope of the license, and the person and any law firm of the person are not trustees 2
of more trusts than the number established for the person and law firm by the 3
department by regulation or order; in this paragraph, "law firm" means a partnership, a 4
professional corporation organized under AS 10.45, or another association organized 5
for the practice of law and in which the person practices law; 6
(2) acts as trustee under a deed of trust delivered only as security for 7
the payment of money or for the performance of another act; 8
(3) receives and distributes on behalf of a principal rents and proceeds 9
of sales as a real estate broker or other licensee under AS 08.88; 10
(4) engages in securities business activity as a registered broker-dealer, 11
a broker-dealer agent, an investment adviser, or an investment adviser representative, 12
or as a federal covered investment adviser who has made a notice filing under 13
AS 45.56.360(c), the person is acting within the scope of the person's registration or 14
notice filing, and the activity is regulated by the department under AS 45.56 or by the 15
United States Securities and Exchange Commission; in this paragraph, "agent," 16
"broker-dealer," "federal covered investment adviser," "investment adviser," 17
"investment adviser representative," and "securities business" have the meanings given 18
in AS 45.56.900; 19
(5) engages in the sale and administration of an insurance product as 20
an insurance company licensed under AS 21 or an insurance producer licensed under 21
AS 21 and is acting within the scope of that license; 22
(6) handles escrow transactions and is a title insurance company that 23
has a certificate of authority issued under AS 21.09, a title insurance limited producer 24
that is licensed as required by AS 21.66.270, or an employee of the title insurance 25
company or title insurance producer when acting in the scope of the employee's 26
employment; in this paragraph, 27
(A) "escrow transaction" has the meaning given in 28
AS 34.80.090; 29
(B) "title insurance company" has the meaning given in 30
AS 21.66.480; 31
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(C) "title insurance limited producer" has the meaning given in 1
AS 21.66.480; 2
(7) is a cemetery association organized and acting under AS 10.30; 3
(8) is a trustee for a voting trust under AS 10.06 and is acting in that 4
capacity; 5
(9) has a certified public accountant license issued under AS 08.04.105 6
or 08.04.195, the person is acting within the scope of the license, and the person and 7
any accounting firm of the person are not trustees of more trusts than the number 8
established for the person and accounting firm by the department by regulation or 9
order; in this paragraph, "accounting firm" means a partnership, a professional 10
corporation organized under AS 10.45, or another association organized for the 11
practice of public accounting and in which the person practices public accounting; 12
(10) holds real property in trust for the primary purpose of subdivision, 13
development, or sale or to facilitate a business transaction with respect to the real 14
property; 15
(11) serves as a trustee of a trust created by the person's family 16
members; 17
(12) holds money or other assets as a homeowners' association or 18
similar organization to pay maintenance and other related costs for commonly owned 19
property; in this paragraph, "homeowners' association" includes an association of 20
apartment owners under AS 34.07.450 and a unit owners' association or master 21
association under AS 34.08.990; 22
(13) holds money or other assets in connection with the collection of 23
debts or payments on loans by a person acting solely as the agent or representative at 24
the sole direction of the person to whom the debt or payment is owed, including 25
engaging in the business of an escrow agent; 26
(14) acts as a conservator if the person is appointed by a court of this 27
or another state or is qualified to act as a conservator under AS 13.29.420(d) 28
[AS 13.26.580]; 29
(15) acts as a personal representative if the person is appointed a 30
personal representative by a court of this or another state or is qualified to act as a 31
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personal representative under AS 13.21.035; 1
(16) acts as a guardian or receiver if the person is appointed as a 2
guardian or receiver by a court of this or another state; 3
(17) is a business partner acting with regard to the business, or a co- 4
owner of property acting with regard to the co-owned property; 5
(18) serves as a trustee of one or more trusts in which the settlor is not 6
a family member of the person, except that the person may not at any one time serve 7
as a trustee for trusts that cumulatively have more than 10 different settlors; however, 8
the department may change by regulation or order the maximum number of settlors 9
allowed for this exemption; in this paragraph, a husband and wife who create a joint 10
trust are considered to be one settlor. 11
* Sec. 4. AS 06.26.050(a) is amended to read: 12
(a) A trust company may perform any act as a fiduciary that a state financial 13
institution, or a national bank exclusively exercising trust powers, may perform, 14
including 15
(1) acting as trustee under a written agreement; 16
(2) receiving money and other property as trustee for investment in 17
real or personal property; 18
(3) acting as a trustee and performing the fiduciary duties committed 19
or transferred to it by a court; 20
(4) receiving money or other assets under AS 06.35; 21
(5) acting as an executor, an administrator, or a trustee of the estate of 22
a deceased person; 23
(6) acting as a custodian, guardian, conservator, or trustee for a minor, 24
[OR] an incapacitated person, or an individual subject to guardianship or 25
conservatorship; 26
(7) acting as a successor fiduciary to a depository; 27
(8) receiving for safekeeping any type of personal property; 28
(9) acting as a custodian, an assignee, a transfer agent, an escrow 29
agent, a registrar, or a receiver; 30
(10) acting as an investment adviser, an agent, or an attorney-in-fact in 31
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any agreed upon capacity; 1
(11) exercising additional powers expressly authorized by a regulation 2
adopted under this chapter; and 3
(12) exercising an incidental power that is reasonably necessary to 4
enable it to fully exercise the powers expressly conferred according to commonly 5
accepted fiduciary customs and usage. 6
* Sec. 5. AS 06.65.110(a) is amended to read: 7
(a) A person may act as the representative of an eligible individual under this 8
chapter if the eligible individual is a minor or lacks decision-making capacity and if 9
the person is 10
(1) a parent, guardian, or conservator of the eligible individual; in this 11
paragraph, 12
(A) "conservator" has the meaning given in AS 13.29.590(b) 13
[AS 13.06.050]; 14
(B) "guardian" has the meaning given in AS 13.29.590(b) 15
[AS 13.06.050]; 16
(C) "parent" includes a stepparent; or 17
(2) a trustee of the property of the eligible individual. 18
* Sec. 6. AS 08.26.020(a) is amended to read: 19
(a) The department shall issue a private professional full guardian license to an 20
individual 21
(1) who is at least 21 years of age; 22
(2) who has two or more years of professional client casework 23
experience or at least an associate degree in human services, social work, psychology, 24
sociology, gerontology, special education, or a closely related field; 25
(3) who is certified as a guardian by a nationally recognized 26
organization in the field of guardianships; 27
(4) whose criminal history record checks under AS 08.26.070 show 28
that the individual has not been convicted of a felony or of a misdemeanor offense in 29
the state or in any other jurisdiction involving fraud, misrepresentation, material 30
omission, misappropriation, theft, conversion, or any other crime the department 31
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determines would affect the individual's ability to provide the services of a guardian 1
competently and safely for the individual subject to guardianship [PROTECTED 2
PERSON] within 10 years before the application; 3
(5) who satisfies the application requirements of AS 08.26.060; and 4
(6) who satisfies the requirements for obtaining a private professional 5
conservator license under AS 08.26.030. 6
* Sec. 7. AS 08.26.030 is amended to read: 7
Sec. 08.26.030. Requirements for private professional conservator license. 8
The department shall issue a private professional conservator license to an individual 9
(1) who is at least 21 years of age; 10
(2) who has obtained a high school diploma, or a general education 11
development diploma or its equivalent; 12
(3) who has six months' employment experience in a position 13
involving financial management, or has at least an associate degree in accounting or a 14
closely related field; 15
(4) who is certified as a guardian by a nationally recognized 16
organization in the field of guardianships; 17
(5) whose criminal history record checks under AS 08.26.070 show 18
that the individual has not been convicted of a felony or of a misdemeanor offense in 19
the state or in any other jurisdiction involving fraud, misrepresentation, material 20
omission, misappropriation, theft, conversion, or any other crime that the department 21
determines would affect the individual's ability to provide the services of a conservator 22
competently and safely for the individual subject to conservatorship [PROTECTED 23
PERSON] within 10 years before the application; and 24
(6) who satisfies the application requirements of AS 08.26.060. 25
* Sec. 8. AS 08.26.060 is amended to read: 26
Sec. 08.26.060. Application requirements. To apply for a license under this 27
chapter, a person shall submit an application on a form provided by the department 28
and submit 29
(1) two complete fingerprint cards containing fingerprints and other 30
information required by the Department of Public Safety to obtain state and national 31
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criminal history record information under AS 12.62 and AS 12.64; 1
(2) a written waiver of confidentiality signed by the applicant allowing 2
the department to access at any time relevant complaint information made about the 3
applicant to adult protective services, the designated protection and advocacy agency, 4
the long term care ombudsman, or an entity that certifies or licenses private 5
professional guardians or private professional conservators; 6
(3) a written statement signed by the applicant that the applicant will 7
allow immediate access at any time to the department to the file of an individual 8
subject to guardianship or conservatorship [A WARD OR PROTECTED 9
PERSON] and to financial information regarding the applicant, including corporate or 10
other business records; and 11
(4) payment of the application fee, any criminal history record 12
information checks fee charged under AS 12.62.160(d), and any other fees required by 13
the department. 14
* Sec. 9. AS 08.26.080(a) is amended to read: 15
(a) Within 30 days following the end of each calendar year, a licensee shall 16
submit to the office of public advocacy, Department of Administration 17
(1) evidence of the continuing existence of a court ordered bond, if 18
any, required by a court to be maintained by the guardian or conservator; 19
(2) a list, including case numbers, of the individuals subject to 20
guardianship or conservatorship [WARDS AND PROTECTED PERSONS] for 21
whom the licensee is acting as a private professional guardian or private professional 22
conservator; 23
(3) an accurate financial statement of the licensee, including total fees 24
collected from the individual subject to conservatorship [PROTECTED PERSON], 25
total business expenses, and documents necessary to establish financial solvency of 26
the licensee; 27
(4) a letter stating that the licensee has filed all required court reports 28
in the previous calendar year; and 29
(5) a copy of all of the licensee's federal tax documents filed with the 30
Internal Revenue Service and all of the licensee's correspondence with the Internal 31
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Revenue Service for the calendar year. 1
* Sec. 10. AS 08.26.090 is amended to read: 2
Sec. 08.26.090. Submission of court reports to department. Upon request of 3
the department, a licensee shall submit to the department a copy of the reports that the 4
licensee is required to submit to a court under AS 13.29 [AS 13.26]. 5
* Sec. 11. AS 08.26.110(a) is amended to read: 6
(a) A licensee may not receive a payment for services rendered to an 7
individual subject to guardianship or conservatorship [A WARD OR A 8
PROTECTED PERSON] until the licensee obtains court approval of a proposed fee 9
schedule. The fee schedule must include a statement of the hourly fee for professional 10
and administrative services and a monthly maximum amount that the licensee can 11
charge the individual subject to guardianship or conservatorship [WARD OR 12
PROTECTED PERSON]. 13
* Sec. 12. AS 08.26.120 is amended to read: 14
Sec. 08.26.120. Required notification. A licensee shall notify the department 15
immediately if 16
(1) the licensee fails to file a report to the court required by this 17
chapter; 18
(2) the licensee has been removed as a guardian or conservator for an 19
individual subject to guardianship or conservatorship [A WARD OR 20
PROTECTED PERSON]; 21
(3) the licensee has received a gift with a value of more than $100 22
from an individual subject to guardianship or conservatorship [A WARD OR 23
PROTECTED PERSON] during the two years before the appointment; 24
(4) the licensee has an interest in an enterprise that provides services to 25
the individual subject to guardianship or conservatorship [WARD OR 26
PROTECTED PERSON]; 27
(5) an employee or contractor of the licensee is arrested for any 28
offense; or 29
(6) the licensee has filed for bankruptcy. 30
* Sec. 13. AS 08.26.130 is amended to read: 31
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Sec. 08.26.130. Grounds for disciplinary action. The department may take 1
disciplinary action against an individual under AS 08.01.075 or refuse to issue or 2
renew a license if the department determines that the individual 3
(1) obtained or attempted to obtain a license under this chapter through 4
deceit, fraud, or intentional misrepresentation; 5
(2) has not complied with the standards of conduct established by the 6
department under AS 13.29.520 [AS 13.26.001]; 7
(3) forfeited a license in this or another jurisdiction as a result of 8
deceit, fraud, intentional misrepresentation, or professional incompetence; 9
(4) has been found by a court in this state to have engaged in 10
professional misconduct or incompetence; 11
(5) has advertised the individual's services in a false or misleading 12
manner; 13
(6) has been convicted, including a conviction based on a guilty plea or 14
plea of nolo contendere, of a felony or other crime that affects the individual's ability 15
to provide services competently and safely for the individual subject to 16
guardianship or conservatorship [WARD OR PROTECTED PERSON]; 17
(7) has been found to have abandoned, exploited, abused, or neglected 18
a vulnerable adult; in this paragraph, "vulnerable adult" has the meaning given in 19
AS 47.24.900; 20
(8) has failed to comply with this chapter or with a regulation adopted 21
under this chapter; 22
(9) has continued or attempted to practice after becoming unfit due to 23
professional incompetence; 24
(10) has failed to maintain certification by a nationally recognized 25
organization in the field of 26
(A) guardianships, if the individual was issued a private 27
professional guardian license; or 28
(B) conservatorships, if the individual was issued a private 29
professional conservator license; or 30
(11) fails to maintain a bond or other surety as required by a court 31
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order. 1
* Sec. 14. AS 08.26.140 is amended to read: 2
Sec. 08.26.140. Petition by department. In addition to the disciplinary actions 3
allowed under AS 08.01.075, the department may petition a court to review the 4
conduct of a licensee if the department determines that the conduct of the licensee may 5
not be in the best interests of the individual subject to guardianship or 6
conservatorship [WARD OR PROTECTED PERSON]. 7
* Sec. 15. AS 08.26.190(1) is amended to read: 8
(1) "conservator" has the meaning given in AS 13.29.590(b) 9
[AS 13.06.050]; 10
* Sec. 16. AS 08.26.190(3) is amended to read: 11
(3) "guardian" has the meaning given in AS 13.29.590(b) 12
[AS 13.06.050]; 13
* Sec. 17. AS 08.26.190(5) is amended to read: 14
(5) "private professional conservator" means an individual who acts as 15
a conservator under AS 13.29.155 - 13.29.315 [13.26.401 - 13.26.580] and receives 16
compensation for acting in that capacity; 17
* Sec. 18. AS 08.26.190(7) is amended to read: 18
(7) "private professional guardian" means an individual who acts as a 19
guardian under AS 13.29.005 - 13.29.150 [13.26.101 - 13.26.316] and receives 20
compensation for acting in that capacity; 21
* Sec. 19. AS 08.26.190 is amended by adding new paragraphs to read: 22
(11) "individual subject to conservatorship" has the meaning given in 23
AS 13.29.590(b); 24
(12) "individual subject to guardianship" has the meaning given in 25
AS 13.29.590(b). 26
* Sec. 20. AS 09.15.010 is amended to read: 27
Sec. 09.15.010. Parents or guardian may sue for injuries or death to child. 28
A parent may maintain an action as plaintiff for the injury or death of a child below 29
the age of majority. A guardian may maintain an action as plaintiff for the injury or 30
death of an individual subject to guardianship [A WARD]. 31
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* Sec. 21. AS 09.15.020 is amended to read: 1
Sec. 09.15.020. Parents or guardian may sue for seduction of child. A 2
parent may maintain an action as plaintiff for the seduction of a child below the age of 3
majority. The guardian may maintain an action as plaintiff for the seduction of an 4
individual subject to guardianship [A WARD]. The action may be maintained even 5
though the child or individual subject to guardianship [WARD] is not living with or 6
in the service of the plaintiff at the time of the seduction or afterwards and there is no 7
loss of service. 8
* Sec. 22. AS 11.56.740(a) is amended to read: 9
(a) A person commits the crime of violating a protective order if the person is 10
subject to a protective order 11
(1) issued, filed, or recognized under AS 18.66 and containing a 12
provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 13
commit an act with reckless disregard that the act violates or would violate a provision 14
of the protective order; 15
(2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 16
18.65.867 and knowingly commits or attempts to commit an act that violates or would 17
violate a provision listed in AS 18.65.850(c)(1) - (3); or 18
(3) issued under AS 13.29.333 or former AS 13.26.450 - 13.26.460 19
and knowingly commits or attempts to commit an act with reckless disregard that the 20
act violates or would violate a provision of the protective order. 21
* Sec. 23. AS 11.56.740(c) is amended to read: 22
(c) In this section, "protective order" means an order issued, filed, or 23
recognized under AS 13.29.333, former AS 13.26.450 - 13.26.460, AS 18.65.850 - 24
18.65.870, or AS 18.66.100 - 18.66.180. 25
* Sec. 24. AS 13.06.010(b) is amended to read: 26
(b) The underlying purposes and policies of AS 13.06 - AS 13.36 are to 27
(1) simplify and clarify the law concerning the affairs of decedents, 28
missing persons, [PROTECTED PERSONS,] minors, [AND] incapacitated persons, 29
and individuals subject to guardianship or conservatorship; 30
(2) discover and make effective the intent of a decedent in distribution 31
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of the decedent's property; 1
(3) promote a speedy and efficient system for liquidating the estate of 2
the decedent and making distribution to the decedent's successors; 3
(4) facilitate use and enforcement of certain trusts; and 4
(5) make uniform the law among the various jurisdictions. 5
* Sec. 25. AS 13.06.050(6) is amended to read: 6
(6) "claims," in respect to estates of decedents and individuals subject 7
to conservatorship [PROTECTED PERSONS], includes liabilities of the decedent or 8
individual subject to conservatorship [PROTECTED PERSON], whether arising in 9
contract, in tort, or in another way, and liabilities of the estate that arise at or after the 10
death of the decedent or after the appointment of a conservator, including funeral 11
expenses and expenses of administration; "claims" does not include estate or 12
inheritance taxes, or demands or disputes regarding title of a decedent or individual 13
subject to conservatorship [PROTECTED PERSON] to specific assets alleged to be 14
included in the estate; 15
* Sec. 26. AS 13.06.050(7) is amended to read: 16
(7) "conservator" has the meaning given in AS 13.29.590(b) 17
[MEANS A PERSON WHO IS APPOINTED BY A COURT TO MANAGE THE 18
ESTATE OF A PROTECTED PERSON]; 19
* Sec. 27. AS 13.06.050(12) is amended to read: 20
(12) "disability" means a cause for a conservatorship or protective 21
arrangement instead of conservatorship under AS 13.29 [PROTECTIVE ORDER 22
AS DESCRIBED IN AS 13.26.401]; 23
* Sec. 28. AS 13.06.050(22) is amended to read: 24
(22) "guardian" has the meaning given in AS 13.29.590(b) [MEANS 25
A PERSON WHO HAS QUALIFIED AS A GUARDIAN OF A MINOR OR 26
INCAPACITATED PERSON IN ACCORDANCE WITH TESTAMENTARY OR 27
COURT APPOINTMENT, BUT EXCLUDES A PERSON WHO IS MERELY A 28
GUARDIAN AD LITEM]; 29
* Sec. 29. AS 13.06.050(26) is amended to read: 30
(26) "interested person" includes heirs, devisees, children, spouses, 31
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creditors, beneficiaries, and other persons having property rights in or claims against a 1
trust estate or the estate of a decedent or individual subject to guardianship or 2
conservatorship [, WARD, OR PROTECTED PERSON]; "interested person" also 3
includes persons having priority for appointment as personal representative, and other 4
fiduciaries representing interested persons; "interested person," as it relates to 5
particular persons, may vary from time to time and its meaning shall be determined 6
according to the particular purposes of, and matter involved in, a proceeding; 7
* Sec. 30. AS 13.06.050(59) is amended to read: 8
(59) "trust" includes an express trust, private or charitable, with 9
additions to the trust, wherever and however created; "trust" also includes a trust 10
created or determined by judgment or decree under which the trust is to be 11
administered in the manner of an express trust; "trust" excludes other constructive 12
trusts, resulting trusts, conservatorships, personal representatives, trust accounts that 13
are POD designation accounts under AS 13.33.201 - 13.33.227, custodial 14
arrangements under AS 13.29 [AS 13.26] or AS 13.46, business trusts providing for 15
certificates to be issued to beneficiaries, common trust funds, voting trusts, security 16
arrangements, liquidation trusts, trusts for the primary purpose of paying debts, 17
dividends, interest, salaries, wages, profits, pensions, or employee benefits of any 18
kind, and any arrangement under which a person is nominee or escrowee for another; 19
* Sec. 31. AS 13.06.050 is amended by adding new paragraphs to read: 20
(63) "individual subject to conservatorship" has the meaning given in 21
AS 13.29.590(b); 22
(64) "individual subject to guardianship" has the meaning given in 23
AS 13.29.590(b). 24
* Sec. 32. AS 13.06.060 is amended to read: 25
Sec. 13.06.060. Applicability. Except as otherwise provided in AS 13.06 - 26
AS 13.36, AS 13.06 - AS 13.36 apply to 27
(1) the affairs and estates of decedents, missing persons, and persons to 28
be protected, domiciled in this state; 29
(2) the property of nonresidents located in this state or property 30
coming into the control of a fiduciary who is subject to the laws of this state; 31
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(3) individuals subject to guardianship or conservatorship, 1
incapacitated persons, and minors in this state; 2
(4) survivorship and related accounts in this state; and 3
(5) trusts subject to administration in this state. 4
* Sec. 33. AS 13.06.065 is amended to read: 5
Sec. 13.06.065. Subject matter jurisdiction. To the full extent permitted by 6
the constitution, the court has jurisdiction over all subject matter relating to 7
(1) estates of decedents, including construction of wills and 8
determination of heirs and successors of decedents, and estates of individuals subject 9
to conservatorship [PROTECTED PERSONS]; and 10
(2) [PROTECTION OF MINORS AND INCAPACITATED 11
PERSONS; AND 12
(3)] trusts. 13
* Sec. 34. AS 13.06.070(b) is amended to read: 14
(b) If proceedings concerning the same estate [, PROTECTED PERSON, 15
WARD,] or trust are commenced in more than one court of this state, the court in 16
which the proceeding was first commenced shall continue to hear the matter, and the 17
other courts shall hold the matter in abeyance until the question of venue is decided, 18
and if the ruling court determines that venue is properly in another court, it shall 19
transfer the proceeding to the other court. 20
* Sec. 35. AS 13.06.080 is amended to read: 21
Sec. 13.06.080. Records and certified copies. The clerk of the court shall 22
keep a record for each decedent, individual subject to guardianship or 23
conservatorship [WARD, PROTECTED PERSON], or trust involved in any 24
document that may be filed with the court under AS 13.06 - AS 13.36, including 25
petitions and applications, demands for notices or bonds, trust registrations, and of any 26
orders or responses relating thereto by the registrar or court, and establish and 27
maintain a system for indexing, filing, or recording that is sufficient to enable users of 28
the records to obtain adequate information. Upon payment of the fees required by law, 29
the clerk shall issue certified copies of any probated wills, letters issued to personal 30
representatives, or any other record or paper filed or recorded. Certificates relating to 31
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probated wills must indicate whether the decedent was domiciled in this state and 1
whether the probate was formal or informal. Certificates relating to letters must show 2
the date of appointment. 3
* Sec. 36. AS 13.06.120(a) is amended to read: 4
(a) In any proceedings involving trusts, nonprobate assets, or estates of 5
decedents, minors, [PROTECTED PERSONS, OR] incapacitated persons, or 6
individuals subject to guardianship or conservatorship brought under AS 13.06 - 7
AS 13.36 or AS 13.38, the following apply: 8
(1) interests to be affected shall be described in pleadings that give 9
reasonable information to owners by name or class, by reference to the instrument 10
creating the interests, or in other appropriate manner; 11
(2) persons are bound by orders binding others in the following cases: 12
(A) orders binding the sole holder or all co-holders of a power 13
of revocation or a general or nongeneral power of appointment, including one 14
in the form of a power of amendment, bind other persons to the extent their 15
interests, as objects, takers in default, or otherwise, are subject to the power; 16
(B) to the extent there is no conflict of interest between them or 17
among persons represented, orders binding a conservator bind the person 18
whose estate the conservator controls; orders binding a guardian bind the 19
individual subject to guardianship [WARD] if no conservator of the estate 20
has been appointed; orders binding a trustee bind beneficiaries of the trust in 21
proceedings to probate a will establishing or adding to a trust, to review the 22
acts or accounts of a prior fiduciary, and in proceedings involving creditors or 23
other third parties; orders binding a personal representative bind persons 24
interested in the undistributed assets of a decedent's estate in actions or 25
proceedings by or against the estate; and orders binding an agent having 26
authority to act with respect to the particular questions or dispute bind the 27
principal; if there is no conflict of interest and no conservator or guardian has 28
been appointed, a parent may represent the minor child; 29
(C) an unborn person, a minor, an incapacitated person, 30
individual subject to guardianship or conservatorship, or a person whose 31
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identity or location is unknown or not reasonably ascertainable who is not 1
otherwise represented is bound by an order to the extent the interest is 2
adequately represented by another party having a substantially identical 3
interest in the proceeding; 4
(D) with regard to interests given upon the happening of a 5
certain event to persons who comprise a certain class, orders binding the living 6
persons who would constitute the class, if the event had happened immediately 7
before the commencement of the proceeding, bind all members of the class; 8
(E) with regard to an interest given to a living person when the 9
same interest or a share of the interest is to pass to the surviving spouse or to 10
persons who are or might be the distributees, devisees, heirs, or issue of the 11
living person upon the happening of a future event, orders binding the living 12
person bind the surviving spouse, distributees, devisees, heirs, or issue of the 13
living person; 14
(F) with regard to interests given to a person or a class of 15
persons, or to both, upon the happening of a future event, if the same interest 16
or a share of the interest is to pass to another person or class of persons, or to 17
both, upon the happening of an additional future event, orders binding the 18
living person or class of persons who would take the interest upon the 19
happening of the first event bind the persons and classes of persons who might 20
take on the happening of the additional future event; 21
(G) if a person is designated by a trust instrument to represent 22
and bind a born or unborn beneficiary of the trust and receive a notice, 23
information, accounting, or report for the beneficiary, then the beneficiary is 24
bound by an order binding the designated person; in this subparagraph, 25
(i) the settlor may make the designation in the trust 26
instrument, in a separate document, or by a trust protector authorized in 27
the trust instrument to make the designation; 28
(ii) except as otherwise provided in this subparagraph, a 29
person designated under (i) of this subparagraph may not represent and 30
bind a beneficiary while the designated person is serving as trustee; 31
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(iii) except as otherwise provided in this subparagraph, 1
a person designated under (i) of this subparagraph may not represent 2
and bind another beneficiary if the designated person also is a 3
beneficiary, unless the designated person was named by the settlor, is 4
the beneficiary's spouse, or is a grandparent or descendant of a 5
grandparent of the beneficiary or the beneficiary's spouse; in this sub-6
subparagraph, "spouse" means the individual to whom the beneficiary 7
is married and with whom the beneficiary is living, and a physical 8
separation primarily for education, business, health, and similar reasons 9
does not prevent the individual from being considered to be living with 10
the beneficiary; 11
(3) a person representing another person under (2)(A) - (F) of this 12
section and a person designated under (2)(G)(i) of this section are not liable to the 13
beneficiary whose interests are represented, or to a person claiming through that 14
beneficiary, for an action or omission to act made in good faith; 15
(4) notice is required as follows: 16
(A) notice as prescribed by AS 13.06.110 shall be given to 17
every interested person or to one person who can bind an interested person as 18
described in (2)(A), (B), or (D) - (G) of this section; notice may be given both 19
to a person and to another person who may bind the person; 20
(B) notice is given to unborn persons, a minor, an incapacitated 21
person, individual subject to guardianship or conservatorship, or a person 22
whose identity or location is unknown or not reasonably ascertainable, and 23
persons who are not represented under (2)(A), (B), or (D) - (G) of this section, 24
by giving notice to all known persons whose interests in the proceedings are 25
substantially identical to those of the unborn persons, [THE] minor, [THE] 26
incapacitated person, individual subject to guardianship or 27
conservatorship, or the person whose identity or location is unknown or not 28
reasonably ascertainable; 29
(5) at any point in a proceeding, a court may appoint a guardian ad 30
litem to represent the interest of an unborn person, a minor, incapacitated person, 31
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individual subject to guardianship or conservatorship, or a person whose identity 1
or address is unknown or not reasonably ascertainable, if the court determines that 2
representation of the interest otherwise would be inadequate; if not precluded by 3
conflict of interests, a guardian ad litem may be appointed to represent several persons 4
or interests; the court shall set out its reasons for appointing a guardian ad litem as a 5
part of the record of the proceeding. 6
* Sec. 37. AS 13.16.040(a) is amended to read: 7
(a) An informal probate or appointment proceeding or formal testacy or 8
appointment proceeding, other than a proceeding to probate a will previously probated 9
at the testator's domicile and appointment proceedings relating to an estate in which 10
there has been a prior appointment, may not be commenced more than three years 11
after the decedent's death, except 12
(1) if a previous proceeding was dismissed because of doubt about the 13
fact of the decedent's death, appropriate probate, appointment, or testacy proceedings 14
may be maintained at any time after the dismissal upon a finding that the decedent's 15
death occurred before the initiation of the previous proceeding and the applicant or 16
petitioner has not delayed unduly in initiating the subsequent proceeding; 17
(2) appropriate probate, appointment, or testacy proceedings may be 18
maintained in relation to the estate of an absent, disappeared, or missing person for 19
whose estate a conservator has been appointed, at any time within three years after the 20
conservator becomes able to establish the death of the individual subject to 21
conservatorship [PROTECTED PERSON]; 22
(3) a proceeding to contest an informally probated will and to secure 23
appointment of the person with legal priority for appointment in the event the contest 24
is successful, may be commenced within the later of 12 months from the informal 25
probate or three years from the decedent's death; 26
(4) an informal appointment or a formal testacy or appointment 27
proceeding may be commenced after the three years if proceedings concerning the 28
succession or estate administration have not occurred within the three-year period after 29
the decedent's death, but the personal representative may not possess estate assets as 30
provided in AS 13.16.380 beyond that necessary to confirm title to the assets in the 31
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successors to the estate and claims other than expenses of administration may not be 1
presented against the estate; and 2
(5) a formal testacy proceeding may be commenced at any time after 3
three years from the decedent's death for the purpose of establishing an instrument to 4
direct or control the ownership of property passing or distributable after the decedent's 5
death from a person other than the decedent when the property is to be appointed by 6
the terms of the decedent's will or is to pass or be distributed as a part of the decedent's 7
estate or its transfer is otherwise to be controlled by the terms of the decedent's will. 8
* Sec. 38. AS 13.16.065(d) is amended to read: 9
(d) Conservators of the estates of individuals subject to conservatorship 10
[PROTECTED PERSONS], or if there is no conservator, any guardian except a 11
guardian ad litem of an individual subject to guardianship or conservatorship or a 12
minor [OR INCAPACITATED PERSON], may exercise the same right to nominate, 13
to object to another's appointment, or to participate in determining the preference of a 14
majority in interest of the heirs and devisees that the individual subject to 15
guardianship or conservatorship [PROTECTED PERSON OR WARD] would have 16
if qualified for appointment. 17
* Sec. 39. AS 13.16.285 is amended to read: 18
Sec. 13.16.285. Termination of appointment; death or disability. The death 19
of a personal representative or the appointment of a conservator for the estate of a 20
personal representative, terminates the personal representative's appointment. Until 21
appointment and qualification of a successor or special representative to replace the 22
deceased personal representative or personal [PROTECTED] representative subject 23
to guardianship or conservatorship, the representative of the estate of the deceased 24
representative or [PROTECTED] personal representative subject to guardianship 25
or conservatorship, if any, has the duty to protect the estate possessed and being 26
administered by the decedent or personal representative subject to guardianship or 27
conservatorship [WARD] at the time the appointment terminates, has the power to 28
perform acts necessary for protection, and shall account for and deliver the estate 29
assets to a successor or special personal representative upon appointment and 30
qualification. 31
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* Sec. 40. AS 13.26.635(a) is amended to read: 1
(a) The following persons may petition a court in accordance with the 2
provisions of AS 13.29 [AS 13.26.401 - 13.26.595] to construe a power of attorney, 3
review the agent's conduct, and grant appropriate relief: 4
(1) the principal or the agent; 5
(2) the principal's attorney or other legal representative; 6
(3) a guardian, conservator, or other fiduciary acting for the principal; 7
(4) a person authorized to make health care decisions for the principal; 8
(5) the principal's spouse, parent, or descendant; 9
(6) an individual who would qualify as a presumptive heir of the 10
principal; 11
(7) a person named as a beneficiary to receive any property, benefit, or 12
contractual right on the principal's death or as a beneficiary of a trust created by or for 13
the principal that has a financial interest in the principal's estate; 14
(8) the Department of Health, the Department of Administration, the 15
office of the long term care ombudsman, or other governmental agency having 16
statutory authority to protect the welfare of the principal; 17
(9) the principal's caregiver, custodian, or another person that 18
demonstrates sufficient interest in the principal's welfare; and 19
(10) a person asked to accept the power of attorney. 20
* Sec. 41. AS 13.26.700 is amended to read: 21
Sec. 13.26.700. Purpose. The legislature recognizes that many Alaskans [, 22
FOR REASONS OF INCAPACITY OR MINORITY,] are in need of a guardian or 23
conservator and [. OFTEN THESE PERSONS] cannot find a person able and willing 24
to serve as guardian or conservator. The legislature intends through AS 13.26.700 - 25
13.26.750 to establish the function of public guardian for the purpose of furnishing 26
guardianship and conservatorship services. It further intends by establishing this 27
function to provide assistance to guardians throughout the state in securing necessary 28
services for individuals subject to guardianship [THEIR WARDS] and to assist the 29
courts, attorneys, visitors, respondents, and proposed guardians in the orderly and 30
expeditious handling of guardianship proceedings. 31
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* Sec. 42. AS 13.26.710(b) is amended to read: 1
(b) A court may order the public guardian to provide a [ACT AS] full 2
guardianship [GUARDIAN], limited guardianship [PARTIAL GUARDIAN], full 3
conservatorship [CONSERVATOR], or limited conservatorship [SPECIAL 4
CONSERVATOR] for a person who is determined under AS 13.29 or this chapter to 5
be in need of guardianship or conservatorship service if no person or private 6
guardianship association is willing and qualified to perform the function. 7
* Sec. 43. AS 13.26.720(a) is amended to read: 8
(a) The public guardian has the same powers and duties when acting as a 9
guardian or conservator for an individual subject to guardianship or 10
conservatorship [WITH RESPECT TO THE PUBLIC GUARDIAN'S WARDS AND 11
PROTECTED PERSONS] as a private guardian or conservator. 12
* Sec. 44. AS 13.26.720(b) is amended to read: 13
(b) The public guardian, when appointed as guardian or conservator, shall 14
endeavor, for as long as practical, to find a suitable private guardian or conservator for 15
the individual subject to guardianship or conservatorship [PUBLIC 16
GUARDIAN'S WARD OR PROTECTED PERSON]. For each individual subject to 17
guardianship or conservatorship [WARD AND PROTECTED PERSON], the 18
public guardian shall include in the [ITS] annual reports required [REPORT] under 19
AS 13.29.140 and 13.29.265 [AS 13.26.276(a)] to the court having jurisdiction of the 20
individual subject to guardianship or conservatorship [WARD OR PROTECTED 21
PERSON] information on the availability of a private guardian or conservator. 22
* Sec. 45. AS 13.26.720(c) is amended to read: 23
(c) The public guardian shall 24
(1) establish and maintain relationships with governmental, public, and 25
private agencies, institutions, and organizations to assure the most effective 26
guardianship or conservatorship program for each individual subject to 27
guardianship or conservatorship [WARD AND PROTECTED PERSON]; 28
(2) visit each of the public guardian's individuals subject to 29
guardianship or conservatorship [WARDS AND PROTECTED PERSONS] at least 30
once every quarter to monitor their welfare; 31
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(3) keep and maintain financial and statistical records of all cases in 1
which the public guardian provides guardianship or conservatorship services; 2
(4) provide information and referrals to the public regarding 3
guardianship and conservatorship proceedings, but not information that would identify 4
a particular case; 5
(5) assist guardians and court-appointed visitors of individuals 6
subject to guardianship [WARDS] and respondents in the preparation and revision 7
of guardianship plans and reports; 8
(6) assist guardians to understand the disabilities of individuals 9
subject to guardianship [WARDS] and to foster the increased independence of 10
individuals subject to guardianship [WARDS]; 11
(7) assist guardians in securing the rights, benefits, and services to 12
which their individuals subject to guardianship [WARDS] are entitled; 13
(8) develop and maintain a current listing of public and private 14
medical, mental health, social advocacy, educational, rehabilitative, counseling, 15
therapeutic, homemaking, recreational, and financial services and programs available 16
to assist individuals subject to guardianship or conservatorship [WARDS AND 17
PROTECTED PERSONS] and their families. 18
* Sec. 46. AS 13.26.730 is amended to read: 19
Sec. 13.26.730. Intervention by public guardian. The public guardian may, 20
on the public guardian's own motion or at the request of the court, intervene in a 21
guardianship or conservatorship proceeding if the public guardian or the court 22
considers the intervention to be justified because 23
(1) an appointed guardian or conservator is not fulfilling duties; 24
(2) the estate is subject to waste as a result of the costs of the 25
guardianship or conservatorship; 26
(3) a willing and qualified guardian or conservator is not available; or 27
(4) the best interests of the individual subject to guardianship or 28
conservatorship [WARD], respondent, [PROTECTED PERSON,] or person who is 29
the subject of a conservatorship proceeding require the intervention. 30
* Sec. 47. AS 13.26.740 is amended to read: 31
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Sec. 13.26.740. Staff; delegation of powers and duties. The public guardian 1
may employ staff and delegate to members of the staff or to volunteers the powers and 2
duties as guardian or conservator and other powers and duties under AS 13.29 or this 3
chapter. However, the public guardian retains responsibility for the proper 4
performance of the delegated powers and duties. The public guardian may only 5
delegate powers and duties under AS 13.29 or this chapter to an individual who is not 6
prohibited from being a guardian under AS 13.29.100(d) or (e) or conservator 7
under AS 13.29.200(d) or (e) [MEETS THE ELIGIBILITY REQUIREMENTS OF 8
AS 13.26.311] and has passed the criminal history record information check under 9
AS 08.26.070. In addition, the individual must either hold a current certification as a 10
guardian from a nationally recognized organization at the time of the delegation or 11
apply for and receive that certification within one year of the delegation. 12
* Sec. 48. AS 13.26.750(a) is amended to read: 13
(a) The commissioner of administration may establish by regulation a 14
schedule of reasonable fees for the costs of the public guardian's services. The fee 15
schedule established may be based on [UPON] the ability of the individual subject to 16
guardianship or conservatorship [WARD OR PROTECTED PERSON] to pay for 17
guardian services but may not exceed the actual cost of providing public guardian 18
services. The office of public advocacy shall charge and collect the fees established 19
under this subsection, but may waive collection of a fee upon a finding that collection 20
is not economically feasible or in the public interest. 21
* Sec. 49. AS 13.26.750(c) is amended to read: 22
(c) The public guardian may investigate the financial status of (1) a person 23
who requests the appointment of the public guardian as the person's guardian or 24
conservator; and (2) an individual subject to guardianship [A WARD] for whom a 25
court has appointed the public guardian. 26
* Sec. 50. AS 13.26.750(e) is amended to read: 27
(e) Before the office of public advocacy releases the [A WARD'S] funds of an 28
individual subject to guardianship following the termination of the public guardian's 29
appointment, the office may collect from the [WARD'S] funds of the individual 30
subject to guardianship held by the office the reasonable value of the services 31
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rendered without cost to the individual subject to guardianship or conservatorship 1
[WARD OR PROTECTED PERSON]. 2
* Sec. 51. AS 13.27.030(a) is amended to read: 3
(a) In a guardianship or protective proceeding in this state, a court may request 4
the appropriate court of another state to 5
(1) hold an evidentiary hearing; 6
(2) order a person in that state to produce evidence or give testimony 7
under procedures of that state; 8
(3) order that an evaluation or assessment be made of the respondent; 9
(4) order any appropriate investigation of a person involved in a 10
proceeding; 11
(5) forward to the court a certified copy of the transcript or other 12
record of a hearing under (1) of this subsection or any other proceeding, any evidence 13
otherwise produced under (2) of this subsection, and any evaluation or assessment 14
prepared in compliance with an order under (3) or (4) of this subsection; 15
(6) issue any order necessary to assure the appearance in the 16
proceeding of a person whose presence is necessary for the court to make a 17
determination, including the respondent or the adult subject to guardianship or 18
conservatorship [INCAPACITATED OR PROTECTED PERSON]; 19
(7) issue an order authorizing the release of medical, financial, 20
criminal, or other relevant information in that state, including protected health 21
information as defined in 45 C.F.R. 160.103, as amended. 22
* Sec. 52. AS 13.27.120(a) is amended to read: 23
(a) A court of this state lacking jurisdiction under AS 13.27.110 has special 24
jurisdiction to 25
(1) appoint a guardian in an emergency for a term not exceeding 90 26
days for a respondent who is physically present in this state; 27
(2) issue a protective order with respect to real or tangible personal 28
property located in this state; 29
(3) appoint a guardian or conservator for an adult subject to 30
guardianship or conservatorship [INCAPACITATED OR PROTECTED PERSON] 31
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for whom a provisional order to transfer the proceeding from another state has been 1
issued under procedures similar to AS 13.27.200. 2
* Sec. 53. AS 13.27.200(c) is amended to read: 3
(c) On the court's own motion or on request of the guardian or conservator, the 4
adult subject to guardianship or conservatorship [INCAPACITATED OR 5
PROTECTED PERSON], or other person required to be notified of the petition, the 6
court shall hold a hearing on a petition filed under (a) of this section. 7
* Sec. 54. AS 13.27.200(d) is amended to read: 8
(d) The court shall issue an order provisionally granting a petition to transfer a 9
guardianship and shall direct the guardian to petition for guardianship in the other state 10
if the court is satisfied that the guardianship will be accepted by the court in the other 11
state and the court finds that 12
(1) the adult subject to guardianship [INCAPACITATED PERSON] 13
is physically present in or is reasonably expected to move permanently to the other 14
state; 15
(2) an objection to the transfer has not been made or, if an objection 16
has been made, the objector has not established that the transfer would be contrary to 17
the interests of the adult subject to guardianship [INCAPACITATED PERSON]; 18
and 19
(3) plans for care and services for the adult subject to guardianship 20
[INCAPACITATED PERSON] in the other state are reasonable and sufficient. 21
* Sec. 55. AS 13.27.200(e) is amended to read: 22
(e) The court shall issue a provisional order granting a petition to transfer a 23
conservatorship and shall direct the conservator to petition for conservatorship in the 24
other state if the court is satisfied that the conservatorship will be accepted by the 25
court of the other state and the court finds that 26
(1) the adult subject to conservatorship [PROTECTED PERSON] is 27
physically present in or is reasonably expected to move permanently to the other state, 28
or the adult subject to conservatorship [PROTECTED PERSON] has a significant 29
connection to the other state considering the factors set out in AS 13.27.180(3); 30
(2) an objection to the transfer has not been made or, if an objection 31
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has been made, the objector has not established that the transfer would be contrary to 1
the interests of the adult subject to conservatorship [PROTECTED PERSON]; and 2
(3) adequate arrangements will be made for management of the 3
[PROTECTED PERSON'S] property of the adult subject to conservatorship. 4
* Sec. 56. AS 13.27.210(c) is amended to read: 5
(c) On the court's own motion or on request of the guardian or conservator, the 6
adult subject to guardianship or conservatorship [INCAPACITATED OR 7
PROTECTED PERSON,] or other person required to be notified of the proceeding, 8
the court may hold a hearing on a petition filed under (a) of this section. 9
* Sec. 57. AS 13.27.210(d) is amended to read: 10
(d) The court shall issue a provisional order granting a petition filed under (a) 11
of this section unless 12
(1) an objection is made and the objector establishes that transfer of the 13
proceeding would be contrary to the interests of the adult subject to guardianship or 14
conservatorship [INCAPACITATED OR PROTECTED PERSON]; or 15
(2) the guardian or conservator is ineligible for an appointment in this 16
state. 17
* Sec. 58. AS 13.27.210(g) is amended to read: 18
(g) In granting a petition under this section, the court shall recognize a 19
guardianship or conservatorship order from the other state, including the determination 20
of the adult subject to guardianship or conservatorship's [INCAPACITATED OR 21
PROTECTED PERSON'S] incapacity and the appointment of the guardian or 22
conservator. 23
* Sec. 59. AS 13.27.210(h) is amended to read: 24
(h) The denial by a court of this state of a petition to accept a guardianship or 25
conservatorship transferred from another state does not affect the ability of the 26
guardian or conservator to seek appointment as guardian or conservator in this state 27
under AS 13.29.060 or 13.29.155 [AS 13.26.266 OR 13.26.401] if the court has 28
jurisdiction to make an appointment other than by reason of the provisional order of 29
transfer. 30
* Sec. 60. AS 13.27.310 is amended to read: 31
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Sec. 13.27.310. Registration of protective orders. If a conservator has been 1
appointed in another state and a petition for a protective order is not pending in this 2
state, the conservator appointed in the other state, after giving notice to the appointing 3
court of an intent to register, may register the protective order in this state by filing as 4
a foreign judgment in a court of this state, in any judicial district in which property 5
belonging to the adult subject to conservatorship [PROTECTED PERSON] is 6
located, certified copies of the order and letters of office and of any bond. 7
* Sec. 61. AS 13.27.420 is amended to read: 8
Sec. 13.27.420. Relation to AS 13.29 [AS 13.26]. Nothing in this chapter 9
limits the rights of an adult subject to guardianship or conservatorship 10
[INCAPACITATED PERSON] available in a guardianship or conservatorship 11
proceeding in this state under AS 13.29.060 or 13.29.155 [AS 13.26]. 12
* Sec. 62. AS 13.27.490(2) is amended to read: 13
(2) "conservator" means a person appointed by the court to administer 14
the property of an adult, including a person appointed under AS 13.29.155 15
[AS 13.26.401]; 16
* Sec. 63. AS 13.27.490(3) is amended to read: 17
(3) "guardian" means a person appointed by the court to make 18
decisions regarding the person of an adult, including a person appointed under 19
AS 13.29.060 [AS 13.26.266]; however, if the person was appointed as a full guardian 20
under AS 13.29 [AS 13.26], the person has the powers and duties set out for a 21
guardian of an adult under AS 13.29 [AS 13.26.316]; 22
* Sec. 64. AS 13.27.490(8) is amended to read: 23
(8) "person" means [, EXCEPT IN THE TERMS INCAPACITATED 24
PERSON OR PROTECTED PERSON,] an individual, corporation, business trust, 25
estate, trust, partnership, limited liability company, association, joint venture, public 26
corporation, government or governmental subdivision, agency, or instrumentality, or 27
any other legal or commercial entity; 28
* Sec. 65. AS 13.27.490 is amended by adding new paragraphs to read: 29
(15) "adult subject to conservatorship" means an adult for whom a 30
protective order has been issued; 31
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(16) "adult subject to guardianship" means an adult for whom a 1
guardian has been appointed. 2
* Sec. 66. AS 13 is amended by adding a new chapter to read: 3
Chapter 29. Uniform Guardianship, Conservatorship, and Other Protective 4
Arrangements Act. 5
Article 1. Guardianship of Minor. 6
Sec. 13.29.005. Basis for appointment of guardian for minor. (a) A person 7
becomes a guardian for a minor only on appointment by the court. 8
(b) The court may appoint a guardian for a minor who does not have a 9
guardian if the court finds the appointment is in the best interest of the minor and 10
(1) each parent of the minor, after being fully informed of the nature 11
and consequences of guardianship, consents; 12
(2) all parental rights have been terminated; or 13
(3) there is clear and convincing evidence that no parent of the minor 14
is willing or able to exercise the powers the court is granting the guardian. 15
(c) Procedures relating to subsidized guardianships for hard-to-place children 16
are governed by AS 25.23.200 - 25.23.240. 17
(d) In addition to the applicable procedures under this chapter, a guardianship 18
decree and review of a guardianship decree are governed by the procedures 19
established under AS 25.23.180 and, for a child in need of aid, AS 47.10.089, 20
pertaining to voluntary relinquishment of parental rights and retaining of parental 21
privileges in a guardianship decree. 22
Sec. 13.29.010. Petition for appointment of guardian for minor. (a) A 23
minor or other person interested in the welfare of a minor may petition for 24
appointment of a guardian for the minor. 25
(b) A petition under (a) of this section must state the petitioner's name, 26
principal residence and, if different, current street address, relationship to the minor, 27
interest in the appointment, the name and address of any attorney representing the 28
petitioner, and, to the extent known, the following: 29
(1) the minor's name, age, principal residence and, if different, current 30
street address, and, if different, address of the dwelling in which it is proposed the 31
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minor will reside if the appointment is made; 1
(2) the name and current street address of the minor's parents; 2
(3) the name and address, if known, of each person that had primary 3
care or custody of the minor for at least 60 days during the two years immediately 4
before the filing of the petition or for at least 730 days during the five years 5
immediately before the filing of the petition; 6
(4) the name and address of any attorney for the minor and any 7
attorney for each parent of the minor; 8
(5) the reason guardianship is sought and would be in the best interest 9
of the minor; 10
(6) the name and address of any proposed guardian and the reason the 11
proposed guardian should be selected; 12
(7) if the minor has property other than personal effects, a general 13
statement of the minor's property with an estimate of its value; 14
(8) whether the minor or any parent of the minor needs an interpreter, 15
translator, or other form of support to communicate effectively with the court or 16
understand court proceedings; 17
(9) whether any other proceeding concerning the care or custody of the 18
minor is pending in any court in this state or another jurisdiction. 19
Sec. 13.29.015. Notice of hearing for appointment of guardian for minor. 20
(a) If a petition is filed under AS 13.29.010, the court shall schedule a hearing and the 21
petitioner shall 22
(1) serve notice of the date, time, and place of the hearing, together 23
with a copy of the petition, on each of the following that is not the petitioner: 24
(A) the minor, if the minor will be 12 years of age or older at 25
the time of the hearing; 26
(B) each parent of the minor or, if there is none, the adult 27
nearest in kinship who can be found with reasonable diligence; 28
(C) any adult with whom the minor resides; 29
(D) each person that had primary care or custody of the minor 30
for at least 60 days during the two years immediately before the filing of the 31
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petition or for at least 730 days during the five years immediately before the 1
filing of the petition; and 2
(E) any other person the court determines should receive 3
service of notice; and 4
(2) give notice under AS 13.29.460 of the date, time, and place of the 5
hearing, together with a copy of the petition, to 6
(A) any person nominated as guardian by the minor, if the 7
minor is 12 years of age or older; 8
(B) any person nominated as guardian by a parent of the minor; 9
(C) each grandparent and adult sibling of the minor; 10
(D) any guardian or conservator acting for the minor in any 11
jurisdiction; and 12
(E) any other person the court determines should receive 13
notice. 14
(b) Notice required by (a) of this section must include a statement of the right 15
to request appointment of an attorney for the minor or object to appointment of a 16
guardian and a description of the nature, purpose, and consequences of the 17
appointment of a guardian. 18
(c) The court may not grant a petition for guardianship of a minor if notice 19
substantially complying with (a)(1) of this section is not served on 20
(1) the minor, if the minor is 12 years of age or older; and 21
(2) each parent of the minor, unless the court finds by clear and 22
convincing evidence that the parent cannot with due diligence be located and served or 23
the parent waived, in a record, the right to notice. 24
(d) If a petitioner is unable to serve notice under (a)(1) of this section on a 25
parent of a minor or alleges that the parent waived, in a record, the right to notice 26
under this section, the court shall appoint an investigator who shall 27
(1) interview the petitioner and the minor; 28
(2) if the petitioner alleges the parent cannot be located, ascertain 29
whether the parent cannot be located with due diligence; and 30
(3) investigate any other matter relating to the petition the court 31
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directs. 1
Sec. 13.29.020. Attorney for minor or parent. (a) A minor who is subject to 2
a proceeding under AS 13.29.010 is entitled to be represented by an attorney in the 3
proceeding. The court shall appoint an attorney to represent the minor in the 4
proceeding if the minor has not retained an attorney and 5
(1) an attorney is requested by the minor and the minor is 12 years of 6
age or older; 7
(2) appointment of an attorney is recommended by a guardian ad litem; 8
or 9
(3) the court determines the minor needs representation. 10
(b) If a minor who meets the conditions for appointment of an attorney under 11
(a) of this section is financially unable to employ an attorney, the court shall appoint 12
the office of public advocacy to represent the minor in the proceeding. 13
(c) An attorney representing a minor in a proceeding for appointment of a 14
guardian for the minor shall 15
(1) make a reasonable effort to ascertain the minor's wishes; 16
(2) advocate for the minor's wishes to the extent reasonably 17
ascertainable; and 18
(3) if the minor's wishes are not reasonably ascertainable, advocate for 19
the best interest of the minor. 20
(d) A parent of a minor who is the subject of a proceeding under AS 13.29.010 21
may retain an attorney to represent the parent in the proceeding. 22
Sec. 13.29.025. Attendance and participation at hearing for appointment 23
of guardian for minor. (a) The court shall require a minor who is the subject of a 24
hearing under AS 13.29.015 to attend the hearing and allow the minor to participate in 25
the hearing unless the court determines, by clear and convincing evidence presented at 26
the hearing or a separate hearing, that 27
(1) the minor consistently and repeatedly refused to attend the hearing 28
after being fully informed of the right to attend and, if the minor is 12 years of age or 29
older, the potential consequences of failing to do so; 30
(2) there is no practicable way for the minor to attend the hearing; 31
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(3) the minor lacks the ability or maturity to participate meaningfully 1
in the hearing; or 2
(4) attendance would be harmful to the minor. 3
(b) Unless excused by the court for good cause, the person proposed to be 4
appointed as guardian for a minor shall attend a hearing under AS 13.29.015. 5
(c) Each parent of a minor who is the subject of a hearing under AS 13.29.015 6
has the right to attend the hearing. 7
(d) A person may request permission to participate in a hearing under 8
13.29.015. The court may grant the request, with or without hearing, on determining 9
that it is in the best interest of the minor who is the subject of the hearing. The court 10
may impose appropriate conditions on the person's participation. 11
Sec. 13.29.030. Order of appointment; priority of nominee; limited 12
guardianship for minor. (a) After a hearing under AS 13.29.015, the court may 13
appoint a guardian for a minor if appointment is proper under AS 13.29.005, dismiss 14
the proceeding, or take other appropriate action consistent with state law. 15
(b) In appointing a guardian under (a) of this section, the following rules 16
apply: 17
(1) the court shall appoint a person nominated as guardian by a parent 18
of the minor in a will or other record unless the court finds the appointment is contrary 19
to the best interest of the minor; 20
(2) if multiple parents have nominated different persons to serve as 21
guardian, the court shall appoint the nominee whose appointment is in the best interest 22
of the minor, unless the court finds that appointment of the nominees is not in the best 23
interest of the minor; 24
(3) if a guardian is not appointed under (1) or (2) of this subsection, the 25
court shall appoint the person nominated by the minor if the minor is 12 years of age 26
or older unless the court finds that appointment is contrary to the best interest of the 27
minor; in that case, the court shall appoint as guardian a person whose appointment is 28
in the best interest of the minor. 29
(c) In the interest of maintaining or encouraging involvement by a minor's 30
parent in the minor's life, developing self-reliance of the minor, or for other good 31
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cause, the court, at the time of appointment of a guardian for the minor or later, on its 1
own or on motion of the minor or another interested person, may create a limited 2
guardianship by limiting the powers otherwise granted to the guardian under 3
AS 13.29.005 - 13.29.055. Following the same procedure, the court may grant 4
additional powers or withdraw powers previously granted. 5
(d) The court, as part of an order appointing a guardian for a minor, shall state 6
rights retained by any parent of the minor, which may include contact or visitation 7
with the minor; decision making regarding the minor's health care, education, or other 8
matters; or access to a record regarding the minor. 9
(e) An order granting a guardianship for a minor must 10
(1) state that each parent of the minor is entitled to notice that 11
(A) the guardian has delegated custody of the minor subject to 12
guardianship; 13
(B) the court has modified or limited the powers of the 14
guardian; or 15
(C) the court has removed the guardian; and 16
(2) identify any person in addition to a parent of the minor who is 17
entitled to notice of the events listed in (1) of this subsection. 18
Sec. 13.29.035. Standby guardian for minor. (a) A standby guardian 19
appointed under this section may act as guardian, with all duties and powers of a 20
guardian under AS 13.29.045 and 13.29.050, if the minor does not have a parent 21
willing or able to exercise the duties and powers granted to the guardian. 22
(b) A parent of a minor, in a signed record, may nominate a person to be 23
appointed by the court as standby guardian for the minor. The parent, in a signed 24
record, may state desired limitations on the powers to be granted to the standby 25
guardian. The parent, in a signed record, may revoke or amend the nomination at any 26
time before the court appoints a standby guardian. 27
(c) The court may appoint a standby guardian for a minor on 28
(1) petition by a parent of the minor or a person nominated as a 29
standby guardian under (b) of this section; and 30
(2) finding that the minor does not have a parent who will likely be 31
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able or willing to care for or make decisions with respect to the minor not later than 1
two years after the appointment. 2
(d) A petition under (c)(1) of this section must include the same information 3
required under AS 13.29.010 for the appointment of a guardian for a minor. 4
(e) On filing a petition under (c)(1) of this section, the petitioner shall 5
(1) serve a copy of the petition on 6
(A) the minor, if the minor is 12 years of age or older, and the 7
minor's attorney, if any; 8
(B) each parent of the minor; 9
(C) the person nominated as standby guardian; and 10
(D) any other person the court determines should receive a 11
copy; and 12
(2) include with the copy of the petition served under (1) of this 13
subsection a statement of the right to request appointment of an attorney for the minor 14
or to object to appointment of the standby guardian, and a description of the nature, 15
purpose, and consequences of appointment of a standby guardian. 16
(f) Not later than 60 days after service of the petition and statement, a person 17
entitled to notice under (e) of this section may object to appointment of the standby 18
guardian by filing an objection with the court and giving notice of the objection to any 19
other person entitled to notice under (e) of this section. 20
(g) If an objection is filed under (f) of this section, the court shall hold a 21
hearing to determine whether a standby guardian should be appointed and, if so, the 22
person that should be appointed. If no objection is filed, the court may make the 23
appointment. 24
(h) The court may not grant a petition for a standby guardian of the minor if 25
notice substantially complying with (e) of this section is not served on 26
(1) the minor, if the minor is 12 years of age or older; and 27
(2) each parent of the minor, unless the court finds by clear and 28
convincing evidence that the parent, in a record, waived the right to notice or cannot 29
be located and served with due diligence. 30
(i) If a petitioner is unable to serve notice under (e) of this section on a parent 31
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of the minor or alleges that a parent of the minor waived the right to notice under this 1
section, the court shall appoint a visitor who shall 2
(1) interview the petitioner and the minor; 3
(2) if the petitioner alleges the parent cannot be located and served, 4
ascertain whether the parent cannot be located with due diligence; and 5
(3) investigate any other matter relating to the petition the court 6
directs. 7
(j) If the court finds under (c) of this section that a standby guardian should be 8
appointed, the following rules apply: 9
(1) the court shall appoint the person nominated under (b) of this 10
section unless the court finds the appointment is contrary to the best interest of the 11
minor; 12
(2) if the parents have nominated different persons to serve as standby 13
guardian, the court shall appoint the nominee whose appointment is in the best interest 14
of the minor, unless the court finds that appointment of the nominees is not in the best 15
interest of the minor. 16
(k) An order appointing a standby guardian under this section must state that 17
each parent of the minor is entitled to notice, and identify any other person entitled to 18
notice, if 19
(1) the standby guardian assumes the duties and powers of the 20
guardian; 21
(2) the guardian delegates custody of the minor; 22
(3) the court modifies or limits the powers of the guardian; or 23
(4) the court removes the guardian. 24
(l) Before assuming the duties and powers of a guardian, a standby guardian 25
must file with the court an acceptance of appointment as guardian and give notice of 26
the acceptance to 27
(1) each parent of the minor, unless the parent, in a record, waived the 28
right to notice or cannot be located and served with due diligence; 29
(2) the minor, if the minor is 12 years of age or older; and 30
(3) any person, other than the parent, having care or custody of the 31
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minor. 1
(m) A person that receives notice under (l) of this section or any other person 2
interested in the welfare of the minor may file with the court an objection to the 3
standby guardian's assumption of duties and powers of a guardian. The court shall 4
hold a hearing if the objection supports a reasonable belief that the conditions for 5
assumption of duties and powers have not been satisfied. 6
Sec. 13.29.040. Emergency guardian for minor. (a) On its own, or on 7
petition by a person interested in a minor's welfare, the court may appoint an 8
emergency guardian for the minor if the court finds by clear and convincing evidence 9
that 10
(1) the appointment of an emergency guardian is likely to prevent an 11
imminent risk of substantial harm to the minor's health, safety, or welfare; and 12
(2) no other person appears to have authority and willingness to act in 13
the circumstances. 14
(b) A petition for appointment of an emergency guardian for a minor must 15
allege the facts that the petitioner believes meet the conditions for the appointment of 16
an emergency guardian under (a) of this section. 17
(c) The duration of authority of an emergency guardian for a minor may not 18
exceed 60 days and the emergency guardian may exercise only the powers specified in 19
the order of appointment. The emergency guardian's authority may be extended once 20
for not more than 60 days if the court finds that the conditions for appointment of an 21
emergency guardian in (a) of this section continue. 22
(d) Immediately on filing of a petition for appointment of an emergency 23
guardian for a minor, the court shall appoint an attorney to represent the minor in the 24
proceeding if the minor has not retained an attorney and appoint a visitor to investigate 25
matters relating to the petition the court directs. The parent of the minor may retain an 26
attorney to represent the parent in the proceeding. 27
(e) Except as otherwise provided in (f) of this section, reasonable notice of the 28
date, time, and place of a hearing on a petition for appointment of an emergency 29
guardian for a minor must be given to 30
(1) the minor, if the minor is 12 years of age or older; 31
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(2) the minor's attorney; 1
(3) each attorney retained by a parent of the minor; 2
(4) each parent of the minor; 3
(5) any person, other than a parent, having care or custody of the 4
minor; 5
(6) the court visitor; 6
(7) the public guardian; and 7
(8) any other person the court determines should receive notice. 8
(f) The court may appoint an emergency guardian for a minor without notice 9
under (e) of this section and without a hearing only if the court finds that an affidavit 10
or testimony establishes clear and convincing evidence of an imminent risk that the 11
minor's health, safety, or welfare will be substantially harmed before a hearing with 12
notice on the appointment can be held. If the court appoints an emergency guardian 13
without giving notice under (e) of this section, notice of the appointment must be 14
given not later than 48 hours after the appointment to the individuals listed in (e) of 15
this section. Not later than five days after the appointment, the court shall hold a 16
hearing on the appropriateness of the appointment. 17
(g) Appointment of an emergency guardian under this section, with or without 18
notice, is not a determination that a basis exists for appointment of a guardian under 19
AS 13.29.005. 20
(h) The court may remove an emergency guardian appointed under this 21
section at any time. The emergency guardian shall make any report the court requires. 22
Sec. 13.29.045. Duties of guardian for minor. (a) A guardian for a minor is a 23
fiduciary. Except as otherwise limited by the court, a guardian for a minor has the 24
duties and responsibilities of a parent regarding the minor's support, care, education, 25
health, safety, and welfare. A guardian shall act in the best interest of the minor and 26
exercise reasonable care, diligence, and prudence. 27
(b) A guardian for a minor shall 28
(1) be personally acquainted with the minor and maintain sufficient 29
contact with the minor to know the minor's abilities, limitations, needs, opportunities, 30
and physical and mental health; 31
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(2) take reasonable care of the personal effects of the minor and bring 1
a proceeding for a conservatorship or protective arrangement instead of 2
conservatorship if necessary to protect other property of the minor; 3
(3) expend funds of the minor that have been received by the guardian 4
for the minor's current needs for support, care, education, health, safety, and welfare; 5
(4) conserve any funds of the minor not expended under (3) of this 6
subsection for the future needs of the minor, but if a conservator is appointed for the 7
minor, the guardian shall pay the funds at least quarterly to the conservator to be 8
conserved for the future needs of the minor; 9
(5) report the condition of the minor and account for funds and other 10
property of the minor in the possession or subject to the control of the guardian, as 11
required by court rule or ordered by the court on application of a person interested in 12
the welfare of the minor; 13
(6) inform the court of any change in the dwelling or address of the 14
minor; and 15
(7) in determining what is in the best interest of the minor, take into 16
account the preferences of the minor to the extent actually known or reasonably 17
ascertainable by the guardian. 18
Sec. 13.29.050. Powers of guardian for minor. (a) Except as otherwise 19
limited by court order, a guardian of a minor has the powers a parent otherwise would 20
have regarding the support, care, education, health, safety, and welfare of the minor. 21
(b) Except as otherwise limited by court order, a guardian for a minor may 22
(1) apply for and receive funds and benefits otherwise payable for the 23
support of the minor to the parent, guardian, or custodian of the minor under a 24
statutory system of benefits or insurance or any private contract, devise, trust, 25
conservatorship, or custodianship; 26
(2) unless inconsistent with a court order entitled to recognition in this 27
state, take custody of the minor and establish the place of dwelling of the minor and, 28
on authorization of the court, establish or move the dwelling of the minor outside this 29
state; 30
(3) if the minor is not subject to conservatorship, commence a 31
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proceeding, including an administrative proceeding, or take other appropriate action to 1
compel a person to support the minor or make a payment for the benefit of the minor; 2
(4) consent to health or other care, treatment, or service for the minor; 3
or 4
(5) to the extent reasonable, delegate to the minor responsibility for a 5
decision affecting the minor's well-being. 6
(c) The court may authorize a guardian for a minor to consent to the adoption 7
of the minor if the minor does not have a parent. 8
(d) A guardian for a minor may give consent to the marriage of the minor 9
under AS 25.05.171(b). 10
Sec. 13.29.055. Removal of guardian for minor; termination of a 11
guardianship; appointment of successor. (a) Guardianship for a minor under this 12
chapter terminates 13
(1) on the minor's death, adoption, emancipation, or attainment of 14
majority; or 15
(2) when the court finds that the standard for appointment of a 16
guardian under AS 13.29.005 is not satisfied, unless the court finds that 17
(A) termination of the guardianship would be harmful to the 18
minor; and 19
(B) the interest of the minor in the continuation of the 20
guardianship outweighs the interest of any parent of the minor in restoration of 21
the parent's right to make decisions for the minor. 22
(b) A minor subject to guardianship or a person interested in the welfare of the 23
minor may petition the court to terminate the guardianship, modify the guardianship, 24
remove the guardian and appoint a successor guardian, or remove a standby guardian 25
and appoint a different standby guardian. 26
(c) A petitioner under (b) of this section shall give notice of the hearing on the 27
petition to the minor, if the minor is 12 years of age or older and is not the petitioner, 28
the guardian for the minor, each parent of the minor, and any other person the court 29
determines. 30
(d) The court shall follow the priorities under AS 13.29.030(b) when selecting 31
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a successor guardian for a minor. 1
(e) Not later than 30 days after appointment of a successor guardian for a 2
minor, the court shall give notice of the appointment to the minor, if the minor is 12 3
years of age or older, each parent of the minor, and any other person the court 4
determines. 5
(f) When terminating a guardianship for a minor under this section, the court 6
may issue an order providing for transitional arrangements that will assist the minor 7
with a transition of custody and is in the best interest of the minor. 8
(g) A guardian for a minor that is removed shall cooperate with a successor 9
guardian to facilitate transition of the guardian's responsibilities and protect the best 10
interest of the minor. 11
Article 2. Guardianship of Adult. 12
Sec. 13.29.060. Basis for appointment of guardian for adult. (a) On petition 13
and after notice and hearing, the court may 14
(1) appoint a guardian for an adult if the court finds by clear and 15
convincing evidence that 16
(A) the respondent lacks the ability to meet essential 17
requirements for physical health, safety, or self-care because the respondent is 18
unable to receive and evaluate information or make or communicate decisions, 19
even with appropriate supportive services, technological assistance, or 20
supported decision making; and 21
(B) the respondent's identified needs cannot be met by a 22
protective arrangement instead of guardianship or other less restrictive 23
alternative; or 24
(2) with appropriate findings, treat the petition as one for a 25
conservatorship under AS 13.29.155 - 13.29.315 or protective arrangement under 26
AS 13.29.320 - 13.29.375, issue any appropriate order, or dismiss the proceeding. 27
(b) The court shall grant a guardian appointed under (a) of this section only 28
those powers necessitated by the demonstrated needs and limitations of the respondent 29
and issue orders that will encourage development of the respondent's maximum self-30
determination and independence. The court may not establish a full guardianship if a 31
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limited guardianship, protective arrangement instead of guardianship, or other less 1
restrictive alternative would meet the needs of the respondent. 2
Sec. 13.29.065. Petition for appointment of guardian for adult. (a) A person 3
interested in an adult's welfare, including the adult for whom the order is sought, may 4
petition for appointment of a guardian for the adult. 5
(b) A petition under (a) of this section must state the petitioner's name, 6
principal residence, current street address, if different, relationship to the respondent, 7
interest in the appointment, the name and address of any attorney representing the 8
petitioner, and, to the extent known, 9
(1) the respondent's name, age, principal residence, current street 10
address, if different, and, if different, address of the dwelling in which it is proposed 11
the respondent will reside if the petition is granted; 12
(2) the name and address of the respondent's 13
(A) spouse or, if the respondent has none, an adult with whom 14
the respondent has shared household responsibilities for more than six months 15
in the 12-month period immediately before the filing of the petition; 16
(B) adult children or, if none, each parent and adult sibling of 17
the respondent, or, if none, at least one adult nearest in kinship to the 18
respondent who can be found with reasonable diligence; and 19
(C) adult stepchildren whom the respondent actively parented 20
during the stepchildren's minor years and with whom the respondent had an 21
ongoing relationship in the two-year period immediately before the filing of 22
the petition; 23
(3) the name and current address of each of the following, if 24
applicable: 25
(A) a person responsible for the care of the respondent; 26
(B) any attorney currently representing the respondent; 27
(C) any representative payee appointed by the United States 28
Social Security Administration for the respondent; 29
(D) a guardian or conservator acting for the respondent in this 30
state or in another jurisdiction; 31
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(E) a trustee or custodian of a trust or custodianship of which 1
the respondent is a beneficiary; 2
(F) any fiduciary for the respondent appointed by the United 3
States Department of Veterans Affairs; 4
(G) an agent designated under a durable power of attorney for 5
health care under AS 13.52 in which the respondent is identified as the 6
principal; 7
(H) an agent designated under a power of attorney under 8
AS 13.26 in which the respondent is identified as the principal; 9
(I) a person nominated as guardian by the respondent; 10
(J) a person nominated as guardian by the parent or spouse of 11
the respondent in a will or other signed record; 12
(K) a proposed guardian and the reason the proposed guardian 13
should be selected; and 14
(L) a person known to have routinely assisted the respondent 15
with decision making during the six months immediately before the filing of 16
the petition; 17
(4) the reason a guardianship is necessary, including a brief description 18
of 19
(A) the nature and extent of the alleged need of the respondent; 20
(B) any protective arrangement instead of guardianship or other 21
less restrictive alternatives for meeting the alleged need of the respondent that 22
have been considered or implemented; 23
(C) if no protective arrangement instead of guardianship or 24
other less restrictive alternatives have been considered or implemented, the 25
reason they have not been considered or implemented; and 26
(D) the reason a protective arrangement instead of guardianship 27
or other less restrictive alternative is insufficient to meet the alleged need of 28
the respondent; 29
(5) whether the petitioner seeks a limited guardianship or full 30
guardianship; 31
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(6) if the petitioner seeks a full guardianship, the reason a limited 1
guardianship or protective arrangement instead of guardianship is not appropriate; 2
(7) if a limited guardianship is requested, the powers to be granted to 3
the guardian; 4
(8) the name and current address, if known, of any person with whom 5
the petitioner seeks to limit the respondent's contact; 6
(9) if the respondent has property other than personal effects, a general 7
statement of the property of the respondent, with an estimate of its value, including 8
any insurance or pension, and the source and amount of other anticipated income or 9
receipts; and 10
(10) whether the respondent needs an interpreter, translator, or other 11
form of support to communicate effectively with the court or understand court 12
proceedings. 13
Sec. 13.29.070. Notice of hearing for appointment of guardian for adult. 14
(a) On filing of a petition for appointment of a guardian for an adult under 15
AS 13.29.065, the court shall set a date, time, and place for hearing the petition. 16
(b) A copy of a petition under AS 13.29.065 and notice of a hearing on the 17
petition must be served on the respondent. The notice must inform the respondent of 18
the respondent's rights at the hearing, including the right to an attorney and to attend 19
the hearing. The notice must include a description of the nature, purpose, and 20
consequences of granting the petition. The court may not grant the petition if notice 21
substantially complying with this subsection is not served on the respondent. 22
(c) In a proceeding on a petition under AS 13.29.065, the notice required 23
under (b) of this section must be given to the persons required to be listed in the 24
petition under AS 13.29.065(b)(1) - (3) and any other person the court determines is 25
interested in the welfare of the respondent. Failure to give notice under this subsection 26
does not preclude the court from appointing a guardian. 27
(d) After the appointment of a guardian, notice of a hearing on a petition for 28
an order under AS 13.29.060 - 13.29.150, together with a copy of the petition, must be 29
given to 30
(1) the adult subject to guardianship; 31
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(2) the guardian; and 1
(3) any other person the court determines. 2
Sec. 13.29.075. Appointment and role of visitor; five-year report. (a) On 3
receipt of a petition under AS 13.29.065 for appointment of a guardian for an adult or 4
under AS 13.29.115 for appointment of an emergency guardian for an adult, the court 5
shall appoint a visitor. The visitor must be an individual with training or experience in 6
the type of abilities, limitations, and needs alleged in the petition. 7
(b) A visitor appointed under (a) of this section shall interview the respondent 8
in person and, in a manner the respondent is best able to understand, 9
(1) explain to the respondent the substance of the petition; the nature, 10
purpose, and effect of the proceeding; the rights of the respondent at the hearing on the 11
petition; and the general powers and duties of a guardian; 12
(2) determine the views of the respondent about the appointment 13
sought by the petitioner, including views about a proposed guardian, the proposed 14
powers and duties of the guardian, and the scope and duration of the proposed 15
guardianship; 16
(3) inform the respondent of the respondent's right to employ and 17
consult with an attorney at the respondent's expense and the right to request a court-18
appointed attorney; and 19
(4) inform the respondent that all costs and expenses of the proceeding, 20
including the respondent's attorney fees, may be paid from the respondent's assets. 21
(c) The visitor appointed under (a) of this section shall 22
(1) interview the petitioner and proposed guardian, if any; 23
(2) visit the present dwelling of the respondent and any dwelling in 24
which it is reasonably believed the respondent will live if the appointment is made; 25
(3) obtain information from any physician or other person known to 26
have treated, advised, or assessed the relevant physical or mental condition of the 27
respondent; and 28
(4) investigate the allegations in the petition and any other matter 29
relating to the petition the court directs. 30
(d) A visitor appointed under (a) of this section shall promptly file a report in 31
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a record with the court, which must include 1
(1) a recommendation of whether an attorney should be appointed to 2
represent the respondent; 3
(2) a summary of self-care and independent-living tasks the respondent 4
can manage without assistance or with existing supports, could manage with the 5
assistance of appropriate supportive services, technological assistance, or supported 6
decision making, and cannot manage; 7
(3) a recommendation regarding the appropriateness of guardianship, 8
including whether a protective arrangement instead of guardianship or other less 9
restrictive alternative for meeting the needs of the respondent is available and 10
(A) if a guardianship is recommended, whether it should be full 11
or limited; and 12
(B) if a limited guardianship is recommended, the powers to be 13
granted to the guardian; 14
(4) a statement of the qualifications of the proposed guardian and 15
whether the respondent approves or disapproves of the proposed guardian; 16
(5) a statement of whether the proposed dwelling meets the 17
respondent's needs and whether the respondent has expressed a preference as to 18
residence; 19
(6) a recommendation of whether a professional evaluation under 20
AS 13.29.085 is necessary; 21
(7) a statement of whether the respondent is able to attend a hearing at 22
the location where court proceedings typically are held; 23
(8) a statement of whether the respondent is able to participate in a 24
hearing and that identifies any technology or other form of support that would enhance 25
the ability of the respondent to participate; and 26
(9) any other matter the court directs. 27
(e) At least once every five years, the court shall appoint a visitor to file a 28
report that provides a review of the guardianship during the period since the 29
establishment of the guardianship or since the last report was filed, whichever is more 30
recent. The court may require an additional report under this subsection at any time. 31
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The report must include 1
(1) the name and address of the guardian and the individual subject to 2
guardianship; 3
(2) the services being provided to the individual subject to 4
guardianship by or through the guardian; 5
(3) the significant actions taken by the guardian in regard to the 6
individual subject to guardianship during the reporting period; 7
(4) a financial accounting of the funds and other property that have 8
been subject to the possession or control of the guardian; 9
(5) a list of the number and nature of contacts between the guardian 10
and the individual subject to guardianship if the individual does not reside with the 11
guardian; 12
(6) a recommendation on the need for continued guardianship and any 13
recommended change in the scope of the guardianship, including whether the 14
individual's needs may be met by a protective arrangement instead of guardianship or 15
other less restrictive alternative; and 16
(7) any other information requested by the court or that the visitor 17
determines is necessary or desirable. 18
Sec. 13.29.080. Appointment and role of attorney for adult. (a) An adult 19
respondent who is the subject of a proceeding for the appointment of a guardian is 20
entitled to be represented by an attorney in the proceeding. The court shall appoint an 21
attorney to represent the respondent in the proceeding if the respondent has not 22
retained an attorney and 23
(1) the respondent requests an appointment; 24
(2) the visitor recommends an appointment; or 25
(3) the court determines the respondent needs representation. 26
(b) If a respondent who meets the conditions for appointment of an attorney 27
under (a) of this section is financially unable to employ an attorney, the court shall 28
appoint the office of public advocacy to represent the respondent in the proceeding. 29
(c) An attorney representing the respondent in a proceeding for appointment 30
of a guardian for an adult shall 31
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(1) make reasonable efforts to ascertain the wishes of the respondent; 1
(2) advocate for the wishes of the respondent to the extent reasonably 2
ascertainable; and 3
(3) if the wishes of the respondent are not reasonably ascertainable, 4
advocate for the result that is the least restrictive in type, duration, and scope, 5
consistent with the interests of the respondent. 6
Sec. 13.29.085. Professional evaluation. (a) At or before a hearing on a 7
petition for a guardianship for an adult, the court shall order a professional evaluation 8
of the respondent 9
(1) if the respondent requests the evaluation; or 10
(2) in other cases, unless the court finds that it has sufficient 11
information to determine the needs and abilities of the respondent without the 12
evaluation. 13
(b) If the court orders an evaluation under (a) of this section, the respondent 14
must be examined by a licensed physician, psychologist, social worker, or other 15
individual appointed by the court who is qualified to evaluate the alleged cognitive 16
and functional abilities and limitations of the respondent and does not have a conflict 17
of interest. The individual conducting the evaluation shall promptly file a report in a 18
record with the court. Unless otherwise directed by the court, the report must contain 19
(1) a description of the nature, type, and extent of the cognitive and 20
functional abilities and limitations of the respondent; 21
(2) an evaluation of the respondent's mental and physical condition 22
and, if appropriate, educational potential, adaptive behavior, and social skills; 23
(3) a prognosis for improvement and recommendation for the 24
appropriate treatment, support, or habilitation plan; and 25
(4) the date of the examination on which the report is based. 26
(c) The respondent may decline to participate in an evaluation ordered under 27
(a) of this section. 28
Sec. 13.29.090. Attendance and rights at hearing. (a) Except as otherwise 29
provided in (b) of this section, a hearing under AS 13.29.070 may not proceed unless 30
the respondent attends the hearing. If it is not reasonably feasible for the respondent to 31
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attend a hearing at the location where court proceedings typically are held, the court 1
shall make reasonable efforts to hold the hearing at an alternative location convenient 2
to the respondent or allow the respondent to attend the hearing using real-time 3
audiovisual technology. 4
(b) A hearing under AS 13.29.070 may proceed without the respondent in 5
attendance if the court finds by clear and convincing evidence that 6
(1) the respondent consistently and repeatedly has refused to attend the 7
hearing after having been fully informed of the right to attend and the potential 8
consequences of failing to do so; or 9
(2) there is no practicable way for the respondent to attend and 10
participate in the hearing even with appropriate supportive services and technological 11
assistance. 12
(c) The respondent has a right to choose an attorney to represent the 13
respondent at a hearing under AS 13.29.070. 14
(d) At a hearing held under AS 13.29.070, the respondent may 15
(1) present evidence and subpoena witnesses and documents; 16
(2) examine witnesses, including any court-appointed evaluator and 17
the visitor; and 18
(3) otherwise participate in the hearing. 19
(e) Unless excused by the court for good cause, a proposed guardian shall 20
attend a hearing under AS 13.29.070. 21
(f) The court shall close a hearing under AS 13.29.070 upon the respondent's 22
request and showing of good cause. 23
(g) Any person may request to participate in a hearing under AS 13.29.070. 24
The court may grant the request, with or without a hearing, on determining that the 25
best interest of the respondent will be served. The court may impose appropriate 26
conditions on the participation of the person. 27
Sec. 13.29.095. Confidentiality of records. (a) The existence of a proceeding 28
for or the existence of a guardianship for an adult is a matter of public record unless 29
the court seals the record after 30
(1) the respondent or individual subject to guardianship requests that 31
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the record be sealed; and 1
(2) either 2
(A) the petition for guardianship is dismissed; or 3
(B) the guardianship is terminated. 4
(b) An adult subject to a proceeding for a guardianship, whether or not a 5
guardian is appointed, an attorney designated by the adult, and a person entitled to 6
notice under AS 13.29.105(e) or a subsequent order are entitled to access court records 7
of the proceeding and resulting guardianship, including the guardian's plan under 8
AS 13.29.135 and report under AS 13.29.140. A person not otherwise entitled to 9
access court records under this subsection for good cause may petition the court for 10
access to court records of the guardianship, including the report and plan of the 11
guardian. The court shall grant access if access is in the best interest of the respondent 12
or adult subject to guardianship or furthers the public interest and does not endanger 13
the welfare or financial interests of the adult. 14
(c) A report of a visitor under AS 13.29.075 or a professional evaluation under 15
AS 13.29.085 is confidential and must be sealed on filing, but is available to 16
(1) the court; 17
(2) the individual who is the subject of the report or evaluation, 18
without limitation as to use; 19
(3) the petitioner, visitor, and petitioner's and respondent's attorneys, 20
for purposes of the proceeding; 21
(4) unless the court orders otherwise, an agent appointed under a 22
durable power of attorney for health care under AS 13.52 or power of attorney under 23
AS 13.26 in which the respondent is the principal; and 24
(5) any other person if it is in the public interest or for a purpose the 25
court orders for good cause. 26
Sec. 13.29.100. Who may be guardian for adult; order of priority. (a) 27
Except as otherwise provided in (c) of this section, the court in appointing a guardian 28
for an adult shall consider persons qualified to be guardian in the following order of 29
priority: 30
(1) a guardian, other than a temporary or emergency guardian, 31
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currently acting for the respondent in another jurisdiction; 1
(2) a person nominated as guardian by the respondent, including the 2
respondent's most recent nomination made in a power of attorney under AS 13.26; 3
(3) an agent appointed by the respondent under a durable power of 4
attorney for health care under AS 13.52; 5
(4) a spouse of the respondent; 6
(5) a family member or other individual who has shown special care 7
and concern for the respondent; 8
(6) a private professional guardian; and 9
(7) the public guardian. 10
(b) If two or more persons have equal priority under (a) of this section, the 11
court shall select as guardian the person the court considers best qualified. In 12
determining the best qualified person, the court shall consider the relationship of the 13
person with the respondent, the skills of the person, the expressed wishes of the 14
respondent, the extent to which the person and the respondent have similar values and 15
preferences, and the likelihood the person will be able to perform the duties of a 16
guardian successfully. 17
(c) If it is in the best interest of the respondent, the court may decline to 18
appoint as guardian a person having priority under (a) of this section and appoint a 19
person having a lower priority or no priority. 20
(d) A person that provides paid services to the respondent, or an individual 21
who is employed by a person that provides paid services to the respondent or is the 22
spouse, parent, or child of an individual who provides or is employed to provide paid 23
services to the respondent, may not be appointed as guardian unless 24
(1) the individual is related to the respondent by blood, marriage, or 25
adoption; or 26
(2) the court finds by clear and convincing evidence that the person is 27
the best qualified person available for appointment and the appointment is in the best 28
interest of the respondent. 29
(e) An owner, operator, or employee of a long-term care facility at which the 30
respondent is receiving care may not be appointed as guardian unless the owner, 31
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operator, or employee is related to the respondent by blood, marriage, or adoption. 1
Sec. 13.29.105. Order of appointment for guardian. (a) A court order 2
appointing a guardian for an adult must 3
(1) include a specific finding that clear and convincing evidence 4
established that the identified needs of the respondent cannot be met by a protective 5
arrangement instead of guardianship or other less restrictive alternative, including use 6
of appropriate supportive services, technological assistance, or supported decision 7
making; 8
(2) include a specific finding that clear and convincing evidence 9
established that the respondent was given proper notice of the hearing on the petition; 10
(3) state whether the adult subject to guardianship retains the right to 11
vote and, if the adult does not retain the right to vote, include findings that support 12
removing that right, which must include a finding that the adult cannot communicate, 13
with or without support, a specific desire to participate in the voting process; and 14
(4) state whether the adult subject to guardianship retains the right to 15
marry and, if the adult does not retain the right to marry, include findings that support 16
removing that right. 17
(b) An adult subject to guardianship retains the right to vote unless the order 18
under (a) of this section includes the statement required under (a)(3) of this section. 19
An adult subject to guardianship retains the right to marry unless the order under (a) of 20
this section includes the findings required under (a)(4) of this section. 21
(c) A court order establishing a full guardianship for an adult must state the 22
basis for granting a full guardianship and include specific findings that support the 23
conclusion that a limited guardianship would not meet the functional needs of the 24
adult subject to guardianship. 25
(d) A court order establishing a limited guardianship for an adult must state 26
the specific powers granted to the guardian. 27
(e) The court, as part of an order establishing a guardianship for an adult, shall 28
identify any person that is entitled to 29
(1) notice of the rights of the adult under AS 13.29.110(b); 30
(2) notice of a change in the primary dwelling of the adult; 31
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(3) notice that the guardian has delegated 1
(A) the power to manage the care of the adult; 2
(B) the power to make decisions about where the adult lives; 3
(C) the power to make major medical decisions on behalf of the 4
adult; 5
(D) a power that requires court approval under AS 13.29.130; 6
or 7
(E) substantially all powers of the guardian; 8
(4) notice that the guardian will be unavailable to visit the adult for 9
more than two months or unavailable to perform the guardian's duties for more than 10
one month; 11
(5) a copy of the plan of the guardian under AS 13.29.135 and the 12
report of the guardian under AS 13.29.140; 13
(6) access to court records relating to the guardianship; 14
(7) notice of the death or significant change in the condition of the 15
adult; 16
(8) notice that the court has limited or modified the powers of the 17
guardian; and 18
(9) notice of the removal of the guardian. 19
(f) A spouse and adult children of an adult subject to guardianship are entitled 20
to notice under (e) of this section unless the court determines notice would be contrary 21
to the preferences or prior directions of the adult subject to guardianship or not in the 22
best interest of the adult. 23
Sec. 13.29.110. Notice of order of appointment; rights. (a) A guardian 24
appointed under AS 13.29.060 shall give the adult subject to guardianship and all 25
other persons given notice under AS 13.29.070 a copy of the order of appointment, 26
together with notice of the right to request termination or modification. The order and 27
notice must be given not later than 14 days after the appointment. 28
(b) Not later than 30 days after appointment of a guardian under 29
AS 13.29.060, the court shall give to the adult subject to guardianship, the guardian, 30
and any other person entitled to notice under AS 13.29.105(e) or a subsequent order a 31
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statement of the rights of the adult subject to guardianship and procedures to seek 1
relief if the adult is denied those rights. The statement must be in at least 16-point font, 2
in plain language, and, to the extent feasible, in a language in which the adult subject 3
to guardianship is proficient. The statement must notify the adult subject to 4
guardianship of the right to 5
(1) seek termination or modification of the guardianship or removal of 6
the guardian, and choose an attorney to represent the adult in these matters; 7
(2) be involved in decisions affecting the adult, including decisions 8
about the adult's care, dwelling, activities, or social interactions, to the extent 9
reasonably feasible; 10
(3) be involved in health care decision making to the extent reasonably 11
feasible; 12
(4) be supported in understanding the risks and benefits of health care 13
options to the extent reasonably feasible; 14
(5) be notified at least 14 days before a change in the adult's primary 15
dwelling or permanent move to a nursing home, mental health facility, or other facility 16
that places restrictions on the individual's ability to leave or have visitors unless the 17
change or move is proposed in the plan of the guardian under AS 13.29.135 or 18
authorized by the court by specific order; 19
(6) object to a change or move described in (5) of this subsection and 20
the process for objecting; 21
(7) communicate, visit, or interact with others, including receiving 22
visitors, and making or receiving telephone calls, personal mail, or electronic 23
communications, including through social media, unless 24
(A) the guardian has been authorized by the court by specific 25
order to restrict communications, visits, or interactions; 26
(B) a protective order or protective arrangement instead of 27
guardianship is in effect that limits contact between the adult and a person; or 28
(C) the guardian has good cause to believe restriction is 29
necessary because interaction with a specified person poses a risk of significant 30
physical, psychological, or financial harm to the adult, and the restriction is 31
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(i) for a period of not more than seven business days if 1
the person has a family or pre-existing social relationship with the 2
adult; or 3
(ii) for a period of not more than 60 days if the person 4
does not have a family or pre-existing social relationship with the adult; 5
(8) receive a copy of the plan of the guardian under AS 13.29.135 and 6
the report of the guardian under AS 13.29.140; and 7
(9) object to the plan or report of the guardian. 8
Sec. 13.29.115. Emergency guardian for adult. (a) On its own after a petition 9
has been filed under AS 13.29.065, or on petition by a person interested in an adult's 10
welfare, the court may appoint an emergency guardian for the adult if the court finds 11
by clear and convincing evidence that 12
(1) the appointment of an emergency guardian is likely to prevent an 13
imminent risk of substantial harm to the adult's physical health, safety, or welfare; 14
(2) no other person appears to have authority and willingness to act in 15
the circumstances; and 16
(3) a basis for appointment of a guardian under AS 13.29.060 exists. 17
(b) A petition for appointment of an emergency guardian for an adult must 18
allege the facts that the petitioner believes meet the conditions for appointment of an 19
emergency guardian under (a) of this section. 20
(c) The duration of authority of an emergency guardian for an adult may not 21
exceed 60 days, and the emergency guardian may exercise only the powers specified 22
in the order of appointment. The authority of the emergency guardian may be 23
extended once for not more than 60 days if the court finds that the conditions for 24
appointment of an emergency guardian under (a) of this section continue. 25
(d) Immediately on filing of a petition for appointment of an emergency 26
guardian for an adult, the court shall appoint an attorney to represent the respondent in 27
the proceeding if the respondent has not retained an attorney and appoint a visitor 28
under AS 13.29.075. 29
(e) Except as otherwise provided in (f) of this section, reasonable notice of the 30
date, time, and place of a hearing on the petition must be given to 31
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(1) the respondent; 1
(2) the respondent's attorney; 2
(3) the court visitor; 3
(4) the public guardian; and 4
(5) any other person the court determines. 5
(f) The court may appoint an emergency guardian for an adult without giving 6
notice under (e) of this section only if the court finds that an affidavit or testimony 7
establishes clear and convincing evidence of an imminent risk that the respondent's 8
physical health, safety, or welfare will be substantially harmed before a hearing with 9
notice on the appointment can be held. If the court appoints an emergency guardian 10
without giving notice under (e) of this section, notice of the appointment must be 11
given not later than 48 hours after the appointment to the individuals listed in (e) of 12
this section. Not later than five days after the appointment, the court shall hold a 13
hearing on the appropriateness of the appointment. 14
(g) Appointment of an emergency guardian under this section is not a 15
determination that a basis exists for appointment of a guardian under AS 13.29.060. 16
(h) The court may remove an emergency guardian appointed under this 17
section at any time. The emergency guardian shall make any report the court requires. 18
Sec. 13.29.120. Duties of guardian for adult. (a) A guardian for an adult is a 19
fiduciary. Except as otherwise limited by the court, a guardian for an adult shall make 20
decisions regarding the support, care, education, health, and welfare of the adult 21
subject to guardianship to the extent necessitated by the limitations of the adult. 22
(b) A guardian for an adult shall promote the self-determination of the adult 23
and, to the extent reasonably feasible, encourage the adult to participate in decisions, 24
act on the adult's own behalf, and develop or regain the capacity to manage the adult's 25
personal affairs. In furtherance of this duty, the guardian shall 26
(1) become or remain personally acquainted with the adult and 27
maintain sufficient contact with the adult, including through regular visitation, to 28
know the adult's abilities, limitations, needs, opportunities, and physical and mental 29
health; 30
(2) to the extent reasonably feasible, identify the values and 31
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preferences of the adult and involve the adult in decisions affecting the adult, 1
including decisions about the adult's care, dwelling, activities, or social interactions; 2
and 3
(3) make reasonable efforts to identify and facilitate supportive 4
relationships and services for the adult. 5
(c) A guardian for an adult at all times shall exercise reasonable care, 6
diligence, and prudence when acting on behalf of or making decisions for the adult. In 7
furtherance of this duty, the guardian shall 8
(1) take reasonable care of the personal effects, pets, and service or 9
support animals of the adult and bring a proceeding for a conservatorship or protective 10
arrangement instead of conservatorship if necessary to protect the property of the 11
adult; 12
(2) expend funds and other property of the adult received by the 13
guardian for the adult's current needs for support, care, education, health, and welfare; 14
(3) conserve any funds and other property of the adult not expended 15
under (2) of this subsection for the future needs of the adult, but if a conservator has 16
been appointed for the adult, the guardian shall pay the funds and other property at 17
least quarterly to the conservator to be conserved for the future needs of the adult; and 18
(4) monitor the quality of services, including long-term care services, 19
provided to the adult. 20
(d) In making a decision for an adult subject to guardianship, the guardian 21
shall make the decision the guardian reasonably believes the adult would make if the 22
adult were able unless doing so would unreasonably harm or endanger the welfare or 23
personal or financial interests of the adult. To determine the decision the adult subject 24
to guardianship would make if able, the guardian shall consider the adult's previous or 25
current directions, preferences, opinions, values, and actions, to the extent actually 26
known or reasonably ascertainable by the guardian. 27
(e) If a guardian for an adult cannot make a decision under (d) of this section 28
because the guardian does not know and cannot reasonably determine the decision the 29
adult likely would make if able, or the guardian reasonably believes the decision the 30
adult would make would unreasonably harm or endanger the welfare or personal or 31
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financial interests of the adult, the guardian shall act in accordance with the best 1
interest of the adult. In determining the best interest of the adult, the guardian shall 2
consider 3
(1) information received from professionals and persons that 4
demonstrate sufficient interest in the welfare of the adult; 5
(2) other information the guardian believes the adult would have 6
considered if the adult were able to act; and 7
(3) other factors a reasonable person in the circumstances of the adult 8
would consider, including consequences for others. 9
(f) A guardian for an adult shall immediately notify the court if the condition 10
of the adult has changed so that the adult is capable of exercising rights previously 11
removed. 12
Sec. 13.29.125. Powers of guardian for adult. (a) Except as limited by court 13
order, a guardian for an adult may 14
(1) apply for and receive funds and benefits for the support of the 15
adult, unless a conservator is appointed for the adult and the application or receipt is 16
within the powers of the conservator; 17
(2) unless inconsistent with a court order, establish the adult's place of 18
dwelling; 19
(3) consent to health or other care, treatment, or service for the adult; 20
(4) if a conservator for the adult has not been appointed, commence a 21
proceeding, including an administrative proceeding, or take other appropriate action to 22
compel another person to support the adult or pay funds for the benefit of the adult; 23
(5) to the extent reasonable, delegate to the adult responsibility for a 24
decision affecting the adult's well-being; and 25
(6) receive personally identifiable health care information regarding 26
the adult. 27
(b) The court by specific order may authorize a guardian for an adult to 28
consent to the adoption of the adult. In determining whether to authorize a power 29
under this subsection, the court shall consider whether the underlying act would be in 30
accordance with the preferences, values, and prior directions of the adult and whether 31
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the underlying act would be in the best interest of the adult. 1
(c) In exercising a guardian's power to establish the place of dwelling of the 2
adult under (a)(2) of this section, the guardian shall 3
(1) select a residential setting the guardian believes the adult would 4
select if the adult were able, in accordance with the decision-making standard under 5
AS 13.29.120(d) and (e); if the guardian does not know and cannot reasonably 6
determine what setting the adult subject to guardianship would likely choose if able, or 7
the guardian reasonably believes the decision the adult would make would 8
unreasonably harm or endanger the welfare or personal or financial interests of the 9
adult, the guardian shall choose a residential setting that is consistent with the best 10
interest of the adult in accordance with AS 13.29.120(e); 11
(2) in selecting among residential settings, give priority to a residential 12
setting in a location that will allow the adult to interact with persons important to the 13
adult and meet the needs of the adult in the least restrictive manner reasonably feasible 14
unless to do so would be inconsistent with the decision-making standard in 15
AS 13.29.120(d) and (e); 16
(3) not later than 30 days after a change in the dwelling of the adult, 17
(A) give notice of the change to the court, the adult, and any 18
person identified as entitled to the notice in the court order appointing the 19
guardian or a subsequent order; and 20
(B) include in the notice the address and nature of the new 21
dwelling and state whether the adult received advance notice of the change and 22
whether the adult objected to the change; 23
(4) establish or move the permanent place of dwelling of the adult to a 24
nursing home, mental health facility, or other facility that places restrictions on the 25
adult's ability to leave or have visitors only if 26
(A) the establishment or move is in the plan of the guardian 27
under AS 13.29.135; 28
(B) the court authorizes the establishment or move; or 29
(C) the guardian gives notice of the establishment or move at 30
least 14 days before the establishment or move to the adult and all persons 31
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entitled to notice under AS 13.29.105(e)(2) or a subsequent order, and no 1
objection is filed; 2
(5) establish or move the place of dwelling of the adult outside this 3
state only if consistent with the plan of the guardian and authorized by the court by 4
specific order; and 5
(6) take action that would result in the sale of the primary dwelling or 6
surrender of the rental agreement or lease to the primary dwelling of the adult only if 7
(A) the action is specifically included in the plan of the 8
guardian under AS 13.29.135; 9
(B) the court authorizes the action by specific order; or 10
(C) notice of the action was given at least 14 days before the 11
action to the adult and all persons entitled to the notice under 12
AS 13.29.105(e)(2) or a subsequent order and no objection has been filed. 13
(d) In exercising a guardian's power under (a)(3) of this section to make health 14
care decisions, the guardian shall 15
(1) involve the adult in decision making to the extent reasonably 16
feasible, including, when practicable, by encouraging and supporting the adult in 17
understanding the risks and benefits of health care options; 18
(2) defer to a decision by an agent under a durable power of attorney 19
for health care executed under AS 13.52 by the adult and cooperate to the extent 20
feasible with the agent making the decision; and 21
(3) take into account 22
(A) the risks and benefits of treatment options; and 23
(B) the current and previous wishes and values of the adult if 24
known or reasonably ascertainable by the guardian. 25
Sec. 13.29.130. Special limitations on guardian's power. (a) Unless 26
authorized by the court by specific order, a guardian for an adult does not have the 27
power to revoke or amend a durable power of attorney for health care under AS 13.52 28
or durable power of attorney under AS 13.26 executed by the adult. If a durable power 29
of attorney for health care under AS 13.52 is in effect, unless there is a court order to 30
the contrary, a health care decision of an agent takes precedence over that of the 31
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guardian, and the guardian shall cooperate with the agent to the extent feasible. If a 1
durable power of attorney under AS 13.26 is in effect, unless there is a court order to 2
the contrary, a decision by the agent that the agent is authorized to make under the 3
power of attorney takes precedence over that of the guardian, and the guardian shall 4
cooperate with the agent to the extent feasible. 5
(b) A guardian for an adult may not initiate the commitment of the adult to a 6
mental health facility except in accordance with the procedure for involuntary 7
commitment under AS 47.30. 8
(c) A guardian for an adult may not restrict the ability of the adult to 9
communicate, visit, or interact with others, including receiving visitors and making or 10
receiving telephone calls, personal mail, or electronic communications, including 11
through social media, or participating in social activities, unless 12
(1) authorized by the court by specific order; 13
(2) a protective order or protective arrangement instead of 14
guardianship is in effect that limits contact between the adult and a person; or 15
(3) the guardian has good cause to believe restriction is necessary 16
because interaction with a specified person poses a risk of significant physical, 17
psychological, or financial harm to the adult and the restriction is for a period of not 18
more than 19
(A) seven business days if the person has a family or pre-20
existing social relationship with the adult; or 21
(B) 60 days if the person does not have a family or pre-existing 22
social relationship with the adult. 23
(d) A guardian for an adult may not prohibit the marriage or divorce of the 24
adult if the adult retains the right to marry under AS 13.29.105. 25
Sec. 13.29.135. Guardian's plan. (a) A guardian for an adult shall file with 26
the court a plan for the care of the adult not later than 60 days after appointment, when 27
there is a significant change in circumstances, or when the guardian seeks to deviate 28
significantly from the guardian's plan. The plan must be based on the needs of the 29
adult and take into account the best interest of the adult as well as the adult's 30
preferences, values, and prior directions, to the extent known to or reasonably 31
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ascertainable by the guardian. The guardian shall include in the plan 1
(1) the living arrangement, services, and supports the guardian expects 2
to arrange, facilitate, or continue for the adult; 3
(2) social and educational activities the guardian expects to facilitate 4
on behalf of the adult; 5
(3) any person with whom the adult has a close personal relationship or 6
relationship involving regular visitation and any plan the guardian has for facilitating 7
visits with the person; 8
(4) the anticipated nature and frequency of the guardian's visits and 9
communication with the adult; 10
(5) goals for the adult, including goals related to the restoration of the 11
rights of the adult and how the guardian anticipates achieving the goals; 12
(6) whether the adult has an existing plan and, if so, whether the plan 13
of the guardian is consistent with the plan of the adult; and 14
(7) a statement or list of the amount the guardian proposes to charge 15
for each service the guardian anticipates providing to the adult. 16
(b) A guardian shall give notice of the filing of the guardian's plan under (a) of 17
this section, together with a copy of the plan, to the adult subject to guardianship, a 18
person entitled to notice under AS 13.29.105(e) or a subsequent order, and any other 19
person the court determines. The notice must include a statement of the right to object 20
to the plan and be given not later than 14 days after the filing. 21
(c) An adult subject to guardianship and any person entitled under (b) of this 22
section to receive notice and a copy of the plan of the guardian may object to the plan. 23
(d) The court shall review the plan of the guardian filed under (a) of this 24
section and determine whether to approve the plan or require a new plan. In deciding 25
whether to approve the plan, the court shall consider an objection under (c) of this 26
section and whether the plan is consistent with the guardian's duties and powers under 27
AS 13.29.120 and 13.29.125. The court may not approve the plan until 30 days after 28
its filing. 29
(e) After the plan of the guardian filed under this section is approved by the 30
court, the guardian shall provide a copy of the plan to the adult subject to 31
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guardianship, a person entitled to notice under AS 13.29.105(e) or a subsequent order, 1
and any other person the court determines. 2
Sec. 13.29.140. Guardian's report; monitoring of guardianship. (a) A 3
guardian for an adult, not later than 60 days after appointment and at least annually 4
thereafter, shall file with the court a report in a record regarding the condition of the 5
adult and accounting for funds and other property in the possession or subject to the 6
control of the guardian. 7
(b) A report under (a) of this section must state or contain 8
(1) the mental, physical, and social condition of the adult; 9
(2) the living arrangements of the adult during the reporting period; 10
(3) a summary of the supported decision making, technological 11
assistance, medical services, educational and vocational services, and other supports 12
and services provided to the adult and the guardian's opinion as to the adequacy of the 13
adult's care; 14
(4) a summary of the guardian's visits with the adult, including the 15
dates of the visits; 16
(5) action taken on behalf of the adult; 17
(6) the extent to which the adult has participated in decision making; 18
(7) if the adult is living in a mental health facility or living in a facility 19
that provides the adult with health care or other personal services, whether the 20
guardian considers the facility's current plan for support, care, treatment, or 21
habilitation consistent with the adult's preferences, values, prior directions, and best 22
interest; 23
(8) anything of more than minimal value that the guardian, any 24
individual who resides with the guardian, or the spouse, parent, child, or sibling of the 25
guardian has received from an individual providing goods or services to the adult; 26
(9) if the guardian delegated a power to an agent, the power delegated 27
and the reason for the delegation; 28
(10) any business relation the guardian has with a person the guardian 29
has paid or that has benefited from the property of the adult; 30
(11) a copy of the guardian's most recently approved plan under 31
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AS 13.29.135 and a statement whether the guardian has deviated from the plan and, if 1
so, how the guardian has deviated and why; 2
(12) plans for future care and support of the adult; 3
(13) a recommendation as to the need for continued guardianship and 4
any recommended change in the scope of the guardianship; and 5
(14) whether any co-guardian or successor guardian appointed to serve 6
when a designated event occurs is alive and able to serve. 7
(c) The court may appoint a visitor to review a report submitted under this 8
section or a plan of a guardian submitted under AS 13.29.135, interview the guardian 9
or adult subject to guardianship, or investigate any other matter involving the 10
guardianship. 11
(d) Notice of the filing under this section of a guardian's report, together with 12
a copy of the report, must be given to the adult subject to guardianship, a person 13
entitled to notice under AS 13.29.105(e) or a subsequent order, and any other person 14
the court determines. The notice and report must be given not later than 14 days after 15
the filing. 16
(e) The court shall establish procedures for monitoring a report submitted 17
under this section and review each report at least annually to determine whether 18
(1) the report provides sufficient information to establish the guardian 19
has complied with the duties of the guardian; 20
(2) the guardianship should continue; and 21
(3) the guardian's requested fees, if any, should be approved. 22
(f) If the court determines there is reason to believe a guardian for an adult has 23
not complied with the duties of the guardian or the guardianship should be modified or 24
terminated, the court 25
(1) shall notify the adult, the guardian, and any other person entitled to 26
notice under AS 13.29.105(e) or a subsequent order; 27
(2) may require additional information from the guardian; 28
(3) may appoint a visitor to interview the adult or guardian or 29
investigate any matter involving the guardianship; and 30
(4) consistent with AS 13.29.145 and 13.29.150, may hold a hearing to 31
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consider removal of the guardian, termination of the guardianship, or a change in the 1
powers granted to the guardian or terms of the guardianship. 2
(g) If the court has reason to believe fees requested by a guardian for an adult 3
are not reasonable, the court shall hold a hearing to determine whether to adjust the 4
requested fees. 5
(h) A guardian for an adult may petition the court for approval of a report filed 6
under this section. The court after review may approve the report. If the court 7
approves the report, there is a rebuttable presumption the report is accurate as to a 8
matter adequately disclosed in the report. 9
Sec. 13.29.145. Removal of guardian for adult; appointment of successor. 10
(a) The court may remove a guardian for an adult for failure to perform the duties of 11
the guardian or for other good cause and appoint a successor guardian to assume the 12
duties of guardian. 13
(b) The court shall hold a hearing to determine whether to remove a guardian 14
for an adult and appoint a successor guardian on 15
(1) petition of the adult, guardian, or person interested in the welfare of 16
the adult, which contains allegations that, if true, would support a reasonable belief 17
that removal of the guardian and appointment of a successor guardian may be 18
appropriate, but the court may decline to hold a hearing if a petition based on the same 19
or substantially similar facts was filed during the preceding six months; 20
(2) communication from the adult, guardian, or person interested in the 21
welfare of the adult which supports a reasonable belief that removal of the guardian 22
and appointment of a successor guardian may be appropriate; or 23
(3) determination by the court that a hearing would be in the best 24
interest of the adult. 25
(c) Notice of a petition under (b)(1) of this section must be given to the adult 26
subject to guardianship, the guardian, and any other person the court determines. 27
(d) An adult subject to guardianship who seeks to remove the guardian and 28
have a successor guardian appointed has the right to choose an attorney to represent 29
the adult in this matter. If the adult is not represented by an attorney, the court shall 30
appoint an attorney under the same conditions in AS 13.29.080. The court shall award 31
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reasonable attorney fees to the attorney for the adult as provided in AS 13.29.490. 1
(e) In selecting a successor guardian for an adult, the court shall follow the 2
priorities under AS 13.29.100. 3
(f) Not later than 30 days after appointing a successor guardian, the court shall 4
give notice of the appointment to the adult subject to guardianship and any person 5
entitled to notice under AS 13.29.105(e) or a subsequent order. 6
Sec. 13.29.150. Termination or modification of guardianship for adult. (a) 7
An adult subject to guardianship, the guardian for the adult, or a person interested in 8
the welfare of the adult may petition for 9
(1) termination of the guardianship on the ground that a basis for 10
appointment under AS 13.29.060 does not exist or termination would be in the best 11
interest of the adult or for other good cause; or 12
(2) modification of the guardianship on the ground that the extent of 13
protection or assistance granted is not appropriate or for other good cause. 14
(b) The court shall hold a hearing to determine whether termination or 15
modification of a guardianship for an adult is appropriate on 16
(1) petition under (a) of this section which contains allegations that, if 17
true, would support a reasonable belief that termination or modification of the 18
guardianship may be appropriate, but the court may decline to hold a hearing if a 19
petition based on the same or substantially similar facts was filed during the preceding 20
six months; 21
(2) communication from the adult, guardian, or person interested in the 22
welfare of the adult which supports a reasonable belief that termination or 23
modification of the guardianship may be appropriate, including because the functional 24
needs of the adult or supports or services available to the adult have changed; 25
(3) a report from a guardian or conservator which indicates that 26
termination or modification may be appropriate because the functional needs of the 27
adult or supports or services available to the adult have changed or a protective 28
arrangement instead of guardianship or other less restrictive alternative for meeting the 29
needs of the adult is available; or 30
(4) a determination by the court that a hearing would be in the best 31
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interest of the adult. 1
(c) Notice of a petition under (b)(1) of this section must be given to the adult 2
subject to guardianship, the guardian, and any other person the court determines. 3
(d) On presentation of prima facie evidence for termination of a guardianship 4
for an adult, the court shall order termination unless it is proven that a basis for 5
appointment of a guardian under AS 13.29.060 exists. 6
(e) The court shall modify the powers granted to a guardian for an adult if the 7
powers are excessive or inadequate because of a change in the abilities or limitations 8
of the adult, the supports of the adult, or other circumstances. 9
(f) Unless the court otherwise orders for good cause, before terminating or 10
modifying a guardianship for an adult, the court shall follow the same procedures that 11
apply to a petition for guardianship to safeguard the rights of the adult. 12
(g) An adult subject to guardianship who seeks to terminate or modify the 13
terms of the guardianship has the right to choose an attorney to represent the adult in 14
the matter. If the adult is not represented by an attorney, the court shall appoint an 15
attorney under the same conditions as in AS 13.29.080. The court shall award 16
reasonable attorney fees to the attorney for the adult as provided in AS 13.29.490. 17
Article 3. Conservatorship. 18
Sec. 13.29.155. Basis for appointment of conservator. (a) On petition and 19
after notice and hearing, the court may appoint a conservator for the property or 20
financial affairs of a minor if the court finds by a preponderance of evidence that 21
(1) appointment of a conservator is in the best interest of the minor; if 22
the minor has a parent, the court shall give weight to any recommendation of the 23
parent on whether an appointment is in the best interest of the minor; and 24
(2) one of the following applies: 25
(A) the minor owns funds or other property requiring 26
management or protection that otherwise cannot be provided; 27
(B) the minor has or may have financial affairs that may be put 28
at unreasonable risk or hindered because of the age of the minor; or 29
(C) appointment is necessary or desirable to obtain or provide 30
funds or other property needed for the support, care, education, health, or 31
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welfare of the minor. 1
(b) On petition and after notice and hearing, the court may appoint a 2
conservator for the property or financial affairs of an adult if the court finds by clear 3
and convincing evidence that 4
(1) the adult is unable to manage property or financial affairs because 5
(A) of a limitation in the ability of the adult to receive and 6
evaluate information or make or communicate decisions, even with the use of 7
appropriate supportive services, technological assistance, or supported decision 8
making; or 9
(B) the adult is missing, detained, or unable to return to the 10
United States; 11
(2) appointment is necessary to 12
(A) avoid harm to the adult or significant dissipation of the 13
property of the adult; or 14
(B) obtain or provide funds or other property needed for the 15
support, care, education, health, or welfare of the adult or of an individual 16
entitled to the support of the adult; and 17
(3) the respondent's identified needs cannot be met by a protective 18
arrangement instead of conservatorship or other less restrictive alternative. 19
(c) The court shall grant a conservator only those powers necessitated by 20
demonstrated limitations and needs of the respondent and issue orders that will 21
encourage development of the maximum self-determination and independence of the 22
respondent. The court may not establish a full conservatorship if a limited 23
conservatorship, protective arrangement instead of conservatorship, or other less 24
restrictive alternative would meet the needs of the respondent. 25
Sec. 13.29.160. Petition for appointment of conservator. (a) The following 26
may petition for the appointment of a conservator: 27
(1) the individual for whom the order is sought; 28
(2) a person interested in the estate, financial affairs, or welfare of the 29
individual, including a person that would be adversely affected by lack of effective 30
management of property or financial affairs of the individual; or 31
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(3) the guardian for the individual. 1
(b) A petition under (a) of this section must state the petitioner's name, 2
principal residence, current street address, if different, relationship to the respondent, 3
interest in the appointment, the name and address of any attorney representing the 4
petitioner, and, to the extent known, the following: 5
(1) the respondent's name, age, principal residence, current street 6
address, if different, and, if different, address of the dwelling in which it is proposed 7
the respondent will reside if the petition is granted; 8
(2) the name and address of the respondent's 9
(A) spouse or, if the respondent has none, an adult with whom 10
the respondent has shared household responsibilities for more than six months 11
in the 12-month period before the filing of the petition; 12
(B) adult children or, if none, each parent and adult sibling of 13
the respondent, or, if none, at least one adult nearest in kinship to the 14
respondent who can be found with reasonable diligence; and 15
(C) adult stepchildren whom the respondent actively parented 16
during the stepchildren's minor years and with whom the respondent had an 17
ongoing relationship during the two years immediately before the filing of the 18
petition; 19
(3) the name and current address of each of the following, if 20
applicable: 21
(A) a person responsible for the care or custody of the 22
respondent; 23
(B) any attorney currently representing the respondent; 24
(C) the representative payee appointed by the United States 25
Social Security Administration for the respondent; 26
(D) a guardian or conservator acting for the respondent in this 27
state or another jurisdiction; 28
(E) a trustee or custodian of a trust or custodianship of which 29
the respondent is a beneficiary; 30
(F) the fiduciary appointed for the respondent by the United 31
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States Department of Veterans Affairs; 1
(G) an agent designated under a durable power of attorney for 2
health care under AS 13.52 in which the respondent is identified as the 3
principal; 4
(H) an agent designated under a power of attorney under 5
AS 13.26 in which the respondent is identified as the principal; 6
(I) a person known to have routinely assisted the respondent 7
with decision making in the six-month period immediately before the filing of 8
the petition; 9
(J) any proposed conservator, including a person nominated by 10
the respondent, if the respondent is 12 years of age or older; and 11
(K) if the individual for whom a conservator is sought is a 12
minor 13
(i) an adult not otherwise listed with whom the minor 14
resides; and 15
(ii) each person not otherwise listed that had primary 16
care or custody of the minor for at least 60 days during the two years 17
immediately before the filing of the petition or for at least 730 days 18
during the five years immediately before the filing of the petition; 19
(4) a general statement of the property of the respondent with an 20
estimate of its value, including any insurance or pension, and the source and amount 21
of other anticipated income or receipts; 22
(5) the reason conservatorship is necessary, including a brief 23
description of 24
(A) the nature and extent of the alleged need of the respondent; 25
(B) if the petition alleges the respondent is missing, detained, 26
or unable to return to the United States, the relevant circumstances, including 27
the time and nature of the disappearance or detention and any search or inquiry 28
concerning the whereabouts of the respondent; 29
(C) any protective arrangement instead of conservatorship or 30
other less restrictive alternative for meeting the alleged need of the respondent 31
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which has been considered or implemented; 1
(D) if no protective arrangement or other less restrictive 2
alternatives have been considered or implemented, the reason it has not been 3
considered or implemented; and 4
(E) the reason a protective arrangement or other less restrictive 5
alternative is insufficient to meet the need of the respondent; 6
(6) whether the petitioner seeks a limited conservatorship or a full 7
conservatorship; 8
(7) if the petitioner seeks a full conservatorship, the reason a limited 9
conservatorship or protective arrangement instead of conservatorship is not 10
appropriate; 11
(8) if the petition includes the name of a proposed conservator, the 12
reason the proposed conservator should be appointed; 13
(9) if the petition is for a limited conservatorship, a description of the 14
property to be placed under the control of the conservator and any requested limitation 15
on the authority of the conservator; 16
(10) whether the respondent needs an interpreter, translator, or other 17
form of support to communicate effectively with the court or understand court 18
proceedings; and 19
(11) the name and address of an attorney representing the petitioner, if 20
any. 21
Sec. 13.29.165. Notice and hearing for appointment of conservator. (a) On 22
filing of a petition under AS 13.29.160 for appointment of a conservator, the court 23
shall set a date, time, and place for a hearing on the petition. 24
(b) A copy of a petition under AS 13.29.160 and notice of a hearing on the 25
petition must be served on the respondent. The notice must inform the respondent of 26
the respondent's rights at the hearing, including the right to an attorney and to attend 27
the hearing. The notice must include a description of the nature, purpose, and 28
consequences of granting the petition. The court may not grant a petition for 29
appointment of a conservator if notice substantially complying with this subsection is 30
not served on the respondent. For good cause shown, the court may also authorize 31
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alternative methods of service. 1
(c) In a proceeding on a petition under AS 13.29.160, the notice required 2
under (b) of this section must be given to the persons required to be listed in the 3
petition under AS 13.29.160(b)(1) - (3) and any other person the court determines is 4
interested in the welfare of the respondent. Failure to give notice under this subsection 5
does not preclude the court from appointing a conservator. 6
(d) After the appointment of a conservator, notice of a hearing on a petition 7
for an order under AS 13.29.155 - 13.29.315, together with a copy of the petition, 8
must be given to 9
(1) the individual subject to conservatorship, if the individual is 12 10
years of age or older and not missing, detained, or unable to return to the United 11
States; 12
(2) the conservator; and 13
(3) any other person the court determines. 14
Sec. 13.29.170. Order to preserve or apply property while proceeding 15
pending. While a petition under AS 13.29.160 is pending, after preliminary hearing 16
and without notice to others, the court may issue an order to preserve and apply 17
property of the respondent as required for the support of the respondent or an 18
individual who is in fact dependent on the respondent. The court may appoint a master 19
to assist in implementing the order. 20
Sec. 13.29.175. Appointment and role of visitor; five-year report. (a) If the 21
respondent in a proceeding to appoint a conservator or emergency conservator is a 22
minor, the court may appoint a visitor to investigate a matter related to the petition or 23
inform the minor or a parent of the minor about the petition or a related matter. 24
(b) If the respondent in a proceeding to appoint a conservator or emergency 25
conservator is an adult, the court shall appoint a visitor. The duties and reporting 26
requirements of the visitor are limited to the relief requested in the petition. The visitor 27
must be an individual with training or experience in the type of abilities, limitations, 28
and needs alleged in the petition. 29
(c) A visitor appointed under (b) of this section for an adult shall interview the 30
respondent in person and, in a manner the respondent is best able to understand, 31
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(1) explain to the respondent the substance of the petition, the nature, 1
purpose, and effect of the proceeding, the rights of the respondent at the hearing on the 2
petition, and the general powers and duties of a conservator; 3
(2) determine the respondent's views about the appointment sought by 4
the petitioner, including views about a proposed conservator, the conservator's 5
proposed powers and duties, and the scope and duration of the proposed 6
conservatorship; 7
(3) inform the respondent of the respondent's right to employ and 8
consult with an attorney at the respondent's expense and the right to request a court-9
appointed attorney; and 10
(4) inform the respondent that all costs and expenses of the proceeding, 11
including attorney fees of the respondent, may be paid from the respondent's assets. 12
(d) A visitor appointed under (b) of this section for an adult shall 13
(1) interview the petitioner and proposed conservator, if any; 14
(2) review financial records of the respondent, if relevant to the 15
recommendation of the visitor under (e)(2) of this section; 16
(3) investigate whether the needs of the respondent could be met by a 17
protective arrangement instead of conservatorship or other less restrictive alternative 18
and, if so, identify the arrangement or other less restrictive alternative; and 19
(4) investigate the allegations in the petition and any other matter 20
relating to the petition the court directs. 21
(e) A visitor appointed under (b) of this section for an adult shall promptly file 22
a report in a record with the court, which must include 23
(1) a recommendation whether an attorney should be appointed to 24
represent the respondent; 25
(2) a recommendation 26
(A) regarding the appropriateness of conservatorship, or 27
whether a protective arrangement instead of conservatorship or other less 28
restrictive alternative for meeting the needs of the respondent is available; 29
(B) if a conservatorship is recommended, whether it should be 30
full or limited; and 31
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(C) if a limited conservatorship is recommended, the powers to 1
be granted to the conservator, and the property that should be placed under the 2
control of the conservator; 3
(3) a statement of the qualifications of the proposed conservator and 4
whether the respondent approves or disapproves of the proposed conservator; 5
(4) a recommendation whether a professional evaluation under 6
AS 13.29.185 is necessary; 7
(5) a statement whether the respondent is able to attend a hearing at the 8
location where court proceedings typically are held; 9
(6) a statement whether the respondent is able to participate in a 10
hearing and which identifies any technology or other form of support that would 11
enhance the ability of the respondent to participate; and 12
(7) any other matter the court directs. 13
(f) At least once every five years, the court shall appoint a visitor to file a 14
report that provides a review of the conservatorship during the period since the 15
establishment of the conservatorship or since the last report was filed, whichever is 16
more recent. The court may require an additional report under this subsection at any 17
time. The report must include 18
(1) the name and address of the conservator and the individual subject 19
to conservatorship; 20
(2) the services being provided to the individual subject to 21
conservatorship by or through the conservator; 22
(3) the significant actions taken by the conservator in regard to the 23
individual subject to conservatorship during the reporting period; 24
(4) a financial accounting of the conservatorship estate that has been 25
subject to the possession or control of the conservator; 26
(5) a list of the number and nature of contacts between the conservator 27
and the individual subject to conservatorship if the individual does not reside with the 28
conservator; 29
(6) a recommendation on the need for continued conservatorship and 30
any recommended change in the scope of the conservatorship, including whether the 31
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individual's needs may be met by a protective arrangement instead of conservatorship 1
or other less restrictive alternative; and 2
(7) any other information requested by the court or that the visitor 3
determines is necessary or desirable. 4
Sec. 13.29.180. Appointment and role of attorney. (a) A respondent who is 5
the subject of a proceeding for the appointment of a conservator is entitled to be 6
represented by an attorney in the proceeding. If the respondent has not retained an 7
attorney, the court shall appoint an attorney to represent the respondent in the 8
proceeding. If the respondent is financially unable to employ an attorney, the court 9
shall appoint the office of public advocacy to represent the respondent in the 10
proceeding. 11
(b) An attorney representing the respondent in a proceeding for appointment 12
of a conservator shall 13
(1) make reasonable efforts to ascertain the wishes of the respondent; 14
(2) advocate for the wishes of the respondent to the extent reasonably 15
ascertainable; and 16
(3) if the wishes of the respondent are not reasonably ascertainable, 17
advocate for the result that is the least restrictive in type, duration, and scope, 18
consistent with the respondent's interests. 19
Sec. 13.29.185. Professional evaluation. (a) At or before a hearing on a 20
petition for conservatorship for an adult, the court shall order a professional evaluation 21
of the respondent 22
(1) if the respondent requests the evaluation; or 23
(2) in other cases, unless the court finds it has sufficient information to 24
determine the needs and abilities of the respondent without the evaluation. 25
(b) If the court orders an evaluation under (a) of this section, the respondent 26
must be examined by a licensed physician, psychologist, social worker, or other 27
individual appointed by the court who is qualified to evaluate the respondent's alleged 28
cognitive and functional abilities and limitations and does not have a conflict of 29
interest. The individual conducting the evaluation promptly shall file a report in a 30
record with the court. Unless otherwise directed by the court, the report must contain 31
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(1) a description of the nature, type, and extent of the respondent's 1
cognitive and functional abilities and limitations with regard to the management of the 2
property and financial affairs of the respondent; 3
(2) an evaluation of the respondent's mental and physical condition 4
and, if appropriate, educational potential, adaptive behavior, and social skills; 5
(3) a prognosis for improvement with regard to the ability to manage 6
the respondent's property and financial affairs; and 7
(4) the date of the examination on which the report is based. 8
(c) A respondent may decline to participate in an evaluation ordered under (a) 9
of this section. 10
Sec. 13.29.190. Attendance and rights at hearing. (a) Except as otherwise 11
provided in (b) of this section, a hearing under AS 13.29.165 may not proceed unless 12
the respondent attends the hearing. If it is not reasonably feasible for the respondent to 13
attend a hearing at the location where court proceedings typically are held, the court 14
shall make reasonable efforts to hold the hearing at an alternative location convenient 15
to the respondent or allow the respondent to attend the hearing using real-time 16
audiovisual technology. 17
(b) A hearing under AS 13.29.165 may proceed without the respondent in 18
attendance if the court finds by clear and convincing evidence that 19
(1) the respondent consistently and repeatedly has refused to attend the 20
hearing after having been fully informed of the right to attend and the potential 21
consequences of failing to do so; 22
(2) there is no practicable way for the respondent to attend and 23
participate in the hearing even with appropriate supportive services or technological 24
assistance; or 25
(3) the respondent is a minor who has received proper notice and 26
attendance would be harmful to the minor. 27
(c) The respondent has a right to choose an attorney to represent the 28
respondent at a hearing under AS 13.29.165. 29
(d) At a hearing under AS 13.29.165, the respondent may 30
(1) present evidence and subpoena witnesses and documents; 31
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(2) examine witnesses, including any court-appointed evaluator and 1
the visitor; and 2
(3) otherwise participate in the hearing. 3
(e) Unless excused by the court for good cause, a proposed conservator shall 4
attend a hearing under AS 13.29.165. 5
(f) A hearing under AS 13.29.165 must be closed on request of the respondent 6
and a showing of good cause. 7
(g) Any person may request to participate in a hearing under AS 13.29.165. 8
The court may grant the request, with or without a hearing, on determining that the 9
best interest of the respondent will be served. The court may impose appropriate 10
conditions on the person's participation. 11
Sec. 13.29.195. Confidentiality of records. (a) The existence of a proceeding 12
for or the existence of conservatorship is a matter of public record unless the court 13
seals the record after 14
(1) the respondent, the individual subject to conservatorship, or the 15
parent of a minor subject to conservatorship requests that the record be sealed; and 16
(2) either 17
(A) the petition for conservatorship is dismissed; or 18
(B) the conservatorship is terminated. 19
(b) An individual subject to a proceeding for a conservatorship, whether or not 20
a conservator is appointed, an attorney designated by the individual, and a person 21
entitled to notice under AS 13.29.205(e) or a subsequent order may access court 22
records of the proceeding and resulting conservatorship, including the plan of the 23
conservator under AS 13.29.245 and the report of the conservator under AS 13.29.265. 24
A person not otherwise entitled to access court records under this section for good 25
cause may petition the court for access to court records of the conservatorship, 26
including the plan and report of the conservator. The court shall grant access if access 27
is in the best interest of the respondent or individual subject to conservatorship or 28
furthers the public interest and does not endanger the welfare or financial interests of 29
the respondent or individual. 30
(c) A report of a visitor under AS 13.29.175 or professional evaluation under 31
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AS 13.29.185 is confidential and must be sealed on filing, but is available to 1
(1) the court; 2
(2) the individual who is the subject of the report or evaluation, 3
without limitation as to use; 4
(3) the petitioner, visitor, and petitioner's and respondent's attorneys, 5
for purposes of the proceeding; 6
(4) unless the court directs otherwise, an agent appointed under a 7
power of attorney under AS 13.26 in which the respondent is identified as the 8
principal; and 9
(5) any other person if it is in the public interest or for a purpose the 10
court orders for good cause. 11
Sec. 13.29.200. Who may be conservator; order of priority. (a) Except as 12
otherwise provided in (c) of this section, the court in appointing a conservator shall 13
consider persons qualified to be a conservator in the following order of priority: 14
(1) a conservator, other than a temporary or emergency conservator, 15
currently acting for the respondent in another jurisdiction; 16
(2) a person nominated as conservator by the respondent, including the 17
respondent's most recent nomination made in a power of attorney under AS 13.26; 18
(3) an agent appointed by the respondent to manage the respondent's 19
property under a power of attorney under AS 13.26; 20
(4) a spouse of the respondent; 21
(5) a family member or other individual who has shown special care 22
and concern for the respondent; 23
(6) a private professional conservator; and 24
(7) the public guardian. 25
(b) If two or more persons have equal priority under (a) of this section, the 26
court shall select as conservator the person the court considers best qualified. In 27
determining the best qualified person, the court shall consider the person's relationship 28
with the respondent, the person's skills, the expressed wishes of the respondent, the 29
extent to which the person and the respondent have similar values and preferences, 30
and the likelihood the person will be able to perform the duties of a conservator 31
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successfully. 1
(c) If it is in the best interest of the respondent, the court may decline to 2
appoint as conservator a person having priority under (a) of this section and appoint a 3
person having a lower priority or no priority. 4
(d) A person that provides paid services to the respondent, or an individual 5
who is employed by a person that provides paid services to the respondent or is the 6
spouse, parent, or child of an individual who provides or is employed to provide paid 7
services to the respondent, may not be appointed as conservator unless 8
(1) the individual is related to the respondent by blood, marriage, or 9
adoption; or 10
(2) the court finds by clear and convincing evidence that the person is 11
the best qualified person available for appointment and the appointment is in the best 12
interest of the respondent. 13
(e) An owner, operator, or employee of a long-term care facility at which the 14
respondent is receiving care may not be appointed as conservator unless the owner, 15
operator, or employee is related to the respondent by blood, marriage, or adoption. 16
Sec. 13.29.205. Order of appointment of conservator. (a) A court order 17
appointing a conservator for a minor must include findings to support appointment of 18
a conservator and, if a full conservatorship is granted, the reason a limited 19
conservatorship would not meet the identified needs of the minor. 20
(b) A court order appointing a conservator for an adult must include a specific 21
finding that clear and convincing evidence has established that 22
(1) the identified needs of the respondent cannot be met by a protective 23
arrangement instead of conservatorship or other less restrictive alternative, including 24
use of appropriate supportive services, technological assistance, or supported decision 25
making; and 26
(2) the respondent was given proper notice of the hearing on the 27
petition. 28
(c) A court order establishing a full conservatorship for an adult must state the 29
basis for granting a full conservatorship and include specific findings to support the 30
conclusion that a limited conservatorship would not meet the functional needs of the 31
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adult. 1
(d) A court order establishing a limited conservatorship must state the specific 2
property placed under the control of the conservator and the powers granted to the 3
conservator. 4
(e) The court, as part of an order establishing a conservatorship, shall identify 5
any person that is entitled to 6
(1) notice of the rights of the individual subject to conservatorship 7
under AS 13.29.210(b); 8
(2) notice of a sale of or surrender of a lease to the primary dwelling of 9
the individual; 10
(3) notice that the conservator has delegated a power that requires 11
court approval under AS 13.29.220 or substantially all powers of the conservator; 12
(4) notice that the conservator will be unavailable to perform the duties 13
of the conservator for more than one month; 14
(5) a copy of the conservator's plan under AS 13.29.245 and the 15
conservator's report under AS 13.29.265; 16
(6) access to court records relating to the conservatorship; 17
(7) notice of a transaction involving a substantial conflict between the 18
fiduciary duties and personal interests of the conservator; 19
(8) notice of the death or significant change in the condition of the 20
individual; 21
(9) notice that the court has limited or modified the powers of the 22
conservator; and 23
(10) notice of the removal of the conservator. 24
(f) If an individual subject to conservatorship is an adult, the spouse and adult 25
children of the adult subject to conservatorship are entitled to notice under (e) of this 26
section unless the court determines notice would be contrary to the preferences or 27
prior directions of the adult subject to conservatorship or not in the best interest of the 28
adult. 29
(g) If an individual subject to conservatorship is a minor, each parent and adult 30
sibling of the minor is entitled to notice under (e) of this section unless the court 31
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determines notice would not be in the best interest of the minor. 1
Sec. 13.29.210. Notice of order of appointment; rights. (a) A conservator 2
appointed under AS 13.29.155 shall give to the individual subject to conservatorship 3
and to all other persons given notice under AS 13.29.165 a copy of the order of 4
appointment, together with notice of the right to request termination or modification. 5
The order and notice must be given not later than 14 days after the appointment. 6
(b) Not later than 30 days after appointment of a conservator under 7
AS 13.29.155, the court shall give to the individual subject to conservatorship, the 8
conservator, and any other person entitled to notice under AS 13.29.205(e) a statement 9
of the rights of the individual subject to conservatorship and procedures to seek relief 10
if the individual is denied those rights. The statement must be in plain language, in at 11
least 16-point font, and, to the extent feasible, in a language in which the individual 12
subject to conservatorship is proficient. The statement must notify the individual 13
subject to conservatorship of the right to 14
(1) seek termination or modification of the conservatorship, or removal 15
of the conservator, and choose an attorney to represent the individual in these matters; 16
(2) participate in decision making to the extent reasonably feasible; 17
(3) receive a copy of the plan of the conservator under AS 13.29.245, 18
the inventory of the conservator under AS 13.29.250, and the report of the conservator 19
under AS 13.29.265; and 20
(4) object to the inventory, plan, or report of the conservator. 21
(c) If a conservator is appointed for the reasons stated in 22
AS 13.29.155(b)(1)(B) and the individual subject to conservatorship is missing, notice 23
under this section to the individual is not required. 24
Sec. 13.29.215. Emergency conservator. (a) On its own or on petition by a 25
person interested in an individual's welfare after a petition has been filed under 26
AS 13.29.160, the court may appoint an emergency conservator for the individual if 27
the court finds by clear and convincing evidence that 28
(1) the appointment of an emergency conservator is likely to prevent 29
an imminent risk of substantial and irreparable harm to the property or financial 30
interests of the individual; 31
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(2) no other person appears to have authority and willingness to act in 1
the circumstances; and 2
(3) a basis for appointment of a conservator under AS 13.29.155 exists. 3
(b) A petition for appointment of an emergency conservator for an individual 4
must allege the facts that the petitioner believes meet the conditions for appointment 5
of an emergency conservator under (a) of this section. 6
(c) The duration of authority of an emergency conservator may not exceed 60 7
days and the emergency conservator may exercise only the powers specified in the 8
order of appointment. The emergency conservator's authority may be extended once 9
for not more than 60 days if the court finds that the conditions for appointment of an 10
emergency conservator under (a) of this section continue. 11
(d) Immediately upon filing of a petition for an emergency conservator, the 12
court shall appoint an attorney to represent the respondent in the proceeding if the 13
respondent has not retained an attorney and appoint a visitor under AS 13.29.175. 14
(e) Except as otherwise provided in (f) of this section, reasonable notice of the 15
date, time, and place of a hearing on the petition must be given to 16
(1) the respondent; 17
(2) the respondent's attorney; 18
(3) the court visitor; 19
(4) the public guardian; and 20
(5) any other person the court determines. 21
(f) The court may appoint an emergency conservator without giving notice 22
under (e) of this section only if the court finds that an affidavit or testimony 23
establishes clear and convincing evidence of an imminent risk that the property or 24
financial interests of the respondent will be substantially and irreparably harmed 25
before a hearing with notice on the appointment can be held. If the court appoints an 26
emergency conservator without giving notice under (e) of this section, notice of the 27
appointment must be given not later than 48 hours after the appointment to the 28
individuals listed in (e) of this section. Not later than five days after the appointment, 29
the court shall hold a hearing on the appropriateness of the appointment. 30
(g) Appointment of an emergency conservator under this section is not a 31
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determination that a basis exists for appointment of a conservator under AS 13.29.155. 1
(h) The court may remove an emergency conservator appointed under this 2
section at any time. The emergency conservator shall make any report the court 3
requires. 4
Sec. 13.29.220. Powers of conservator requiring court approval. (a) Except 5
as otherwise ordered by the court, a conservator must give notice to persons entitled to 6
notice under AS 13.29.165(d) and receive specific authorization by the court before 7
the conservator may exercise with respect to the conservatorship the power to 8
(1) make a gift, except a gift of minimal value; 9
(2) sell, encumber an interest in, or surrender a rental agreement or 10
lease to the primary dwelling of the individual subject to conservatorship; 11
(3) convey, release, or disclaim a contingent or expectant interest in 12
property, including marital property and any right of survivorship incident to joint 13
tenancy or tenancy by the entirety; 14
(4) exercise or release a power of appointment; 15
(5) create a revocable or irrevocable trust of property of the 16
conservatorship estate, whether or not the trust extends beyond the duration of the 17
conservatorship, or revoke or amend a trust revocable by the individual subject to 18
conservatorship; 19
(6) exercise a right to elect an option or change a beneficiary under an 20
insurance policy or annuity or surrender the policy or annuity for its cash value; 21
(7) exercise a right to an elective share in the estate of a deceased 22
spouse of the individual subject to conservatorship or renounce or disclaim a property 23
interest; 24
(8) grant a creditor priority for payment over creditors of the same or 25
higher class if the creditor is providing property or services used to meet the basic 26
living and care needs of the individual subject to conservatorship and preferential 27
treatment otherwise would be impermissible under AS 13.29.290(e); and 28
(9) make, modify, amend, or revoke the will of the individual subject 29
to conservatorship under AS 13.12.502. 30
(b) In approving a conservator's exercise of a power under (a) of this section, 31
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the court shall consider primarily the decision the individual subject to conservatorship 1
would make if able, to the extent the decision can be ascertained. 2
(c) To determine the decision the individual subject to conservatorship would 3
make if able under (b) of this section, the court shall consider the individual's prior or 4
current directions, preferences, opinions, values, and actions, to the extent actually 5
known or reasonably ascertainable by the conservator. The court also shall consider 6
(1) the financial needs of the individual subject to conservatorship and 7
individuals who are in fact dependent on the individual subject to conservatorship for 8
support and the interests of creditors of the individual; 9
(2) possible reduction of income, estate, inheritance, or other tax 10
liabilities; 11
(3) eligibility for governmental assistance; 12
(4) the previous pattern of giving or level of support provided by the 13
individual; 14
(5) any existing estate plan or lack of estate plan of the individual; 15
(6) the life expectancy of the individual and the probability the 16
conservatorship will terminate before the individual's death; and 17
(7) any other relevant factor. 18
(d) A conservator may not revoke or amend a power of attorney executed 19
under AS 13.26 by the individual subject to conservatorship. If a power of attorney 20
under AS 13.26 is in effect, a decision of the agent takes precedence over that of the 21
conservator, unless the court orders otherwise. 22
Sec. 13.29.225. Petition for order after appointment. An individual subject 23
to conservatorship or a person interested in the welfare of the individual may petition 24
for an order 25
(1) requiring the conservator to furnish a bond or collateral or 26
additional bond or collateral or allowing a reduction in a bond or collateral previously 27
furnished; 28
(2) requiring an accounting for the administration of the 29
conservatorship estate; 30
(3) directing distribution; 31
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(4) removing the conservator and appointing a temporary or successor 1
conservator; 2
(5) modifying the type of appointment or powers granted to the 3
conservator, if the extent of protection or management previously granted is excessive 4
or insufficient to meet the needs of the individual, including because the individual's 5
abilities or supports have changed; 6
(6) rejecting or modifying the plan of the conservator under 7
AS 13.29.245, the inventory of the conservator under AS 13.29.250, or the report of 8
the conservator under AS 13.29.265; or 9
(7) granting other appropriate relief. 10
Sec. 13.29.230. Bond; alternative asset protection arrangement. (a) Except 11
as otherwise provided in (c) of this section, the court shall require a conservator to 12
furnish a bond with a surety the court specifies, or require an alternative asset 13
protection arrangement, conditioned on faithful discharge of all duties of the 14
conservator. The court may waive the requirement only if the court finds that a bond 15
or other asset protection arrangement is not necessary to protect the interests of the 16
individual subject to conservatorship. Except as otherwise provided in (c) of this 17
section, the court may not waive the requirement if the conservator is in the business 18
of serving as a conservator and is being paid for the conservator's service. 19
(b) Unless the court directs otherwise, the bond required under this section 20
must be in the amount of the aggregate capital value of the conservatorship estate, plus 21
one year's estimated income, less the value of property deposited under an 22
arrangement requiring a court order for its removal and real property the conservator 23
lacks power to sell or convey without specific court authorization. The court may 24
accept collateral for the performance of the bond in place of surety on a bond, 25
including a pledge of securities or a mortgage of real property. 26
(c) A trust company in this state is not required to give a bond under this 27
section. In this subsection, "trust company" has the meaning given in AS 13.46.990. 28
Sec. 13.29.235. Terms and requirements of bond. (a) Except as otherwise 29
provided by a bond, the surety and the conservator are jointly and severally liable. 30
(b) By executing a bond provided by a conservator, the surety submits to the 31
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personal jurisdiction of the court that issued letters of office to the conservator in a 1
proceeding relating to the duties of the conservator in which the surety is named as a 2
party. Notice of the proceeding must be given to the surety at the address shown in the 3
records of the court in which the bond is filed and any other address of the surety 4
known to the person required to provide the notice. 5
(c) On petition of a successor conservator or person affected by a breach of the 6
obligation of a bond, a proceeding may be brought against the surety for breach of the 7
obligation of the bond. 8
(d) A proceeding against a bond may be brought until liability under the bond 9
is exhausted. 10
(e) A proceeding may not be brought under this section against a surety of a 11
bond on a matter as to which a proceeding against the conservator is barred. 12
(f) If a bond is not renewed by the conservator, the surety or sureties shall 13
immediately give notice to the court and the individual subject to conservatorship. 14
Sec. 13.29.240. Duties of conservator. (a) A conservator is a fiduciary and has 15
duties of prudence and loyalty to the individual subject to conservatorship. 16
(b) A conservator shall promote the self-determination of the individual 17
subject to conservatorship and, to the extent feasible, encourage the individual to 18
participate in decisions, act on the individual's own behalf, and develop or regain the 19
capacity to manage the individual's personal affairs. 20
(c) In making a decision for an individual subject to conservatorship, the 21
conservator shall make the decision the conservator reasonably believes the individual 22
would make if able, unless doing so would fail to preserve the resources needed to 23
maintain the individual's well-being and lifestyle or otherwise unreasonably harm or 24
endanger the welfare or personal or financial interests of the individual. To determine 25
the decision the individual would make if able, the conservator shall consider the 26
individual's prior or current directions, preferences, opinions, values, and actions, to 27
the extent actually known or reasonably ascertainable by the conservator. 28
(d) If a conservator cannot make a decision under (c) of this section because 29
the conservator does not know and cannot reasonably determine the decision the 30
individual subject to conservatorship likely would make if able, or the conservator 31
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reasonably believes the decision the individual would make would fail to preserve 1
resources needed to maintain the well-being and lifestyle of the individual or 2
otherwise unreasonably harm or endanger the welfare or personal or financial interests 3
of the individual, the conservator shall act in accordance with the best interest of the 4
individual. In determining the best interest of the individual, the conservator shall 5
consider 6
(1) information received from professionals and persons that 7
demonstrate sufficient interest in the welfare of the individual; 8
(2) other information the conservator believes the individual would 9
have considered if the individual were able to act; and 10
(3) other factors a reasonable person in the circumstances of the 11
individual would consider, including consequences for others. 12
(e) Except when inconsistent with the conservator's duties under (a) - (d) of 13
this section, a conservator shall invest and manage the conservatorship estate as a 14
prudent investor would, by considering 15
(1) the circumstances of the individual subject to conservatorship and 16
the conservatorship estate; 17
(2) general economic conditions; 18
(3) the possible effect of inflation or deflation; 19
(4) the expected tax consequences of an investment decision or 20
strategy; 21
(5) the role of each investment or course of action in relation to the 22
conservatorship estate as a whole; 23
(6) the expected total return from income and appreciation of capital; 24
(7) the need for liquidity, regularity of income, and preservation or 25
appreciation of capital; and 26
(8) the special relationship or value, if any, of specific property to the 27
individual subject to conservatorship. 28
(f) The propriety of a conservator's investment and management of the 29
conservatorship estate is determined in light of the facts and circumstances existing 30
when the conservator decides or acts and not by hindsight. 31
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(g) A conservator shall make a reasonable effort to verify facts relevant to the 1
investment and management of the conservatorship estate. 2
(h) A conservator that has special skills or expertise, or is named conservator 3
in reliance on the conservator's representation of special skills or expertise, has a duty 4
to use the special skills or expertise in carrying out the conservator's duties. 5
(i) In investing, selecting specific property for distribution, and invoking a 6
power of revocation or withdrawal for the use or benefit of the individual subject to 7
conservatorship, a conservator shall consider any estate plan of the individual known 8
or reasonably ascertainable to the conservator and may examine the will or other 9
donative, nominative, or appointive instrument of the individual. 10
(j) A conservator shall maintain insurance on the insurable real and personal 11
property of the individual subject to conservatorship, unless the conservatorship estate 12
lacks sufficient funds to pay for insurance or the court finds 13
(1) the property lacks sufficient equity; or 14
(2) insuring the property would unreasonably dissipate the 15
conservatorship estate or otherwise not be in the best interest of the individual. 16
(k) If a power of attorney under AS 13.26 is in effect, a conservator shall 17
cooperate with the agent to the extent feasible. 18
(l) A conservator has access to and authority over a digital asset of the 19
individual subject to conservatorship to the extent provided under AS 13.63 (Revised 20
Uniform Fiduciary Access to Digital Assets Act) or court order. 21
(m) A conservator for an adult shall notify the court if the condition of the 22
adult has changed so that the adult is capable of exercising rights previously removed. 23
The notice must be given immediately on learning of the change. 24
Sec. 13.29.245. Conservator's plan. (a) A conservator shall file with the court 25
a plan for protecting, managing, expending, and distributing the assets of the 26
conservatorship estate not later than 60 days after appointment, when there is a 27
significant change in circumstances, or when the conservator seeks to deviate 28
significantly from the conservator's plan. The plan must be based on the needs of the 29
individual subject to conservatorship and take into account the best interest of the 30
individual as well as the individual's preferences, values, and prior directions, to the 31
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extent known to or reasonably ascertainable by the conservator. The conservator shall 1
include in the plan 2
(1) a budget containing projected expenses and resources, including an 3
estimate of the total amount of fees the conservator anticipates charging each year and 4
a statement or list of the amount the conservator proposes to charge for each service 5
the conservator anticipates providing to the individual; 6
(2) how the conservator will involve the individual in decisions about 7
management of the conservatorship estate; 8
(3) any step the conservator plans to take to develop or restore the 9
ability of the individual to manage the conservatorship estate; and 10
(4) an estimate of the duration of the conservatorship. 11
(b) A conservator shall give notice of the filing of the conservator's plan under 12
(a) of this section, together with a copy of the plan, to the individual subject to 13
conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent 14
order, and any other person the court determines. The notice must include a statement 15
of the right to object to the plan and be given not later than 14 days after the filing. 16
(c) An individual subject to conservatorship and any person entitled to receive 17
notice and a copy of the plan of the conservator under (b) of this section may object to 18
the plan. 19
(d) The court shall review the plan of the conservator filed under (a) of this 20
section and determine whether to approve the plan or require a new plan. In deciding 21
whether to approve the plan, the court shall consider an objection under (c) of this 22
section and whether the plan is consistent with the duties and powers of the 23
conservator. The court may not approve the plan until 30 days after its filing. 24
(e) After a conservator's plan under this section is approved by the court, the 25
conservator shall provide a copy of the plan to the individual subject to 26
conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent 27
order, and any other person the court determines. 28
Sec. 13.29.250. Inventory; records. (a) Not later than 60 days after 29
appointment, a conservator shall prepare and file with the appointing court a detailed 30
inventory of the conservatorship estate, together with an oath or affirmation that the 31
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inventory is believed to be complete and accurate as far as information permits. 1
(b) A conservator shall give notice of the filing of an inventory to the 2
individual subject to conservatorship, a person entitled to notice under 3
AS 13.29.205(e) or a subsequent order, and any other person the court determines. The 4
notice must be given not later than 14 days after the filing. 5
(c) A conservator shall keep records of the administration of the 6
conservatorship estate and make them available for examination on reasonable request 7
of the individual subject to conservatorship, a guardian for the individual, or any other 8
person the conservator or the court determines. 9
Sec. 13.29.255. Administrative powers of conservator not requiring court 10
approval. (a) Except as otherwise provided in AS 13.29.220 or qualified or limited in 11
the court's order of appointment and stated in the letters of office, a conservator has all 12
powers granted in this section and any additional power granted to a trustee by a law 13
of this state other than this chapter. 14
(b) A conservator, acting reasonably and consistent with the fiduciary duties 15
of the conservator to accomplish the purpose of the conservatorship, without specific 16
court authorization or confirmation, may, with respect to the conservatorship estate, 17
(1) collect, hold, and retain property, including property in which the 18
conservator has a personal interest and real property in another state, until the 19
conservator determines disposition of the property should be made; 20
(2) receive additions to the conservatorship estate; 21
(3) continue or participate in the operation of a business or other 22
enterprise; 23
(4) acquire an undivided interest in property in which the conservator, 24
in a fiduciary capacity, holds an undivided interest; 25
(5) invest assets; 26
(6) deposit funds or other property in a financial institution, including 27
one operated by the conservator; 28
(7) acquire or dispose of property, including real property in another 29
state, for cash or on credit, at public or private sale, and manage, develop, improve, 30
exchange, partition, change the character of, or abandon property; 31
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(8) make ordinary or extraordinary repairs or alterations in a building 1
or other structure, demolish any improvement, or raze an existing or erect a new party 2
wall or building; 3
(9) subdivide or develop land, dedicate land to public use, make or 4
obtain the vacation of a plat and adjust a boundary, adjust a difference in valuation of 5
land, exchange or partition land by giving or receiving consideration, and dedicate an 6
easement to public use without consideration; 7
(10) enter for any purpose into a rental agreement or lease of property 8
as lessor or lessee, with or without an option to purchase or renew, for a term within or 9
extending beyond the term of the conservatorship; 10
(11) enter into a lease or arrangement for exploration and removal of 11
minerals or other natural resources or a pooling or unitization agreement; 12
(12) grant an option involving disposition of property or accept or 13
exercise an option for the acquisition of property; 14
(13) vote a security, in person or by general or limited proxy; 15
(14) pay a call, assessment, or other sum chargeable or accruing 16
against or on account of a security; 17
(15) sell or exercise a stock subscription or conversion right; 18
(16) consent, directly or through a committee or agent, to the 19
reorganization, consolidation, merger, dissolution, or liquidation of a corporation or 20
other business enterprise; 21
(17) hold a security in the name of a nominee or in other form without 22
disclosure of the conservatorship so that title to the security may pass by delivery; 23
(18) insure 24
(A) the conservatorship estate, in whole or in part, against 25
damage or loss in accordance with AS 13.29.240(j); and 26
(B) the conservator against liability with respect to a third 27
person; 28
(19) borrow funds, with or without security, to be repaid from the 29
conservatorship estate or otherwise; 30
(20) advance funds for the protection of the conservatorship estate or 31
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the individual subject to conservatorship and all expenses, losses, and liability 1
sustained in the administration of the conservatorship estate or because of holding any 2
property for which the conservator has a lien on the conservatorship estate; 3
(21) pay or contest a claim, settle a claim by or against the 4
conservatorship estate or the individual subject to conservatorship by compromise, 5
arbitration, or otherwise, or release, in whole or in part, a claim belonging to the 6
conservatorship estate to the extent the claim is uncollectible; 7
(22) pay a tax, assessment, compensation of the conservator or any 8
guardian, and other expense incurred in the collection, care, administration, and 9
protection of the conservatorship estate; 10
(23) pay a sum distributable to the individual subject to 11
conservatorship or an individual who is in fact dependent on the individual subject to 12
conservatorship by paying the sum to the distributee or for the use of the distributee 13
(A) to the guardian for the distributee; 14
(B) to the custodian of the distributee under AS 13.46 (Alaska 15
Uniform Transfers to Minors Act) or custodial trustee under AS 13.60 (Alaska 16
Uniform Custodial Trust Act); or 17
(C) if there is no guardian, custodian, or custodial trustee, to a 18
relative or other person having physical custody of the distributee; 19
(24) bring or defend an action, claim, or proceeding in any jurisdiction 20
for the protection of the conservatorship estate or the conservator in the performance 21
of the conservator's duties; 22
(25) structure the finances of the individual subject to conservatorship 23
to establish eligibility for a public benefit, including by making gifts consistent with 24
the individual's preferences, values, and prior directions, if the conservator's action 25
does not jeopardize the individual's welfare and otherwise is consistent with the duties 26
of the conservator; and 27
(26) execute and deliver any instrument that will accomplish or 28
facilitate the exercise of a power of the conservator. 29
Sec. 13.29.260. Distribution from conservatorship estate. (a) Except as 30
otherwise provided in AS 13.29.220 or qualified or limited in the court's order of 31
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appointment and stated in the letters of office, and unless contrary to a plan of the 1
conservator under AS 13.29.245, the conservator may expend or distribute income or 2
principal of the conservatorship estate without specific court authorization or 3
confirmation for the support, care, education, health, or welfare of the individual 4
subject to conservatorship or an individual who is in fact dependent on the individual 5
subject to conservatorship, including the payment of child or spousal support, in 6
accordance with (b) - (e) of this section. 7
(b) The conservator shall consider a recommendation relating to the 8
appropriate standard of support, care, education, health, or welfare for the individual 9
subject to conservatorship or individual who is dependent on the individual subject to 10
conservatorship, made by a guardian for the individual subject to conservatorship, if 11
any, and, if the individual subject to conservatorship is a minor, a recommendation 12
made by a parent of the minor. 13
(c) The conservator acting in compliance with the conservator's duties under 14
AS 13.29.240 is not liable for an expenditure or distribution made based on a 15
recommendation under (b) of this section unless the conservator knows the 16
expenditure or distribution is not in the best interest of the individual subject to 17
conservatorship. 18
(d) In making an expenditure or distribution under this section, the conservator 19
shall consider 20
(1) the size of the conservatorship estate, the estimated duration of the 21
conservatorship, and the likelihood the individual subject to conservatorship, at some 22
future time, may be fully self-sufficient and able to manage the individual's financial 23
affairs and the conservatorship estate; 24
(2) the accustomed standard of living of the individual subject to 25
conservatorship and individual who is dependent on the individual subject to 26
conservatorship; 27
(3) other funds or source used for the support of the individual subject 28
to conservatorship; and 29
(4) the preferences, values, and prior directions of the individual 30
subject to conservatorship. 31
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(e) Funds expended or distributed under this section may be paid by the 1
conservator to any person, including the individual subject to conservatorship, as 2
reimbursement for expenditures the conservator might have made, or in advance for 3
services to be provided to the individual subject to conservatorship or individual who 4
is dependent on the individual subject to conservatorship if it is reasonable to expect 5
the services will be performed and advance payment is customary or reasonably 6
necessary under the circumstances. 7
Sec. 13.29.265. Conservator's report and accounting; monitoring. (a) A 8
conservator shall file with the court a report in a record regarding the administration of 9
the conservatorship estate annually unless the court otherwise directs, on resignation 10
or removal, on termination of the conservatorship, and at any other time the court 11
directs. 12
(b) A report under (a) of this section must state or contain 13
(1) an accounting that lists property included in the conservatorship 14
estate and the receipts, disbursements, liabilities, and distributions during the period 15
for which the report is made; 16
(2) a list of the services provided to the individual subject to 17
conservatorship; 18
(3) a copy of the most recently approved plan of the conservator and a 19
statement whether the conservator has deviated from the plan and, if so, how the 20
conservator has deviated and why; 21
(4) a recommendation as to the need for continued conservatorship and 22
any recommended change in the scope of the conservatorship; 23
(5) to the extent feasible, a copy of the most recent reasonably 24
available financial statements evidencing the status of bank accounts, investment 25
accounts, and mortgages or other debts of the individual subject to conservatorship 26
with all but the last four digits of the account numbers and Social Security number 27
redacted; 28
(6) anything of more than minimal value that the conservator, any 29
individual who resides with the conservator, or the spouse, parent, child, or sibling of 30
the conservator has received from a person providing goods or services to the 31
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individual subject to conservatorship; 1
(7) any business relation the conservator has with a person the 2
conservator has paid or that has benefited from the property of the individual subject 3
to conservatorship; and 4
(8) whether any co-conservator or successor conservator appointed to 5
serve when a designated event occurs is alive and able to serve. 6
(c) The court may appoint a visitor to review a report under this section or the 7
plan of the conservator under AS 13.29.245, interview the individual subject to 8
conservatorship or conservator, or investigate any other matter involving the 9
conservatorship. In connection with the report, the court may order the conservator to 10
submit the conservatorship estate to appropriate examination in a manner the court 11
directs. 12
(d) Notice of the filing under this section of a conservator's report, together 13
with a copy of the report, must be provided to the individual subject to 14
conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent 15
order, and other persons the court determines. The notice and report must be given not 16
later than 14 days after filing. 17
(e) The court shall establish procedures for monitoring a report submitted 18
under this section and review each report at least annually to determine whether 19
(1) the reports provide sufficient information to establish the 20
conservator has complied with the conservator's duties; 21
(2) the conservatorship should continue; and 22
(3) the requested fees of the conservator, if any, should be approved. 23
(f) If the court determines there is reason to believe a conservator has not 24
complied with the conservator's duties or the conservatorship should not continue, the 25
court 26
(1) shall notify the individual subject to conservatorship, the 27
conservator, and any other person entitled to notice under AS 13.29.205(e) or a 28
subsequent order; 29
(2) may require additional information from the conservator; 30
(3) may appoint a visitor to interview the individual subject to 31
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conservatorship or conservator or investigate any matter involving the 1
conservatorship; and 2
(4) consistent with AS 13.29.300 and 13.29.305, may hold a hearing to 3
consider removal of the conservator, termination of the conservatorship, or a change in 4
the powers granted to the conservator or terms of the conservatorship. 5
(g) If the court has reason to believe fees requested by a conservator are not 6
reasonable, the court shall hold a hearing to determine whether to adjust the requested 7
fees. 8
(h) A conservator may petition the court for approval of a report filed under 9
this section. The court after review may approve the report. If the court approves the 10
report, there is a rebuttable presumption the report is accurate as to a matter adequately 11
disclosed in the report. 12
(i) An order, after notice and hearing, approving an interim report of a 13
conservator filed under this section adjudicates liabilities concerning a matter 14
adequately disclosed in the report, as to a person given notice of the report or 15
accounting. 16
(j) An order, after notice and hearing, approving a final report filed under this 17
section discharges the conservator from all liabilities, claims, and causes of action by a 18
person given notice of the report and the hearing as to a matter adequately disclosed in 19
the report. 20
Sec. 13.29.270. Attempted transfer of property by individual subject to 21
conservatorship. (a) The interest of an individual subject to conservatorship in 22
property included in the conservatorship estate is not transferrable or assignable by the 23
individual and is not subject to levy, garnishment, or similar process for claims against 24
the individual unless allowed under AS 13.29.290. 25
(b) If an individual subject to conservatorship enters into a contract after 26
having the right to enter the contract removed by the court, the contract is void against 27
the individual and the property of the individual but is enforceable against the person 28
that contracted with the individual. 29
(c) A person other than the conservator that deals with an individual subject to 30
conservatorship with respect to property included in the conservatorship estate is 31
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entitled to protection provided by law of this state other than this chapter. 1
Sec. 13.29.275. Transaction involving conflict of interest. A transaction 2
involving a conservatorship estate which is affected by a substantial conflict between 3
the conservator's fiduciary duties and personal interests is voidable unless the 4
transaction is authorized by court order after notice to persons entitled to notice under 5
AS 13.29.205(e) or a subsequent order. A transaction affected by a substantial conflict 6
includes a sale, encumbrance, or other transaction involving the conservatorship estate 7
entered into by the conservator, an individual with whom the conservator resides, the 8
spouse, descendant, sibling, agent, or attorney of the conservator, or a corporation or 9
other enterprise in which the conservator has a substantial beneficial interest. 10
Sec. 13.29.280. Protection of person dealing with conservator. (a) A person 11
that assists or deals with a conservator in good faith and for value in any transaction, 12
other than a transaction requiring a court order under AS 13.29.220, is protected as 13
though the conservator properly exercised any power in question. Knowledge by a 14
person that the person is dealing with a conservator alone does not require the person 15
to inquire into the existence of authority of the conservator or the propriety of the 16
conservator's exercise of authority, but restrictions on authority stated in letters of 17
office, or otherwise provided by law, are effective as to the person. A person that pays 18
or delivers property to a conservator is not responsible for proper application of the 19
property. 20
(b) Protection under (a) of this section extends to a procedural irregularity or 21
jurisdictional defect in the proceeding leading to the issuance of letters of office and 22
does not substitute for protection for a person that assists or deals with a conservator 23
provided by comparable provisions in law of this state other than this chapter relating 24
to a commercial transaction or simplifying a transfer of securities by a fiduciary. 25
Sec. 13.29.285. Death of individual subject to conservatorship. (a) If an 26
individual subject to conservatorship dies, the conservator shall deliver to the court for 27
safekeeping any will of the individual in the possession of the conservator and inform 28
the personal representative named in the will if feasible, or if not feasible, a 29
beneficiary named in the will, of the delivery. 30
(b) On the death of an individual subject to conservatorship, the conservator 31
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shall conclude the administration of the conservatorship estate as provided in (c) of 1
this section and AS 13.29.305. 2
(c) If, after 40 days from the death of the individual subject to 3
conservatorship, no other person has been appointed personal representative and no 4
application or petition for appointment is before the court, the conservator of the 5
individual on the date of the individual's death may apply to exercise the powers and 6
duties of a personal representative in order to proceed with administering and 7
distributing the decedent's estate without additional or further appointment. Upon 8
application for an order granting the powers of a personal representative to a 9
conservator, after notice to any person demanding notice under AS 13.16.070 and to 10
any person nominated executor in any will of which the applicant is aware, the court 11
may order the conferral of the power upon determining that there is no objection, and 12
endorse the letters of the conservator to note that the individual formerly subject to 13
conservatorship is deceased and that the conservator has acquired all of the powers 14
and duties of a personal representative. The making and entry of an order under this 15
subsection has the effect of an order of appointment of a personal representative as 16
provided in AS 13.16.115 and 13.16.245 - 13.16.655 except that estate in the name of 17
the conservator, after administration, may be distributed to the decedent's successors 18
without prior retransfer to the conservator as personal representative. 19
Sec. 13.29.290. Presentation and allowance of claim. (a) A conservator may 20
pay, or secure by encumbering property included in the conservatorship estate, a claim 21
against the conservatorship estate or the individual subject to conservatorship arising 22
before or during the conservatorship, on presentation and allowance in accordance 23
with the priorities under (d) of this section. A claimant may present a claim by 24
(1) sending or delivering to the conservator a statement in a record of 25
the claim, indicating its basis, the name and address of the claimant, and the amount 26
claimed; or 27
(2) filing the claim with the court, in a form acceptable to the court, 28
and sending or delivering a copy of the claim to the conservator. 29
(b) A claim under (a) of this section is presented on receipt by the conservator 30
of the statement of the claim or the filing with the court of the claim, whichever first 31
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occurs. A presented claim is allowed if it is not disallowed in whole or in part by the 1
conservator in a record sent or delivered to the claimant not later than 60 days after its 2
presentation. Before payment, the conservator may change an allowance of the claim 3
to a disallowance in whole or in part, but not after allowance under a court order or 4
order directing payment of the claim. Presentation of a claim tolls until 30 days after 5
disallowance of the claim the running of a statute of limitations that has not expired 6
relating to the claim. 7
(c) A claimant whose claim under (a) of this section has not been paid may 8
petition the court to determine the claim at any time before it is barred by a statute of 9
limitations, and the court may order its allowance, payment, or security by 10
encumbering property included in the conservatorship estate. If a proceeding is 11
pending against the individual subject to conservatorship at the time of appointment of 12
the conservator or is initiated thereafter, the moving party shall give the conservator 13
notice of the proceeding if it could result in creating a claim against the 14
conservatorship estate. 15
(d) If a conservatorship estate is likely to be exhausted before all existing 16
claims are paid, the conservator shall distribute the estate in money or in kind in 17
payment of claims in the following order: 18
(1) costs and expenses of administration; 19
(2) a claim of the federal or state government having priority under law 20
other than this chapter; 21
(3) a claim incurred by the conservator for support, care, education, 22
health, or welfare previously provided to the individual subject to conservatorship or 23
an individual who is in fact dependent on the individual subject to conservatorship; 24
(4) a claim arising before the conservatorship; and 25
(5) all other claims. 26
(e) Preference may not be given in the payment of a claim under (d) of this 27
section over another claim of the same class. A claim due and payable may not be 28
preferred over a claim not due unless 29
(1) doing so would leave the conservatorship estate without sufficient 30
funds to pay the basic living and health care expenses of the individual subject to 31
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conservatorship; and 1
(2) the court authorizes the preference under AS 13.29.220(a)(8). 2
(f) If assets of a conservatorship estate are adequate to meet all existing 3
claims, the court may order the conservator to grant a security interest in the 4
conservatorship estate for payment of a claim at a future date if it is in the best interest 5
of the individual subject to conservatorship. 6
Sec. 13.29.295. Personal liability of conservator. (a) Except as otherwise 7
agreed by a conservator, the conservator is not personally liable on a contract properly 8
entered into in a fiduciary capacity in the course of administration of the 9
conservatorship estate unless the conservator fails to reveal the conservator's 10
representative capacity in the contract or before entering into the contract. 11
(b) A conservator is personally liable for an obligation arising from control of 12
property of the conservatorship estate or an act or omission occurring in the course of 13
administration of the conservatorship estate only if the conservator is personally at 14
fault. 15
(c) A claim based on a contract entered into by a conservator in a fiduciary 16
capacity, an obligation arising from control of property included in the 17
conservatorship estate, or a tort committed in the course of administration of the 18
conservatorship estate may be asserted against the conservatorship estate in a 19
proceeding against the conservator in a fiduciary capacity, whether or not the 20
conservator is personally liable for the claim. 21
(d) A question of liability between a conservatorship estate and the 22
conservator personally may be determined in a proceeding for accounting, surcharge, 23
or indemnification or another appropriate proceeding or action. 24
Sec. 13.29.300. Removal of conservator; appointment of successor. (a) The 25
court may remove a conservator for failure to perform the duties of the conservator or 26
other good cause and appoint a successor conservator to assume the duties of the 27
conservator. 28
(b) The court shall hold a hearing to determine whether to remove a 29
conservator and appoint a successor on 30
(1) petition of the individual subject to conservatorship, conservator, or 31
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person interested in the welfare of the individual which contains allegations that, if 1
true, would support a reasonable belief that removal of the conservator and 2
appointment of a successor may be appropriate, but the court may decline to hold a 3
hearing if a petition based on the same or substantially similar facts was filed during 4
the preceding six months; 5
(2) communication from the individual subject to conservatorship, 6
conservator, or person interested in the welfare of the individual which supports a 7
reasonable belief that removal of the conservator and appointment of a successor may 8
be appropriate; or 9
(3) determination by the court that a hearing would be in the best 10
interest of the individual subject to conservatorship. 11
(c) Notice of a petition under (b)(1) of this section must be given to the 12
individual subject to conservatorship, the conservator, and any other person the court 13
determines. 14
(d) An individual subject to conservatorship who seeks to remove the 15
conservator and have a successor appointed has the right to choose an attorney to 16
represent the individual in this matter. If the individual is not represented by an 17
attorney, the court shall appoint an attorney under the same conditions as in 18
AS 13.29.180. The court shall award reasonable attorney fees to the attorney as 19
provided in AS 13.29.490. 20
(e) In selecting a successor conservator, the court shall follow the priorities 21
under AS 13.29.200. 22
(f) Not later than 30 days after appointing a successor conservator, the court 23
shall give notice of the appointment to the individual subject to conservatorship and 24
any person entitled to notice under AS 13.29.205(e) or a subsequent order. 25
Sec. 13.29.305. Termination or modification of conservatorship. (a) A 26
conservatorship for a minor terminates on the earliest of 27
(1) a court order terminating the conservatorship; 28
(2) the minor becoming an adult or, if the minor consents or the court 29
finds by clear and convincing evidence that substantial harm to the minor's interests is 30
otherwise likely, attaining 21 years of age; 31
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(3) emancipation of the minor; or 1
(4) death of the minor. 2
(b) A conservatorship for an adult terminates on order of the court or when the 3
adult dies. 4
(c) An individual subject to conservatorship, the conservator, or a person 5
interested in the welfare of the individual may petition for 6
(1) termination of the conservatorship on the ground that a basis for 7
appointment under AS 13.29.155 does not exist or termination would be in the best 8
interest of the individual or for other good cause; or 9
(2) modification of the conservatorship on the ground that the extent of 10
protection or assistance granted is not appropriate or for other good cause. 11
(d) The court shall hold a hearing to determine whether termination or 12
modification of a conservatorship is appropriate on 13
(1) petition under (c) of this section which contains allegations that, if 14
true, would support a reasonable belief that termination or modification of the 15
conservatorship may be appropriate, but the court may decline to hold a hearing if a 16
petition based on the same or substantially similar facts was filed within the preceding 17
six months; 18
(2) a communication from the individual subject to conservatorship, 19
conservator, or person interested in the welfare of the individual which supports a 20
reasonable belief that termination or modification of the conservatorship may be 21
appropriate, including because the functional needs of the individual or supports or 22
services available to the individual have changed; 23
(3) a report from a guardian or conservator which indicates that 24
termination or modification may be appropriate because the functional needs or 25
supports or services available to the individual have changed or a protective 26
arrangement instead of conservatorship or other less restrictive alternative is available; 27
or 28
(4) a determination by the court that a hearing would be in the best 29
interest of the individual. 30
(e) Notice of a petition under (c) of this section must be given to the individual 31
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subject to conservatorship, the conservator, and any other person the court determines. 1
(f) On presentation of prima facie evidence for termination of a 2
conservatorship, the court shall order termination unless it is proven that a basis for 3
appointment of a conservator under AS 13.29.155 exists. 4
(g) The court shall modify the powers granted to a conservator if the powers 5
are excessive or inadequate because of a change in the abilities or limitations of the 6
individual subject to conservatorship, the supports of the individual, or other 7
circumstances. 8
(h) Unless the court otherwise orders for good cause, before terminating a 9
conservatorship, the court shall follow the same procedures to safeguard the rights of 10
the individual subject to conservatorship which apply to a petition for conservatorship. 11
(i) An individual subject to conservatorship who seeks to terminate or modify 12
the terms of the conservatorship has the right to choose an attorney to represent the 13
individual in this matter. If the individual is not represented by an attorney, the court 14
shall appoint an attorney under the same conditions as in AS 13.29.180. The court 15
shall award reasonable attorney fees to the attorney as provided in AS 13.29.490. 16
(j) On termination of a conservatorship other than because of the death of the 17
individual subject to conservatorship, property of the conservatorship estate passes to 18
the individual. The order of termination must direct the conservator to file a final 19
report and petition for discharge on approval by the court of the final report. 20
(k) On termination of a conservatorship because of the death of the individual 21
subject to conservatorship, the conservator shall promptly file a final report and 22
petition for discharge on approval by the court of the final report. On approval of the 23
final report, the conservator shall proceed expeditiously to distribute the 24
conservatorship estate to the individual's estate or as otherwise ordered by the court. 25
The conservator may take reasonable measures necessary to preserve the 26
conservatorship estate until distribution can be made. 27
(l) The court shall issue a final order of discharge on the approval by the court 28
of the final report and satisfaction by the conservator of any other condition the court 29
imposed on the conservator's discharge. 30
Sec. 13.29.310. Payment of debt and delivery of property to foreign 31
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conservator without local proceedings. (a) Any person indebted to or having 1
possession of property or of an instrument evidencing a debt, stock, or chose in action 2
belonging to an individual subject to conservatorship under the law of another state 3
may pay or deliver to a conservator, guardian of the estate, or other like fiduciary 4
appointed by a court of the state of residence of the individual, upon being presented 5
with proof of the fiduciary's appointment and an affidavit made by the fiduciary or on 6
the fiduciary's behalf stating: 7
(1) that no protective proceeding relating to the individual is pending 8
in this state; and 9
(2) that the foreign conservator is entitled to payment or to receive 10
delivery. 11
(b) If the person to whom the affidavit is presented is not aware of any 12
protective proceeding pending in this state, payment or delivery in response to the 13
demand and affidavit discharges the debtor or possessor. 14
Sec. 13.29.315. Transfer for benefit of minor without appointment of 15
conservator. (a) Unless a person required to transfer funds or other property to a 16
minor knows that a conservator for the minor has been appointed or a proceeding is 17
pending for conservatorship, the person may transfer an amount or value not 18
exceeding $15,000 in a 12-month period to 19
(1) a person that has care or custody of the minor and with whom the 20
minor resides; 21
(2) a guardian for the minor; 22
(3) a custodian under AS 13.46 (Alaska Uniform Transfers to Minors 23
Act); or 24
(4) a financial institution as a deposit in an interest-bearing account or 25
certificate solely in the name of the minor and shall give notice to the minor of the 26
deposit. 27
(b) A person that transfers funds or other property under this section is not 28
responsible for its proper application. 29
(c) A person that receives funds or other property for a minor under (a)(1) or 30
(2) of this section may apply it only to the support, care, education, health, or welfare 31
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of the minor, and may not derive a personal financial benefit from it, except for 1
reimbursement for necessary expenses. Funds not applied for these purposes must be 2
preserved for the future support, care, education, health, or welfare of the minor, and 3
the balance, if any, transferred to the minor when the minor becomes an adult or 4
otherwise is emancipated. 5
Article 4. Other Protective Arrangements. 6
Sec. 13.29.320. Authority for protective arrangement. (a) Under 7
AS 13.29.320 - 13.29.375, a court on receiving a petition for a 8
(1) guardianship for an adult may order a protective arrangement 9
instead of guardianship as a less restrictive alternative to guardianship; and 10
(2) conservatorship for an individual may order a protective 11
arrangement instead of conservatorship as a less restrictive alternative to 12
conservatorship. 13
(b) A person interested in an adult's welfare, including the adult or a 14
conservator for the adult, may petition under AS 13.29.320 - 13.29.375 for a 15
protective arrangement instead of guardianship. 16
(c) The following persons may petition under AS 13.29.320 - 13.29.375 for a 17
protective arrangement instead of conservatorship: 18
(1) the individual for whom the protective arrangement is sought; 19
(2) a person interested in the property, financial affairs, or welfare of 20
the individual, including a person that would be adversely affected by lack of effective 21
management of property or financial affairs of the individual; and 22
(3) the guardian for the individual. 23
Sec. 13.29.325. Basis for protective arrangement instead of guardianship 24
for adult. (a) After the hearing on a petition under AS 13.29.065 for a guardianship or 25
under AS 13.29.320(b) for a protective arrangement instead of guardianship, the court 26
may issue an order under (b) of this section for a protective arrangement instead of 27
guardianship if the court finds by clear and convincing evidence that 28
(1) the respondent lacks the ability to meet essential requirements for 29
physical health, safety, or self-care because the respondent is unable to receive and 30
evaluate information or make or communicate decisions, even with appropriate 31
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supportive services, technological assistance, or supported decision making; and 1
(2) the identified needs of the respondent cannot be met by a less 2
restrictive alternative. 3
(b) If the court makes the findings under (a) of this section, the court, instead 4
of appointing a guardian, may 5
(1) authorize or direct a transaction necessary to meet the respondent's 6
need for health, safety, or care, including 7
(A) a particular medical treatment or refusal of a particular 8
medical treatment; 9
(B) a move to a specified place of dwelling; or 10
(C) a visitation or supervised visitation between the respondent 11
and another person; and 12
(2) order other arrangements on a limited basis that are appropriate. 13
(c) In deciding whether to issue an order under this section, the court shall 14
consider the factors under AS 13.29.120 and 13.29.125 which a guardian must 15
consider when making a decision on behalf of an adult subject to guardianship. 16
Sec. 13.29.330. Basis for protective arrangement instead of 17
conservatorship for adult or minor. (a) After the hearing on a petition under 18
AS 13.29.160 for conservatorship for an adult or under AS 13.29.320(c) for a 19
protective arrangement instead of conservatorship for an adult, the court may issue an 20
order under (c) of this section for a protective arrangement instead of conservatorship 21
for the adult if the court finds by clear and convincing evidence that 22
(1) the adult is unable to manage property or financial affairs because 23
(A) of a limitation in the ability to receive and evaluate 24
information or make or communicate decisions, even with appropriate 25
supportive services, technological assistance, or supported decision making; or 26
(B) the adult is missing, detained, or unable to return to the 27
United States; 28
(2) an order under (c) of this section is necessary to 29
(A) avoid harm to the adult or significant dissipation of the 30
property of the adult; or 31
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(B) obtain or provide funds or other property needed for the 1
support, care, education, health, or welfare of the adult or an individual entitled 2
to the adult's support; and 3
(3) the identified needs of the respondent cannot be met by a less 4
restrictive alternative. 5
(b) After the hearing on a petition under AS 13.29.160 for conservatorship for 6
a minor or under AS 13.29.320(c) for a protective arrangement instead of 7
conservatorship for a minor, the court may issue an order under (c) of this section for a 8
protective arrangement instead of conservatorship for the respondent if the court finds 9
by a preponderance of the evidence that 10
(1) the arrangement is in the best interest of the minor; if the minor has 11
a parent, the court shall give weight to any recommendation of the parent on whether 12
an arrangement is in the best interest of the minor; and 13
(2) one of the following applies: 14
(A) the minor owns money or property requiring management 15
or protection that otherwise cannot be provided; 16
(B) the minor has or may have financial affairs that may be put 17
at unreasonable risk or hindered because of the minor's age; or 18
(C) the arrangement is necessary or desirable to obtain or 19
provide funds or other property needed for the support, care, education, health, 20
or welfare of the minor; and 21
(3) the order under (c) of this section is necessary or desirable to obtain 22
or provide money needed for the support, care, education, health, or welfare of the 23
minor. 24
(c) If the court makes the findings under (a) or (b) of this section, the court, 25
instead of appointing a conservator, may authorize or direct a transaction necessary to 26
protect the financial interest or property of the respondent, including 27
(1) an action to establish eligibility for benefits; 28
(2) the payment, delivery, deposit, or retention of funds or property; 29
(3) the sale, mortgage, lease, or other transfer of property; 30
(4) the purchase of an annuity; 31
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(5) the entry into a contractual relationship, including a contract to 1
provide for personal care, supportive services, education, training, or 2
employment; 3
(6) the addition to or establishment of a trust; 4
(7) the ratification or invalidation of a contract, trust, will, or other 5
transaction, including a transaction related to the property or business affairs of 6
the respondent; or 7
(8) the settlement of a claim. 8
(d) Before issuing an order under (c) of this section, the court shall consider 9
the factors under AS 13.29.240 a conservator must consider when making a decision 10
on behalf of an individual subject to conservatorship. If the respondent is a minor, the 11
court also shall consider the best interest of the minor, the preference of the parents of 12
the minor, and the preference of the minor, if the minor is 12 years of age or older. 13
Sec. 13.29.333. Basis for protective arrangement restricting access to an 14
individual or individual's property. (a) A protective arrangement ordered under this 15
section may 16
(1) make any order under AS 13.29.170; 17
(2) supersede an existing power of attorney; 18
(3) prohibit a person's access to the respondent; or 19
(4) prohibit a person's use of or access to the respondent's property. 20
(b) A person who is allowed to file a petition under AS 13.29.320 may file a 21
petition for an ex parte protective arrangement against another person to restrict the 22
other person's access to the respondent or respondent's property. The court shall ex 23
parte and without notice to the person to be restricted issue an ex parte protective 24
arrangement within the scope of (a) of this section if the court finds probable cause 25
that the person to be restricted is financially defrauding the respondent and that there 26
has been or is an immediate threat of a waste or dissipation of the respondent's funds 27
or other property because of the fraud. 28
(c) An ex parte protective arrangement expires 20 days after the order is 29
issued, unless 30
(1) dissolved earlier by the court at the request of the individual subject 31
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to an ex parte protective arrangement or the restricted person after notice and, if 1
requested, a hearing; or 2
(2) a guardian or conservator is appointed to the individual subject to 3
an ex parte protective arrangement earlier. 4
(d) Upon the filing of a petition with the court before the expiration of an ex 5
parte protective arrangement, the court shall schedule a hearing on whether to convert 6
the ex parte protective arrangement to a protective arrangement instead of 7
guardianship or conservatorship under (e) of this section. The court shall provide the 8
petitioner, respondent, and the person to be restricted at least 10 days' notice of the 9
hearing and notice of the information required under AS 13.29.340(e). 10
(e) After a hearing on a petition under (d) of this section or AS 13.29.065, 11
13.29.160, or 13.29.320(a)(2), (b), or (c), the court shall issue a protective 12
arrangement instead of guardianship or conservatorship within the scope of (a) of this 13
section if the court finds by a preponderance of the evidence that the person to be 14
restricted has committed fraud against the respondent. 15
(f) The petitioner, individual subject to the protective arrangement, or 16
restricted person may request to modify a protective arrangement issued under (b) or 17
(e) of this section. Except as provided in (g) of this section, if a request is made to 18
modify 19
(1) an ex parte protective arrangement, the court shall schedule a 20
hearing on three days' notice or on shorter notice as the court may prescribe; or 21
(2) a protective arrangement instead of guardianship or 22
conservatorship issued under (e) of this section, the court shall schedule a hearing 23
within 20 days after the date the request is made, except that, if the court finds that the 24
request is meritless on its face, the court may deny the request without a hearing. 25
(g) If a request to modify is made under (f) of this section and the request 26
raises an issue not raised in the petition for the protective arrangement, the court may 27
allow a party additional time to respond. 28
(h) If the court modifies a protective arrangement under (f) of this section, the 29
court shall issue a modified protective arrangement and make reasonable efforts to 30
ensure that the order is understood by the petitioner, individual subject to the 31
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protective arrangement, or restricted person. 1
(i) The court shall cause a copy of a protective arrangement issued under (b) 2
or (e) of this section and any related orders to be delivered to the appropriate local law 3
enforcement agency for expedited entry in the central registry under AS 18.65.540. 4
(j) A protective arrangement issued under (b) or (e) of this section against a 5
restricted person is in addition to any other civil or criminal remedy. 6
(k) A third party that has received actual or legal notice of a protective 7
arrangement issued under (b) or (e) of this section shall comply with the order. A third 8
party who does not comply with the protective arrangement may be liable in a civil 9
action to the individual subject to the protective arrangement or individual subject to 10
the protective arrangement's heirs, assigns, or estate for a civil penalty not to exceed 11
$1,000, plus the actual damages, costs, and fees associated with the failure to comply 12
with the protective arrangement. A third party who does not comply with the 13
protective arrangement may also be criminally liable under AS 11.56.740 for violating 14
a protective order. In this subsection, "actual or legal notice" means delivery by mail 15
or facsimile at the most recently known place of residence or business of the third 16
party. 17
(l) The Alaska Court System, after consulting with the Department of Health, 18
the office of public advocacy, the office of elder fraud and assistance, the long term 19
care ombudsman, and other interested persons and organizations, shall prepare forms 20
for petitions and protective arrangements and instructions for use of the forms by a 21
person seeking a protective arrangement under (b) or (e) of this section or to modify a 22
protective arrangement under (f) of this section. The forms must conform to the 23
Alaska Rules of Probate Procedure and Alaska Rules of Civil Procedure, except that 24
information on the forms may be filled in by legible handwriting. The office of the 25
clerk of each superior and district court shall make available to the public the forms 26
and instructions for the use of the forms prepared under this subsection. The clerk 27
shall provide assistance in completing and filing the forms. 28
(m) Filing fees may not be charged for a petition that requests the issuance of 29
a protective arrangement under (b) or (e) of this section or that requests to modify the 30
protective arrangement under (f) of this section. 31
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(n) In this section, 1
(1) "fraud" means 2
(A) robbery, extortion, and coercion under AS 11.41.500 - 3
11.41.530; 4
(B) offenses against property under AS 11.46.100 - 11.46.740; 5
or 6
(C) exploitation of another person or another person's resources 7
for personal profit or advantage if no significant benefit accrues to the person 8
who is exploited; 9
(2) "individual subject to an ex parte protective arrangement" means an 10
adult or minor for whose benefit an ex parte protective arrangement has been ordered; 11
(3) "restricted person" means a person restricted from accessing an 12
individual or individual's property by a protective arrangement issued under (b) or (e) 13
of this section. 14
Sec. 13.29.335. Petition for protective arrangement. A petition for an ex 15
parte protective arrangement or protective arrangement instead of guardianship or 16
conservatorship must state the petitioner's name, principal residence, current street 17
address, if different, relationship to the respondent, interest in the protective 18
arrangement, the name and address of any attorney representing the petitioner, and, to 19
the extent known, the following: 20
(1) the respondent's name, age, principal residence, current street 21
address, if different, and, if different, address of the dwelling in which it is proposed 22
the respondent will reside if the petition is granted; 23
(2) the name and address of the respondent's 24
(A) spouse or, if the respondent has none, an adult with whom 25
the respondent has shared household responsibilities for more than six months 26
in the 12-month period before the filing of the petition; 27
(B) adult children or, if none, each parent and adult sibling of 28
the respondent, or, if none, at least one adult nearest in kinship to the 29
respondent who can be found with reasonable diligence; and 30
(C) adult stepchildren whom the respondent actively parented 31
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during the minor years of the stepchildren and with whom the respondent had 1
an ongoing relationship in the two-year period immediately before the filing of 2
the petition; 3
(3) the name and current address of each of the following, if 4
applicable: 5
(A) a person responsible for the care or custody of the 6
respondent; 7
(B) any attorney currently representing the respondent; 8
(C) the representative payee appointed by the United States 9
Social Security Administration for the respondent; 10
(D) a guardian or conservator acting for the respondent in this 11
state or another jurisdiction; 12
(E) a trustee or custodian of a trust or custodianship of which 13
the respondent is a beneficiary; 14
(F) the fiduciary appointed for the respondent by the United 15
States Department of Veterans Affairs; 16
(G) an agent designated under a durable power of attorney for 17
health care under AS 13.52 in which the respondent is identified as the 18
principal; 19
(H) an agent designated under a power of attorney under 20
AS 13.26 in which the respondent is identified as the principal; 21
(I) a person nominated as guardian or conservator by the 22
respondent if the respondent is 12 years of age or older; 23
(J) a person nominated as guardian by the parent or spouse of 24
the respondent in a will or other signed record; 25
(K) a person known to have routinely assisted the respondent 26
with decision making in the six-month period immediately before the filing of 27
the petition; and 28
(L) if the respondent is a minor, 29
(i) an adult not otherwise listed with whom the 30
respondent resides; and 31
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(ii) each person not otherwise listed that had primary 1
care or custody of the respondent for at least 60 days during the two 2
years immediately before the filing of the petition or for at least 730 3
days during the five years immediately before the filing of the petition; 4
(4) the nature of the protective arrangement sought; 5
(5) the reason the protective arrangement sought is necessary, 6
including a brief description of 7
(A) the nature and extent of the alleged need of the respondent; 8
(B) any less restrictive alternative for meeting the alleged need 9
of the respondent which has been considered or implemented; 10
(C) if no less restrictive alternative has been considered or 11
implemented, the reason less restrictive alternatives have not been considered 12
or implemented; and 13
(D) the reason other less restrictive alternatives are insufficient 14
to meet the alleged need of the respondent; 15
(6) if an ex parte protective arrangement or protective arrangement 16
instead of guardianship or conservatorship under AS 13.29.333 is sought, the name 17
and current address, if known, of any person with whom the petitioner seeks to restrict 18
access to the respondent or respondent's property; 19
(7) whether the respondent needs an interpreter, translator, or other 20
form of support to communicate effectively with the court or understand court 21
proceedings; 22
(8) if a protective arrangement instead of guardianship is sought and 23
the respondent has property other than personal effects, a general statement of the 24
respondent's property with an estimate of its value, including any insurance or 25
pension, and the source and amount of any other anticipated income or receipts; and 26
(9) if a protective arrangement instead of conservatorship is sought, a 27
general statement of the respondent's property with an estimate of its value, including 28
any insurance or pension, and the source and amount of other anticipated income or 29
receipts. 30
Sec. 13.29.340. Notice and hearing. (a) On filing of a petition under 31
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AS 13.29.320 or 13.29.333, the court shall set a date, time, and place for a hearing on 1
the petition. 2
(b) A copy of a petition under AS 13.29.320 or 13.29.333 and notice of a 3
hearing on the petition must be served on the respondent. The notice must inform the 4
respondent of the respondent's rights at the hearing, including the right to an attorney 5
and to attend the hearing. The notice must include a description of the nature, purpose, 6
and consequences of granting the petition. The court may not grant the petition if 7
notice substantially complying with this subsection is not served on the respondent, 8
unless service would cause an immediate threat of harm to the best interests of the 9
respondent and the petition includes a written explanation of the harm. 10
(c) In a proceeding on a petition under AS 13.29.320 or 13.29.333, the notice 11
required under (b) of this section must be given to the persons required to be listed in 12
the petition under AS 13.29.335(1) - (3) and any other person interested in the welfare 13
of the respondent the court determines. Failure to give notice under this subsection 14
does not preclude the court from granting the petition. 15
(d) In a proceeding for a protective arrangement instead of guardianship or 16
conservatorship under AS 13.29.333(e), the notice required under (b) of this section 17
must be given to each person whose access to the respondent or respondent's property 18
the petitioner seeks to restrict. The court may not grant the petition if notice 19
substantially complying with this subsection is not served on each person. 20
(e) After the court has ordered a protective arrangement under AS 13.29.320 - 21
13.29.375, notice of a hearing on a petition filed under this chapter, together with a 22
copy of the petition, must be given to the respondent and any other person the court 23
determines. 24
Sec. 13.29.345. Appointment and role of visitor. (a) On filing of a petition 25
under AS 13.29.320 or 13.29.333 for a protective arrangement instead of 26
guardianship, the court shall appoint a visitor. The visitor must be an individual with 27
training or experience in the type of abilities, limitations, and needs alleged in the 28
petition. 29
(b) On filing of a petition under AS 13.29.320 or 13.29.333 for a protective 30
arrangement instead of conservatorship for a minor, the court may appoint a visitor to 31
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investigate a matter related to the petition or inform the minor or a parent of the minor 1
about the petition or a related matter. 2
(c) On filing of a petition under AS 13.29.320 or 13.29.333 for a protective 3
arrangement instead of conservatorship for an adult, the court shall appoint a visitor. 4
The visitor must be an individual with training or experience in the types of abilities, 5
limitations, and needs alleged in the petition. 6
(d) A visitor appointed under (a) or (c) of this section shall interview the 7
respondent in person and, in a manner the respondent is best able to understand, 8
(1) explain to the respondent the substance of the petition, the nature, 9
purpose, and effect of the proceeding, and the rights of the respondent at the hearing 10
on the petition; 11
(2) determine the views of the respondent with respect to the order 12
sought; 13
(3) inform the respondent of the respondent's right to employ and 14
consult with an attorney at the respondent's expense and the right to request a court-15
appointed attorney; 16
(4) inform the respondent that all costs and expenses of the proceeding, 17
including respondent's attorney fees, may be paid from the respondent's assets; 18
(5) if the petitioner seeks an order related to the dwelling of the 19
respondent, visit the respondent's present dwelling and any dwelling in which it is 20
reasonably believed the respondent will live if the order is granted; 21
(6) if a protective arrangement instead of guardianship is sought, 22
obtain information from any physician or other person known to have treated, advised, 23
or assessed the respondent's relevant physical or mental condition; 24
(7) if a protective arrangement instead of conservatorship is sought, 25
review financial records of the respondent, if relevant to the visitor's recommendation 26
under (e)(3) of this section; and 27
(8) investigate the allegations in the petition and any other matter 28
relating to the petition the court directs. 29
(e) A visitor under this section shall promptly file a report in a record with the 30
court, which must include 31
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(1) a recommendation whether an attorney should be appointed to 1
represent the respondent; 2
(2) to the extent relevant to the order sought, a summary of self-care, 3
independent-living tasks, and financial management tasks the respondent 4
(A) can manage without assistance or with existing supports; 5
(B) could manage with the assistance of appropriate supportive 6
services, technological assistance, or supported decision making; and 7
(C) cannot manage; 8
(3) a recommendation regarding the appropriateness of the protective 9
arrangement sought and whether a less restrictive alternative for meeting the needs of 10
the respondent is available; 11
(4) if the petition seeks to change the physical location of the dwelling 12
of the respondent, a statement whether the proposed dwelling meets the needs of the 13
respondent and whether the respondent has expressed a preference as to the 14
respondent's dwelling; 15
(5) a recommendation whether a professional evaluation under 16
AS 13.29.355 is necessary; 17
(6) a statement whether the respondent is able to attend a hearing at the 18
location where court proceedings typically are held; 19
(7) a statement whether the respondent is able to participate in a 20
hearing and which identifies any technology or other form of support that would 21
enhance the respondent's ability to participate; and 22
(8) any other matter the court directs. 23
Sec. 13.29.350. Appointment and role of attorney. (a) A respondent who is 24
the subject of a proceeding under AS 13.29.320 - 13.29.375 is entitled to be 25
represented by an attorney in the proceeding. The court shall appoint an attorney to 26
represent the respondent in the proceeding if the respondent has not retained an 27
attorney and 28
(1) the respondent requests the appointment; 29
(2) the visitor recommends the appointment; or 30
(3) the court determines the respondent needs representation. 31
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(b) If a respondent who meets the conditions for appointment under (a) of this 1
section is financially unable to employ an attorney, the court shall appoint the office of 2
public advocacy to represent the respondent in the proceeding. 3
(c) An attorney representing the respondent in a proceeding under 4
AS 13.29.320 - 13.29.375 shall 5
(1) make reasonable efforts to ascertain the wishes of the respondent; 6
(2) advocate for the wishes of the respondent to the extent reasonably 7
ascertainable; and 8
(3) if the wishes of the respondent are not reasonably ascertainable, 9
advocate for the result that is the least restrictive alternative in type, duration, and 10
scope, consistent with the interests of the respondent. 11
Sec. 13.29.355. Professional evaluation. (a) At or before a hearing on a 12
petition under AS 13.29.320 - 13.29.375 for a protective arrangement, the court shall 13
order a professional evaluation of the respondent 14
(1) if the respondent requests the evaluation; or 15
(2) in other cases, unless the court finds that it has sufficient 16
information to determine the needs and abilities of the respondent without the 17
evaluation. 18
(b) If the court orders an evaluation under (a) of this section, the respondent 19
must be examined by a licensed physician, psychologist, social worker, or other 20
individual appointed by the court who is qualified to evaluate the respondent's alleged 21
cognitive and functional abilities and limitations and does not have a conflict of 22
interest. The individual conducting the evaluation shall promptly file a report in a 23
record with the court. Unless otherwise directed by the court, the report must contain 24
(1) a description of the nature, type, and extent of the respondent's 25
cognitive and functional abilities and limitations; 26
(2) an evaluation of the respondent's mental and physical condition 27
and, if appropriate, educational potential, adaptive behavior, and social skills; 28
(3) a prognosis for improvement, including with regard to the ability to 29
manage the property and financial affairs of the respondent if a limitation in that 30
ability is alleged, and recommendation for the appropriate treatment, support, or 31
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habilitation plan; and 1
(4) the date of the examination on which the report is based. 2
(c) The respondent may decline to participate in an evaluation ordered under 3
(a) of this section. 4
Sec. 13.29.360. Attendance and rights at hearing. (a) Except as otherwise 5
provided in (b) of this section, a hearing under AS 13.29.320 - 13.29.375 may not 6
proceed unless the respondent attends the hearing. If it is not reasonably feasible for 7
the respondent to attend a hearing at the location where court proceedings typically are 8
held, the court shall make reasonable efforts to hold the hearing at an alternative 9
location convenient to the respondent or allow the respondent to attend the hearing 10
using real-time audiovisual technology. 11
(b) A hearing under AS 13.29.320 - 13.29.375 may proceed without the 12
respondent in attendance if the court finds by clear and convincing evidence that 13
(1) the respondent consistently and repeatedly has refused to attend the 14
hearing after having been fully informed of the right to attend and the potential 15
consequences of failing to do so; 16
(2) there is no practicable way for the respondent to attend and 17
participate in the hearing even with appropriate supportive services and technological 18
assistance; 19
(3) the respondent is a minor who has received proper notice and 20
attendance would be harmful to the minor; or 21
(4) the respondent is not in attendance because notice was not served 22
under AS 13.29.340(b) and service would have caused an immediate threat of harm to 23
the best interests of the respondent. 24
(c) The respondent has a right to choose an attorney to represent the 25
respondent at a hearing under AS 13.29.320 - 13.29.375. 26
(d) At a hearing under AS 13.29.320 - 13.29.375, the respondent may 27
(1) present evidence and subpoena witnesses and documents; 28
(2) examine witnesses, including any court-appointed evaluator and 29
the visitor; and 30
(3) otherwise participate in the hearing. 31
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(e) A hearing under AS 13.29.320 - 13.29.375 must be closed on request of 1
the respondent and a showing of good cause. 2
(f) Any person may request to participate in a hearing under AS 13.29.320 - 3
13.29.375. The court may grant the request, with or without a hearing, on determining 4
that the best interest of the respondent will be served. The court may impose 5
appropriate conditions on the person's participation. 6
Sec. 13.29.365. Notice of order. The court shall give notice of an order under 7
AS 13.29.320 - 13.29.375 to the individual who is subject to the protective 8
arrangement under AS 13.29.320 - 13.29.375, a person whose access to the individual 9
or individual's property is restricted by the order, and any other person the court 10
determines. 11
Sec. 13.29.370. Confidentiality of records. (a) The existence of a proceeding 12
for or the existence of a protective arrangement under AS 13.29.320 - 13.29.375 is a 13
matter of public record unless the court seals the record after 14
(1) the respondent, the individual subject to the protective 15
arrangement, or the parent of a minor subject to the protective arrangement requests 16
that the record be sealed; and 17
(2) one of the following occurs: 18
(A) the proceeding is dismissed; 19
(B) the protective arrangement is no longer in effect; or 20
(C) an act authorized by the order granting the protective 21
arrangement has been completed. 22
(b) A respondent, an individual subject to a protective arrangement under 23
AS 13.29.320 - 13.29.375, an attorney designated by the respondent or individual, a 24
parent of a minor subject to a protective arrangement, and any other person the court 25
determines are entitled to access court records of the proceeding and resulting 26
protective arrangement. A person not otherwise entitled to access court records under 27
this subsection for good cause may petition the court for access. The court shall grant 28
access if access is in the best interest of the respondent or individual subject to the 29
protective arrangement or furthers the public interest and does not endanger the 30
welfare or financial interests of the respondent or individual. 31
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(c) A report of a visitor or professional evaluation generated in the course of a 1
proceeding under AS 13.29.320 - 13.29.375 must be sealed on filing but is available to 2
(1) the court; 3
(2) the individual who is the subject of the report or evaluation, 4
without limitation as to use; 5
(3) the petitioner, visitor, and petitioner's and respondent's attorneys, 6
for purposes of the proceeding; 7
(4) unless the court orders otherwise, an agent appointed under a 8
power of attorney under AS 13.26 in which the respondent is the principal; 9
(5) if the order is for a protective arrangement instead of guardianship 10
and unless the court orders otherwise, an agent appointed under a durable power of 11
attorney for health care under AS 13.52 in which the respondent is identified as the 12
principal; and 13
(6) any other person if it is in the public interest or for a purpose the 14
court orders for good cause. 15
Sec. 13.29.375. Appointment of master. The court may appoint a master to 16
assist in implementing a protective arrangement under AS 13.29.320 - 13.29.375. The 17
master has the authority conferred by the order of appointment and serves until 18
discharged by court order. 19
Article 5. Forms. 20
Sec. 13.29.380. Use of forms. Use of the forms contained in AS 13.29.380 - 21
13.29.395 is optional. Failure to use these forms does not prejudice any party. 22
Sec. 13.29.385. Petition for guardianship for minor. This form may be used 23
to petition for guardianship for a minor. 24
Petition for Guardianship for Minor 25
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT 26
_____________________________________________________________ 27
Name and address of attorney representing Petitioner, if applicable: 28
_______________________________________________________________ 29
NOTE TO PETITIONER: This form can be used to petition for a guardian for 30
a minor. A court may appoint a guardian for a minor who does not have a 31
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guardian if the court finds the appointment is in the best interest of the minor, 1
and (1) the parents consent after being fully informed of the nature and 2
consequences of guardianship; (2) all parental rights have been terminated; or 3
(3) the court finds by clear and convincing evidence that the parents are 4
unwilling or unable to exercise their parental rights. 5
(1) INFORMATION ABOUT THE PERSON FILING THIS 6
PETITION (THE "PETITIONER"). 7
a. Name: _______________________________________________ 8
b. Principal residence: ____________________________________ 9
c. Current street address (if different): ________________________ 10
d. Relationship to minor: __________________________________ 11
e. Interest in this petition: __________________________________ 12
f. Telephone number (optional): _____________________________ 13
g. Email address (optional): ________________________________ 14
(2) INFORMATION ABOUT THE MINOR ALLEGED TO 15
NEED A GUARDIAN. 16
Provide the following information to the extent known: 17
a. Name: ______________________________________________ 18
b. Age: _______________________________________________ 19
c. Principal residence: ___________________________________ 20
d. Current street address (if different): _______________________ 21
e. If Petitioner anticipates the minor moving, or seeks to move the minor, 22
proposed new address: ____________________________________ 23
f. Does the minor need an interpreter, translator, or other form of support to 24
communicate with the court or understand court proceedings? If so, please 25
explain. ________________________________________________ 26
g. Telephone number (optional): ____________________________ 27
h. Email address (optional): ________________________________ 28
(3) INFORMATION ABOUT THE MINOR'S PARENT(S). 29
a. Name(s) of living parent(s): _____________________________________ 30
b. Current street address(es) of living parent(s): _______________________ 31
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c. Does any parent need an interpreter, translator, or other form of support to 1
communicate with the court or understand court proceedings? If so, please 2
explain. _______________________________________________________ 3
(4) PEOPLE WHO ARE REQUIRED TO BE NOTIFIED OF 4
THIS PETITION. State the name and current address of the people listed in 5
Appendix A. 6
(5) APPOINTMENT REQUESTED. State the name and 7
address of any proposed guardian and the reason the proposed guardian should 8
be selected. 9
(6) STATE WHY PETITIONER SEEKS THE 10
APPOINTMENT. Include a description of the nature and extent of the minor's 11
alleged need. 12
(7) PROPERTY. If the minor has property other than personal 13
effects, state the minor's property with an estimate of its value. 14
(8) OTHER PROCEEDINGS. If there are any other 15
proceedings concerning the care or custody of the minor currently pending in 16
any court in this state or another jurisdiction, please describe them. 17
(9) ATTORNEY(S). If the minor or the minor's parent is 18
represented by an attorney in this matter, state the name, [telephone number, 19
email address,] and address of the attorney(s). 20
SIGNATURE 21
_________________________________ _______________ 22
Signature of Petitioner Date 23
24
______________________________ _______________ 25
Signature of Petitioner's Attorney if Date 26
Petitioner is Represented by Counsel 27
APPENDIX A: 28
People whose name and address must be listed in Section 4 of this petition if 29
they are not the Petitioner. 30
(1) The minor, if the minor is 12 years of age or older. 31
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(2) Each parent of the minor or, if there are none, the adult nearest in 1
kinship that can be found. 2
(3) An adult with whom the minor resides. 3
(4) Each person that had primary care or custody of the minor for at 4
least 60 days during the two years immediately before the filing of the petition or for 5
at least 730 days during the five years immediately before the filing of the petition. 6
(5) If the minor is 12 years of age or older, any person nominated as 7
guardian by the minor. 8
(6) Any person nominated as guardian by a parent of the minor. 9
(7) The grandparents of the minor. 10
(8) Adult siblings of the minor. 11
(9) Any current guardian or conservator for the minor appointed in this 12
state or another jurisdiction. 13
Sec. 13.29.390. Petition for guardianship, conservatorship, or protective 14
arrangement. This form may be used to petition for 15
(1) guardianship for an adult; 16
(2) conservatorship for an adult or minor; 17
(3) a protective arrangement instead of guardianship for an adult; or 18
(4) a protective arrangement instead of conservatorship for an adult or 19
minor. 20
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT 21
______________________________________________________________ 22
Name and address of attorney representing Petitioner, if 23
applicable:_____________________________________________________ 24
NOTE TO PETITIONER: This form can be used to petition for a 25
guardian, conservator, or both, or for a protective arrangement instead of either 26
a guardianship or conservatorship. This form should not be used to petition for 27
guardianship for a minor. 28
The court may appoint a guardian or order a protective arrangement 29
instead of guardianship for an adult if (1) the adult lacks the ability to meet 30
essential requirements for physical health, safety, or self-care because the adult 31
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is unable to receive and evaluate information or make or communicate 1
decisions even with the use of supportive services, technological assistance, 2
and supported decision-making; and (2) the adult's identified needs cannot be 3
met by a less restrictive alternative. 4
The court may appoint a conservator or order a protective arrangement 5
instead of conservatorship for an adult if (1) the adult is unable to manage 6
property and financial affairs because of a limitation in the ability to receive 7
and evaluate information or make or communicate decisions even with the use 8
of supportive services, technological assistance, and supported decision-9
making or the adult is missing, detained, or unable to return to the United 10
States; and (2) appointment is necessary to avoid harm to the adult or 11
significant dissipation of the property of the adult, or to obtain or provide funds 12
or other property needed for the support, care, education, health, or welfare of 13
the adult, or of an individual who is entitled to the adult's support, and 14
protection is necessary or desirable to provide funds or other property for that 15
purpose. 16
The court may appoint a conservator or order a protective arrangement 17
instead of conservatorship for a minor if (1) the minor owns funds or other 18
property requiring management or protection that cannot otherwise be 19
provided; or (2) it would be in the best interest of the minor, and the minor has 20
or may have financial affairs that may be put at unreasonable risk or hindered 21
because of the minor's age, or appointment is necessary or desirable to provide 22
funds or other property needed for the support, care, education, health, or 23
welfare of the minor. 24
The court may also order a protective arrangement instead of 25
conservatorship that restricts access to an individual or an individual's property 26
by a person if the court finds that the person has committed fraud against the 27
individual. 28
(1) INFORMATION ABOUT THE PERSON FILING THIS 29
PETITION (THE "PETITIONER"). 30
a. Name: _________________________________________________________ 31
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b. Principal residence: _______________________________________________ 1
c. Current street address (if different): __________________________________ 2
d. Relationship to Respondent: ________________________________________ 3
e. Interest in this petition: ____________________________________________ 4
f. Telephone number (optional): _______________________________________ 5
g. Email address (optional): __________________________________________ 6
(2) INFORMATION ABOUT THE INDIVIDUAL ALLEGED 7
TO NEED PROTECTION (THE "RESPONDENT"). 8
Provide the following information to the extent known. 9
a. Name: _________________________________________________________ 10
b. Age: __________________________________________________________ 11
c. Principal residence: ______________________________________________ 12
d. Current street address (if different): __________________________________ 13
e. If Petitioner anticipates Respondent moving, or seeks to move Respondent, 14
proposed new address: ____________________________________________ 15
f. Does Respondent need an interpreter, translator, or other form of support to 16
communicate with the court or understand court proceedings? If so, please 17
explain. ________________________________________________________ 18
g. Telephone number (optional): ____________________________________ 19
h. Email address (optional): _______________________________________ 20
(3) PEOPLE WHO ARE REQUIRED TO BE NOTIFIED OF 21
THIS PETITION. State the name and address of the people listed in Appendix 22
A. 23
(4) EXISTING AGENTS. State the name and address of any 24
person appointed as an agent under a power of attorney under AS 13.26 or 25
durable power of attorney for health care under AS 13.52, or who has been 26
appointed as the individual's representative for payment of benefits. 27
(5) ACTION REQUESTED. State whether Petitioner is 28
seeking appointment of a guardian, a conservator, or a protective arrangement 29
instead of an appointment. 30
(6) ORDER REQUESTED OR APPOINTMENT 31
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REQUESTED. If seeking a protective arrangement instead of a guardianship 1
or conservatorship, state the transaction or other action you want the court to 2
order. If seeking appointment of a guardian or conservator, state the powers 3
Petitioner requests the court grant to a guardian or conservator. 4
(7) STATE WHY THE APPOINTMENT OR PROTECTIVE 5
ARRANGEMENT SOUGHT IS NECESSARY. Include a description of the 6
nature and extent of Respondent's alleged need. 7
(8) STATE ALL LESS RESTRICTIVE ALTERNATIVES TO 8
MEETING RESPONDENT'S ALLEGED NEED THAT HAVE BEEN 9
CONSIDERED OR IMPLEMENTED. Less restrictive alternatives could 10
include supported decision-making, technological assistance, or the 11
appointment of an agent by Respondent, including appointment under a power 12
of attorney under AS 13.26 or durable power of attorney for health care under 13
AS 13.52. If no alternative has been considered or implemented, state the 14
reason why. 15
(9) EXPLAIN WHY LESS RESTRICTIVE ALTERNATIVES 16
WILL NOT MEET RESPONDENT'S ALLEGED NEED. 17
(10) PROVIDE A GENERAL STATEMENT OF 18
RESPONDENT'S PROPERTY AND AN ESTIMATE OF ITS VALUE. 19
Include any real property such as a house or land, insurance or pension, and the 20
source and amount of any other anticipated income or receipts. As part of this 21
statement, indicate, if known, how the property is titled (for example, is it 22
jointly owned?). 23
(11) FOR A PETITION SEEKING APPOINTMENT OF A 24
CONSERVATOR. (Skip this section if not asking for appointment of a 25
conservator.) 26
a. If seeking appointment of a conservator with all powers permissible under 27
this state's law, explain why appointment of a conservator with fewer powers 28
(i.e., a "limited conservatorship") or other protective arrangement instead of 29
conservatorship will not meet the individual's alleged needs. 30
b. If seeking a limited conservatorship, state the property Petitioner requests 31
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be placed under the conservator's control and any proposed limitation on the 1
conservator's powers and duties. 2
c. State the name and address of any proposed conservator and the reason the 3
proposed conservator should be selected. 4
d. If Respondent is 12 years of age or older, state the name and address of any 5
person Respondent nominates as conservator. 6
e. If alleging a limitation in Respondent's ability to receive and evaluate 7
information, provide a brief description of the nature and extent of 8
Respondent's alleged limitation. 9
f. If alleging that Respondent is missing, detained, or unable to return to the 10
United States, state the relevant circumstances, including the time and nature 11
of the disappearance or detention and a description of any search or inquiry 12
concerning the Respondent's whereabouts. 13
(12) FOR A PETITION SEEKING APPOINTMENT OF A 14
GUARDIAN. (Skip this section if not asking for appointment of a guardian.) 15
a. If seeking appointment of a guardian with all powers permissible under this 16
state's law, explain why appointment of a guardian with fewer powers (i.e., a 17
"limited guardianship") or other protective arrangement instead of 18
guardianship will not meet the individual's alleged needs. 19
b. If seeking a limited guardianship, state the powers Petitioner requests be 20
granted to the guardian. 21
c. State the name and address of any proposed guardian and the reason the 22
proposed guardian should be selected. 23
d. State the name and address of any person nominated as guardian by 24
Respondent, or, in a will or other signed writing or other record, by 25
Respondent's parent or spouse. 26
(13) ATTORNEY. If Petitioner, Respondent, or, if Respondent 27
is a minor, Respondent's parent is represented by an attorney in this matter, 28
state the name, telephone number, email address, and address of the 29
attorney(s). 30
SIGNATURE 31
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_________________________________ _______________ 1
Signature of Petitioner Date 2
3
______________________________ _______________ 4
Signature of Petitioner's Attorney if Date 5
Petitioner is Represented by Counsel 6
APPENDIX A: 7
People whose name and address must be listed in Section 3 of this petition, if 8
they are not the Petitioner. 9
(1) Respondent's spouse or if Respondent has none, any adult with 10
whom Respondent has shared household responsibilities in the past six months. 11
(2) Respondent's adult children, or, if Respondent has none, 12
Respondent's parents and adult siblings, or if Respondent has none, one or more adults 13
nearest in kinship to Respondent who can be found with reasonable diligence. 14
(3) Respondent's adult stepchildren whom Respondent actively 15
parented during the stepchildren's minor years and with whom Respondent had an 16
ongoing relationship within two years of this petition. 17
(4) Any person responsible for the care or custody of Respondent. 18
(5) Any attorney currently representing Respondent. 19
(6) Any representative payee for Respondent appointed by the United 20
States Social Security Administration. 21
(7) Any current guardian or conservator for Respondent appointed in 22
this state or another jurisdiction. 23
(8) Any trustee or custodian of a trust or custodianship of which 24
Respondent is a beneficiary. 25
(9) Any fiduciary for Respondent appointed by the United States 26
Department of Veterans Affairs. 27
(10) Any person Respondent has designated as agent under a power of 28
attorney under AS 13.26. 29
(11) Any person Respondent has designated as agent under a durable 30
power of attorney for health care under AS 13.52. 31
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(12) Any person known to have routinely assisted the individual with 1
decision making in the previous six months. 2
(13) Any person Respondent nominates as guardian or conservator. 3
(14) Any person nominated as guardian by Respondent's parent or 4
spouse in a will or other signed writing or other record. 5
Sec. 13.29.395. Notification of rights for adult subject to guardianship or 6
conservatorship. This form may be used to notify an adult subject to guardianship or 7
conservatorship of the adult's rights under AS 13.29.110 and 13.29.210. 8
NOTIFICATION OF RIGHTS 9
You are getting this notice because a guardian, conservator, or both have been 10
appointed for you. It tells you about some important rights you have. It does 11
not tell you about all your rights. If you have questions about your rights, you 12
can ask an attorney or another person, including your guardian or conservator, 13
to help you understand your rights. 14
GENERAL RIGHTS: You have the right to exercise any right the court 15
has not given to your guardian or conservator. You also have the right to ask 16
the court to 17
(1) end your guardianship, conservatorship, or both; 18
(2) increase or decrease the powers granted to your guardian, 19
conservator, or both; 20
(3) make other changes that affect what your guardian or 21
conservator can do or how they do it; and 22
(4) replace the person that was appointed with someone else. 23
You also have a right to hire an attorney to help you do any of these things. 24
ADDITIONAL RIGHTS FOR PERSONS FOR WHOM A 25
GUARDIAN HAS BEEN APPOINTED: As an adult subject to guardianship, 26
you have a right to 27
(1) be involved in decisions affecting you, including decisions 28
about your care, where you live, your activities, and your social interactions, to 29
the extent reasonably feasible; 30
(2) be involved in decisions about your health care to the extent 31
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reasonably feasible, and to have other people help you understand the risks and 1
benefits of health care options; 2
(3) be notified at least 14 days in advance of a change in where 3
you live or a permanent move to a nursing home, mental health facility, or 4
other facility that places restrictions on your ability to leave or have visitors, 5
unless the guardian has proposed this change in the guardian's plan or the court 6
has expressly authorized it; 7
(4) ask the court to prevent your guardian from changing where 8
you live or selling or surrendering your primary dwelling by objecting to such 9
a move in compliance with AS 13.29.125; 10
(5) vote and get married unless the court order appointing your 11
guardian states that you cannot do so; 12
(6) receive a copy of your guardian's report and your guardian's 13
plan; and 14
(7) communicate, visit, or interact with other people (this 15
includes the right to have visitors, to make and receive telephone calls, 16
personal mail, or electronic communications) unless 17
(A) your guardian has been authorized by the court by 18
specific order to restrict these communications, visits, or interactions; 19
(B) a protective order is in effect that limits contact 20
between you and other people; or 21
(C) your guardian has good cause to believe the 22
restriction is needed to protect you from significant physical, 23
psychological, or financial harm and the restriction is for not more than 24
seven business days if the person has a family or pre-existing social 25
relationship with you or not more than 60 days if the person does not 26
have that kind of relationship with you. 27
ADDITIONAL RIGHTS FOR PERSONS FOR WHOM A 28
CONSERVATOR HAS BEEN APPOINTED: As an adult subject to 29
conservatorship, you have a right to 30
(1) participate in decisions about how your property is 31
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managed to the extent feasible; and 1
(2) receive a copy of your conservator's inventory, report, and 2
plan. 3
Article 6. Miscellaneous Provisions. 4
Sec. 13.29.400. Uniformity of application and construction. In applying and 5
construing this chapter, consideration must be given to the need to promote uniformity 6
of the law with respect to its subject matter among states that enact it. 7
Sec. 13.29.405. Relation to Electronic Signatures in Global and National 8
Commerce Act. This chapter modifies, limits, or supersedes 15 U.S.C. 7001 - 7031 9
(Electronic Signatures in Global and National Commerce Act), but does not modify, 10
limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the 11
notices described in 15 U.S.C. 7003(b). 12
Article 7. General Provisions. 13
Sec. 13.29.410. Supplemental principles of law and equity applicable. 14
Unless displaced by a particular provision of this chapter, the principles of law and 15
equity supplement its provisions. 16
Sec. 13.29.415. Subject matter jurisdiction. (a) Except to the extent 17
jurisdiction is precluded by AS 25.30 (Uniform Child Custody Jurisdiction and 18
Enforcement Act), a court of this state has jurisdiction over a guardianship for a minor 19
domiciled or present in this state. The court has jurisdiction over a conservatorship or 20
protective arrangement instead of conservatorship for a minor domiciled or having 21
property in this state. 22
(b) A court of this state has jurisdiction over a guardianship, conservatorship, 23
or protective arrangement under AS 13.29.320 - 13.29.375 for an adult as provided in 24
AS 13.27 (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act). 25
(c) After notice is given in a proceeding for a guardianship, conservatorship, 26
or protective arrangement under AS 13.29.320 - 13.29.375 and until termination of the 27
proceeding, the court in which the petition is filed has 28
(1) exclusive jurisdiction to determine the need for the guardianship, 29
conservatorship, or protective arrangement; 30
(2) exclusive jurisdiction to determine how property of the respondent 31
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must be managed, expended, or distributed to or for the use of the respondent, an 1
individual who is dependent in fact on the respondent, or other claimant; 2
(3) nonexclusive jurisdiction to determine the validity of a claim 3
against the respondent or property of the respondent or a question of title concerning 4
the property; and 5
(4) if a guardian or conservator is appointed, exclusive jurisdiction 6
over issues related to administration of the guardianship or conservatorship. 7
(d) A court that appoints a guardian or conservator or authorizes a protective 8
arrangement under AS 13.29.320 - 13.29.375 has exclusive and continuing jurisdiction 9
over the proceeding until the court terminates the proceeding or the appointment or 10
protective arrangement expires by its terms. 11
Sec. 13.29.420. Transfer of proceedings. (a) This section does not apply to a 12
guardianship or conservatorship for an adult that is subject to the transfer provisions 13
under AS 13.27.200 or 13.27.210. 14
(b) After appointment of a guardian or conservator, the court that made the 15
appointment may transfer the proceeding to another court in the same judicial district, 16
another judicial district in this state, or another state if a transfer is in the best interest 17
of the individual subject to the guardianship or conservatorship. 18
(c) If a proceeding for a guardianship or conservatorship is pending in another 19
state or a foreign country and a petition for guardianship or conservatorship for the 20
same individual is filed in a court in this state, the court shall notify the court in the 21
other state or foreign country and, after consultation with that court, assume or decline 22
jurisdiction, whichever is in the best interest of the respondent. 23
(d) A guardian or conservator appointed in another state or country may 24
petition the court for appointment as a guardian or conservator in this state for the 25
same individual if jurisdiction in this state is or will be established. The appointment 26
may be made on proof of appointment in the other state or foreign country and 27
presentation of a certified copy of the part of the court record in the other state or 28
country specified by the court in this state. 29
(e) Notice of hearing on a petition under (d) of this section, together with a 30
copy of the petition, must be given to the respondent, if the respondent is at least 12 31
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years of age at the time of the hearing, and to the persons that would be entitled to 1
notice if the procedures for appointment of a guardian or conservator under this 2
chapter were applicable. The court shall make the appointment unless the court 3
determines the appointment would not be in the best interest of the respondent. 4
(f) Not later than 14 days after appointment under (e) of this section, the 5
guardian or conservator shall give a copy of the order of appointment to the individual 6
subject to guardianship or conservatorship, if the individual is at least 12 years of age, 7
and to all persons given notice of the hearing on the petition. 8
Sec. 13.29.425. Venue. (a) Except as provided in (e) of this section, venue for 9
a guardianship proceeding for a minor is in the judicial district in which 10
(1) the minor resides or is present at the time the proceeding 11
commences; or 12
(2) another proceeding concerning the custody or parental rights of the 13
minor is pending. 14
(b) Venue for a guardianship proceeding or protective arrangement instead of 15
guardianship for an adult is in the judicial district in which 16
(1) the respondent resides; 17
(2) a court is located that has ordered the respondent to be admitted to 18
an institution; or 19
(3) the respondent is present if the proceeding is for appointment of an 20
emergency guardian for an adult. 21
(c) Venue for a conservatorship proceeding or protective arrangement instead 22
of conservatorship is in 23
(1) the judicial district in which the respondent resides, whether or not 24
a guardian has been appointed in another judicial district or other jurisdiction; or 25
(2) any judicial district in which property of the respondent is located 26
if the respondent does not reside in this state. 27
(d) If proceedings under this chapter are brought in more than one judicial 28
district, the court of the judicial district in which the first proceeding is brought has the 29
exclusive right to proceed unless the court determines venue is properly in another 30
court or the interest of justice otherwise requires transfer of the proceeding. 31
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(e) The venue for a guardianship proceeding for a minor in state custody under 1
AS 47.10 is the 2
(1) superior court where the child-in-need-of-aid proceeding is pending 3
as provided under AS 47.10.111; or 4
(2) judicial district in which the petitioner resides if the petitioner 5
provides notice to all of the parties to the child-in-need-of-aid proceeding and no party 6
objects. 7
Sec. 13.29.430. Practice in court. (a) If proceedings for a guardianship, 8
conservatorship, or protective arrangement under AS 13.29.320 - 13.29.375 for the 9
same individual are commenced or pending in the same court, the proceedings may be 10
consolidated. 11
(b) A respondent may demand a jury trial in a proceeding under this chapter 12
on the issue of whether a basis exists for appointment of a guardian or conservator. 13
Sec. 13.29.435. Letters of office. (a) The court shall issue letters of office to a 14
guardian on filing by the guardian of an acceptance of appointment. 15
(b) The court shall issue letters of office to a conservator on filing by the 16
conservator of an acceptance of appointment and filing of any required bond or 17
compliance with any other asset protection arrangement required by the court. 18
(c) Limitations on the powers of a guardian or conservator or on the property 19
subject to conservatorship must be stated in the letters of office. 20
(d) The court at any time may limit the powers conferred on a guardian or 21
conservator. The court shall issue new letters of office to reflect the limitation. The 22
court shall give notice of the limitation to the guardian or conservator, individual 23
subject to guardianship or conservatorship, each parent of a minor subject to 24
guardianship or conservatorship, and any other person the court determines. 25
Sec. 13.29.440. Effect of acceptance of appointment. On acceptance of 26
appointment, a guardian or conservator submits to the personal jurisdiction of the 27
court in this state in any proceeding relating to the guardianship or conservatorship. 28
Sec. 13.29.445. Co-guardian; co-conservator. (a) The court at any time may 29
appoint a co-guardian or co-conservator to serve immediately or when a designated 30
event occurs. 31
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(b) A co-guardian or co-conservator appointed to serve immediately may act 1
when that co-guardian or co-conservator complies with AS 13.29.435. 2
(c) A co-guardian or co-conservator appointed to serve when a designated 3
event occurs may act when the event occurs and that co-guardian or co-conservator 4
complies with AS 13.29.435. 5
(d) Unless an order of appointment under (a) of this section or subsequent 6
order states otherwise, co-guardians or co-conservators shall make decisions jointly. 7
Sec. 13.29.450. Judicial appointment of successor guardian or successor 8
conservator. (a) The court at any time may appoint a successor guardian or successor 9
conservator to serve immediately or when a designated event occurs. 10
(b) A person entitled under AS 13.29.010 or 13.29.065 to petition the court to 11
appoint a guardian may petition the court to appoint a successor guardian. A person 12
entitled under AS 13.29.160 to petition the court to appoint a conservator may petition 13
the court to appoint a successor conservator. 14
(c) A successor guardian or successor conservator appointed to serve when a 15
designated event occurs may act as guardian or conservator when the event occurs and 16
the successor complies with AS 13.29.435. 17
(d) A successor guardian or successor conservator has the predecessor's 18
powers unless otherwise provided by the court. 19
Sec. 13.29.455. Effect of death, removal, or resignation of guardian or 20
conservator. (a) Appointment of a guardian or conservator terminates on the death or 21
removal of the guardian or conservator or when the court approves a resignation of the 22
guardian or conservator under (b) of this section. 23
(b) A guardian or conservator must petition the court to resign. The petition 24
may include a request that the court appoint a successor. Resignation of a guardian or 25
conservator is effective on the date the resignation is approved by the court. 26
(c) Death, removal, or resignation of a guardian or conservator does not affect 27
liability for a previous act or the obligation to account for 28
(1) an action taken on behalf of the individual subject to guardianship 29
or conservatorship; or 30
(2) the individual's funds or other property. 31
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Sec. 13.29.460. Notice of hearing generally. (a) Except as otherwise provided 1
in AS 13.29.015, 13.29.035, 13.29.070, 13.29.165, and 13.29.340, or otherwise 2
ordered by the court for good cause, if notice of a hearing under this chapter is 3
required, the movant shall give notice of the date, time, and place of the hearing to the 4
person to be notified. Except as otherwise provided in this chapter, notice must be 5
given in compliance with AS 13.06.110 - 13.06.120. 6
(b) Proof of notice of a hearing under this chapter must be made before or at 7
the hearing and filed in the proceeding. 8
(c) Notice of a hearing under this chapter must be in at least 16-point font, in 9
plain language, and, to the extent feasible, in a language in which the person to be 10
notified is proficient. 11
Sec. 13.29.465. Waiver of notice. Notwithstanding AS 13.06.115, a 12
respondent, individual subject to guardianship, individual subject to conservatorship, 13
or individual subject to a protective arrangement under AS 13.29.320 - 13.29.375 may 14
not waive notice under this chapter. 15
Sec. 13.29.470. Guardian ad litem. (a) Notwithstanding AS 13.06.120(a)(5), 16
the guardian ad litem may not be the same individual as the attorney representing the 17
respondent. The court shall state the duties of the guardian ad litem and the reasons for 18
the appointment as a part of the record of the proceeding. 19
(b) The office of public advocacy shall provide guardian ad litem services to 20
persons who would suffer financial hardship or become dependent on a government 21
agency or a private person or agency if the services were not to be provided at state 22
expense. 23
Sec. 13.29.475. Request for notice. (a) A person may file with the court a 24
request for notice under this chapter if the person is 25
(1) not otherwise entitled to notice; and 26
(2) interested in the welfare of a respondent, individual subject to 27
guardianship or conservatorship, or individual subject to a protective arrangement 28
under AS 13.29.320 - 13.29.375. 29
(b) A request under (a) of this section must include a statement showing the 30
interest of the person making the request and the address of the person or an attorney 31
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for the person to whom notice is to be given. 1
(c) If the court approves a request under (a) of this section, the court shall give 2
notice of the approval to the guardian or conservator, if one has been appointed, or, if 3
no guardian or conservator has been appointed, to the respondent. 4
Sec. 13.29.480. Disclosure of bankruptcy or criminal history. (a) Before 5
accepting appointment as a guardian or conservator, a person shall disclose to the 6
court whether the person has been 7
(1) or is a debtor in a bankruptcy, insolvency, or receivership 8
proceeding; or 9
(2) convicted of 10
(A) a felony; 11
(B) a crime involving dishonesty, neglect, violence, or use of 12
physical force; or 13
(C) a crime relevant to the functions the person would assume 14
as guardian or conservator. 15
(b) A guardian or conservator that engages or anticipates engaging an agent 16
who the guardian or conservator knows has been convicted of a felony, a crime 17
involving dishonesty, neglect, violence, or use of physical force, or a crime relevant to 18
the functions the agent is being engaged to perform shall promptly disclose that 19
knowledge to the court. 20
(c) If a conservator engages or anticipates engaging an agent to manage the 21
finances of the individual subject to conservatorship and knows the agent is or has 22
been a debtor in a bankruptcy, insolvency, or receivership proceeding, the conservator 23
shall promptly disclose that knowledge to the court. 24
Sec. 13.29.485. Multiple nominations. If a respondent or other person makes 25
more than one nomination of a guardian or conservator, the latest in time governs. 26
Sec. 13.29.490. Compensation and expenses; in general. (a) Unless 27
otherwise compensated or reimbursed, an attorney for a respondent in a proceeding 28
under this chapter is entitled to reasonable compensation for services and 29
reimbursement of reasonable expenses from the property of the respondent. 30
(b) Unless otherwise compensated or reimbursed, an attorney or other person 31
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whose services resulted in an order beneficial to an individual subject to guardianship 1
or conservatorship or for whom a protective arrangement under AS 13.29.320 - 2
13.29.375 was ordered is entitled to reasonable compensation for services and 3
reimbursement of reasonable expenses from the property of the individual. 4
(c) The court must approve compensation and expenses payable under this 5
section before payment. Approval is not required before a service is provided or an 6
expense is incurred. 7
(d) Except as provided in (g) of this section, the Alaska Court System shall 8
bear the costs of an investigator or visitor appointed or professional evaluation ordered 9
under this chapter. 10
(e) Except as provided in (d), (f), and (g) of this section, a respondent shall 11
bear 12
(1) the costs of an attorney appointed to represent the respondent under 13
this chapter; 14
(2) the costs of a guardian ad litem appointed under this chapter; 15
(3) the costs of a guardianship, conservatorship, or protective 16
arrangement under AS 13.29.320 - 13.29.375 incurred under this chapter; and 17
(4) all other court costs incurred under this chapter. 18
(f) The state shall pay all or part of the costs described in (e) of this section if 19
the court finds that the payment is necessary to prevent the respondent from suffering 20
financial hardship or from becoming dependent on a government agency or a private 21
person or agency. 22
(g) If the court finds that a petitioner initiated a proceeding under this chapter 23
maliciously, frivolously, or without just cause, the court may require the petitioner to 24
pay all or some of the costs described in (d) and (e) of this section. 25
Sec. 13.29.495. Compensation of guardian or conservator. (a) Subject to 26
court approval, a guardian is entitled to reasonable compensation for services as 27
guardian and to reimbursement for room, board, clothing, and other appropriate 28
expenses advanced for the benefit of the individual subject to guardianship. If a 29
conservator, other than the guardian or a person affiliated with the guardian, is 30
appointed for the individual, reasonable compensation and reimbursement to the 31
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guardian may be approved and paid by the conservator without court approval. 1
(b) Subject to court approval, a conservator is entitled to reasonable 2
compensation for services and reimbursement for appropriate expenses from the 3
property of the individual subject to conservatorship. 4
(c) In determining reasonable compensation for a guardian or conservator, the 5
court, or a conservator in determining reasonable compensation for a guardian as 6
provided in (a) of this section, shall consider 7
(1) the necessity and quality of the services provided; 8
(2) the experience, training, professional standing, and skills of the 9
guardian or conservator; 10
(3) the difficulty of the services performed, including the degree of 11
skill and care required; 12
(4) the conditions and circumstances under which a service was 13
performed, including whether the service was provided outside regular business hours 14
or under dangerous or extraordinary conditions; 15
(5) the effect of the services on the individual subject to guardianship 16
or conservatorship; 17
(6) the extent to which the services provided were or were not 18
consistent with the guardian's plan under AS 13.29.135 or conservator's plan under 19
AS 13.29.245; and 20
(7) the fees customarily paid to a person that performs a similar service 21
in the community. 22
(d) A guardian or conservator does not need to use personal funds of the 23
guardian or conservator for the expenses of the individual subject to guardianship or 24
conservatorship. 25
(e) If an individual subject to guardianship or conservatorship seeks to modify 26
or terminate the guardianship or conservatorship or remove the guardian or 27
conservator, the court may order compensation to the guardian or conservator for time 28
spent opposing modification, termination, or removal only to the extent the court 29
determines the opposition was reasonably necessary to protect the interest of the 30
individual subject to guardianship or conservatorship. 31
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Sec. 13.29.500. Liability of guardian or conservator for act of individual 1
subject to guardianship or conservatorship. A guardian or conservator is not 2
personally liable to another person solely because of the guardianship or 3
conservatorship for an act or omission of the individual subject to guardianship or 4
conservatorship. 5
Sec. 13.29.505. Petition after appointment of instruction or ratification. (a) 6
A guardian or conservator may petition the court for instruction concerning fiduciary 7
responsibility or ratification of a particular act related to the guardianship or 8
conservatorship. 9
(b) On notice and hearing on a petition under (a) of this section, the court may 10
give an instruction and issue an appropriate order. 11
Sec. 13.29.515. Use of agent by guardian or conservator. (a) Except as 12
otherwise provided in AS 13.26.740 and (c) of this section, a guardian or conservator 13
may delegate a power to an agent that a prudent guardian or conservator of 14
comparable skills could delegate prudently under the circumstances if the delegation is 15
consistent with the fiduciary duties of the guardian or conservator and the guardian's 16
plan under AS 13.29.135 or conservator's plan under AS 13.29.245. 17
(b) In delegating a power under (a) of this section, the guardian or conservator 18
shall exercise reasonable care, skill, and caution in 19
(1) selecting the agent; 20
(2) establishing the scope and terms of the agent's work in accordance 21
with the guardian's plan under AS 13.29.135 or conservator's plan under 22
AS 13.29.245; 23
(3) monitoring the agent's performance and compliance with the 24
delegation; and 25
(4) redressing an act or omission of the agent which would constitute a 26
breach of the duties of the guardian or conservator if done by the guardian or 27
conservator. 28
(c) A guardian or conservator may not delegate all powers to an agent. 29
(d) In performing a power delegated under this section, an agent shall 30
(1) exercise reasonable care to comply with the terms of the delegation 31
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and use reasonable care in the performance of the power; and 1
(2) if the guardian or conservator has delegated to the agent the power 2
to make a decision on behalf of the individual subject to guardianship or 3
conservatorship, use the same decision-making standard the guardian or conservator 4
would be required to use. 5
(e) By accepting a delegation of a power under (a) of this section from a 6
guardian or conservator, an agent submits to the personal jurisdiction of the courts of 7
this state in an action involving the agent's performance as agent. 8
(f) A guardian or conservator that delegates and monitors a power in 9
compliance with this section is not liable for the decision, act, or omission of the 10
agent. 11
(g) A guardian for an adult may not delegate a power to an agent under this 12
section for a period exceeding one year. 13
Sec. 13.29.520. Temporary substitute guardian or conservator. (a) The 14
court may appoint a temporary substitute guardian for an individual subject to 15
guardianship for a period not exceeding six months if 16
(1) a proceeding to remove a guardian for the individual is pending; or 17
(2) the court finds a guardian is not effectively performing the duties of 18
the guardian and the welfare of the individual requires immediate action. 19
(b) The court may appoint a temporary substitute conservator for an individual 20
subject to conservatorship for a period not exceeding six months if 21
(1) a proceeding to remove a conservator for the individual is pending; 22
or 23
(2) the court finds that a conservator for the individual is not 24
effectively performing the duties of the conservator and the welfare of the individual 25
or the conservatorship estate requires immediate action. 26
(c) Except as otherwise ordered by the court, a temporary substitute guardian 27
or temporary substitute conservator appointed under this section has the powers stated 28
in the order of appointment of the guardian or conservator. The authority of the 29
existing guardian or conservator is suspended for as long as the temporary substitute 30
guardian or conservator has authority. 31
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(d) The court shall give notice of appointment of a temporary substitute 1
guardian or temporary substitute conservator, not later than five days after the 2
appointment, to 3
(1) the individual subject to guardianship or conservatorship; 4
(2) the affected guardian or conservator; and 5
(3) in the case of a minor, each parent of the minor and any person 6
currently having care or custody of the minor. 7
(e) The court may remove a temporary substitute guardian or temporary 8
substitute conservator at any time. The temporary substitute guardian or temporary 9
substitute conservator shall make any report the court requires. 10
Sec. 13.29.525. Grievance against guardian or conservator. (a) An 11
individual who is subject to guardianship or conservatorship, or a person interested in 12
the welfare of an individual subject to guardianship or conservatorship, who 13
reasonably believes the guardian or conservator is breaching the guardian's or 14
conservator's fiduciary duty or otherwise acting in a manner inconsistent with this 15
chapter may file a grievance in a record with the court. 16
(b) Subject to (c) of this section, after receiving a grievance under (a) of this 17
section, the court 18
(1) shall review the grievance and, if necessary to determine the 19
appropriate response, court records related to the guardianship or conservatorship; 20
(2) shall schedule a hearing if the individual subject to guardianship or 21
conservatorship is an adult and the grievance supports a reasonable belief that 22
(A) removal of the guardian and appointment of a successor 23
may be appropriate under AS 13.29.145; 24
(B) termination or modification of the guardianship may be 25
appropriate under AS 13.29.150; 26
(C) removal of the conservator and appointment of a successor 27
may be appropriate under AS 13.29.300; or 28
(D) termination or modification of the conservatorship may be 29
appropriate under AS 13.29.305; and 30
(3) may take any action supported by the evidence, including 31
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(A) ordering the guardian or conservator to provide to the court 1
any report, accounting, inventory, updated plan, or other information; 2
(B) appointing a guardian ad litem; 3
(C) appointing an attorney for the individual subject to 4
guardianship or conservatorship; or 5
(D) holding a hearing. 6
(c) The court may decline to act under (b) of this section if a similar grievance 7
was filed within the six months preceding the filing of the current grievance and the 8
court followed the procedures of (b) of this section in considering the earlier 9
grievance. 10
Sec. 13.29.530. Adoption of standards of practice. It is the policy of the state 11
that all guardians and conservators, when making decisions for an individual subject to 12
guardianship or conservatorship, shall abide by the highest ethical standards of 13
decision making and shall consider the standards of practice adopted by the 14
department by regulation. The department shall adopt standards of practice for 15
guardians and conservators and, before doing so, shall review the standards of practice 16
adopted by a national organization with expertise in the area of standards of practice 17
for guardians and conservators, such as the National Guardianship Association. 18
Sec. 13.29.535. Delegation of powers over minor child by parent. (a) A 19
parent of a minor child, by a properly executed power of attorney that is substantially 20
in the form provided in (f) of this section, may delegate to another person one or more 21
powers regarding the care or custody of the minor child, except the power to consent 22
to 23
(1) the marriage or adoption of the minor child; 24
(2) the performance or inducement of an abortion on or for the minor 25
child; or 26
(3) the termination of parental rights to the minor child. 27
(b) A parent of a minor child may revoke the power of attorney made by the 28
parent under (a) of this section at any time. A parent of a minor child may revoke a 29
power of attorney that another parent of the minor child has made under (a) of this 30
section. If a parent revokes a power of attorney, the attorney-in-fact shall return the 31
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minor child to the custody of the parent as soon as reasonably possible after the 1
revocation. 2
(c) Except as provided in (d) of this section, a power of attorney under this 3
section is not effective for a period that exceeds one year. However, after a power of 4
attorney expires under this subsection, a parent may enter into a new power of 5
attorney. 6
(d) A power of attorney made by a military parent may be effective for a 7
period that exceeds one year if the military parent is on active duty, but the power of 8
attorney is not effective for a period that exceeds the length of the active duty plus 30 9
days. 10
(e) Unless a parent revokes a power of attorney, the attorney-in-fact shall 11
exercise the power in the power of attorney without compensation for the duration of 12
the power of attorney. 13
(f) To designate an attorney-in-fact under this section, a parent shall execute a 14
power of attorney that is in substantially the following form: 15
STATUTORY FORM FOR POWER OF ATTORNEY 16
TO DELEGATE THE POWERS OF A PARENT 17
Section 1. I certify that I am the parent of 18
______________________________ ___________________________ 19
(Full name of minor child) (Date of birth) 20
______________________________ ___________________________ 21
(Full name of minor child) (Date of birth) 22
______________________________ ___________________________ 23
(Full name of minor child) (Date of birth) 24
who is/are minor children. 25
Section 2. I designate _________________________ (Full name of attorney-26
in-fact), ________________________________________________________ 27
(Street address, city, state, and zip code of attorney-in-fact) 28
______________________________ ___________________________ 29
(Home telephone of attorney-in-fact) (Work telephone of attorney-in- 30
fact) 31
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as the attorney-in-fact of each minor child named above. 1
Section 3. I delegate to the attorney-in-fact all of my power and authority 2
regarding the care and custody of each minor child named above, including the 3
right to enroll the child in school, the right to inspect and obtain copies of 4
education records and other records concerning the child, the right to attend 5
school activities and other functions concerning the child, and the right to give 6
or withhold any consent or waiver with respect to school activities, medical 7
treatment, dental treatment, and other activity, function, or treatment that may 8
concern the minor child. This delegation does not include the power or 9
authority to consent to the marriage or adoption of the minor child, the 10
performance or inducement of an abortion on or for the minor child, or the 11
termination of parental rights to the minor child. 12
OR 13
Section 4. I delegate to my attorney-in-fact the following specific powers and 14
responsibilities (write in): 15
_______________________________________________________________ 16
_______________________________________________________________ 17
Delegation under this section does not include the power or authority to 18
consent to the marriage or adoption of the minor child, the performance or 19
inducement of an abortion on or for the minor child, or the termination of 20
parental rights to the minor child. 21
(If you complete Section 4, Section 3 does not apply). 22
Section 5. This power of attorney is effective for a period not to exceed one 23
year, beginning _____________, 20 _____, and ending _______, 20 _____. I 24
reserve the right to revoke this authority at any time. 25
OR 26
Section 6. I am a military parent under AS 13.29.535(d). My active duty is 27
scheduled to begin on _____________, 20 _____, and is estimated to end on 28
____________, 20 _____. I acknowledge that this power of attorney will not 29
last more than one year, or the term of my active duty service plus 30 days, 30
whichever period is longer. 31
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By: ___________________________ 1
(parent signature)
2
Section 7. I hereby accept my designation as attorney-in-fact for the minor 3
child/children identified in this power of attorney. 4
________________________________ 5
(Attorney-in-fact signature) 6
State of
_____________ 7
_______ Judicial District 8
ACKNOWLEDGMENT 9
Before me, the undersigned, a Notary Public, in and for the Judicial District 10
and State identified above, on this ____ day of _____________, 20 ____, 11
personally appeared _________________________ (name of parent) and 12
_________________________ (name of attorney-in-fact), to me known to be 13
the persons who executed this power of attorney, and each acknowledged to 14
me that each executed the same as the person's free and voluntary act and deed 15
for the uses and purposes set out in this power of attorney. 16
Witness my hand and official seal the day and year written above. 17
_________________________________ 18
(Signature of notary public) 19
(Seal, if any) 20
_________________________________ 21
(Title and rank) 22
My commission expires: _____________ 23
(g) A power of attorney does not change parental rights, legal rights, 24
obligations, or other authority established by an existing court order and does not 25
deprive the parent of rights, obligations, or other authority relating to the custody, 26
visitation, or support of the minor child. 27
(h) Except as otherwise determined under another statute, the execution of a 28
power of attorney by a parent does not constitute abandonment, neglect, or abuse of 29
the minor child or ward under AS 47.10.013 - 47.10.015, unless the parent fails, after 30
the power of attorney terminates, to retake custody of the child and does not execute a 31
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new power of attorney. 1
(i) Under a power of attorney, a minor child is not considered to be in foster 2
care, and the attorney-in-fact is not considered to be providing foster care for which a 3
license is required under AS 47.32. 4
(j) In this section, 5
(1) "active duty" means military duties that are performed full time; 6
(2) "attorney-in-fact" means the individual to whom a parent gives a 7
power under a power of attorney; 8
(3) "foster care" means care provided by a person for which a foster 9
home license is required by AS 47.32; 10
(4) "military parent" means a person who is a parent of a minor and 11
who is a member of 12
(A) the armed forces of the United States; 13
(B) a reserve component of the armed forces of the United 14
States; 15
(C) the National Oceanic and Atmospheric Administration 16
Commissioned Officer Corps or the United States Public Health Service 17
Commissioned Corps, if the member is 18
(i) assigned by proper authority to duty with the armed 19
forces of the United States; or 20
(ii) required to serve on active duty with the armed 21
forces of the United States under a call or order of the President of the 22
United States, or to serve on active duty with the military forces of the 23
state; 24
(5) "minor child" means a natural person who is under 18 years of age, 25
including a stepchild or a grandchild, but not including a foster child; 26
(6) "parent" includes a stepparent or a grandparent, and a parent who is 27
incarcerated for a criminal conviction, but not a foster parent; 28
(7) "power of attorney" means a power of attorney entered into under 29
this section. 30
Sec. 13.29.540. Psychotropic medication influencing individuals subject to 31
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guardianship or respondents at judicial hearings. (a) An individual subject to 1
guardianship or respondent has a right to participate to the maximum extent possible 2
in all judicial proceedings concerning the individual subject to guardianship or 3
respondent and to be free from the influence of psychotropic medication during the 4
proceedings. 5
(b) It is the responsibility of the attorney for the individual subject to 6
guardianship or respondent to determine if the individual subject to guardianship or 7
respondent is being treated with psychotropic medication the effects of which would 8
continue during the judicial proceedings and, if so, to inform the court in writing a 9
reasonable time before the hearing. 10
(c) The court, upon receipt of the information provided under (b) of this 11
section, shall require a medical examination of the individual subject to guardianship 12
or respondent, if the court determines that the medical examination is necessary, and 13
shall determine the advisability of continuation or suspension of the treatment for the 14
duration of the judicial proceedings. The court may make any appropriate order it 15
considers necessary. The court in making its determination shall balance the interest of 16
maximum participation of the individual subject to guardianship or respondent in the 17
hearings against the medical and rehabilitative needs of the individual subject to 18
guardianship or respondent. 19
(d) If the individual subject to guardianship or respondent is under the 20
influence of psychotropic medication during the judicial proceeding determining 21
capacity, the trier of fact shall take that fact into consideration in making its 22
determination. 23
Sec. 13.29.545. Emergency authorization of services. If no guardianship 24
petition is pending under AS 13.29.005 - 13.29.150 but the court is informed of a 25
person who is apparently incapacitated and in need of emergency life-saving services, 26
the court may authorize the services upon determining that delay until a guardianship 27
hearing can be held would entail a life-threatening risk to the person. 28
Sec. 13.29.590. Definitions. (a) In this chapter, 29
(1) "adult" means an individual at least 18 years of age or an 30
emancipated individual under 18 years of age; 31
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(2) "adult subject to conservatorship" means an adult for whom a 1
conservator has been appointed under this chapter; 2
(3) "adult subject to guardianship" means an adult for whom a 3
guardian has been appointed under this chapter; 4
(4) "claim" includes a claim against an individual or conservatorship 5
estate, whether arising in contract, tort, or otherwise; 6
(5) "conservatorship estate" means property subject to conservatorship 7
under this chapter; 8
(6) "ex parte protective arrangement" means a court order entered 9
under AS 13.29.333(b); 10
(7) "guardian ad litem" means a person appointed to inform the court 11
about, and to represent, the needs and best interest of an individual; 12
(8) "less restrictive alternative" means an approach to meeting an 13
individual's needs that restricts fewer rights of the individual than the appointment of a 14
guardian or conservator would; "less restrictive alternative" includes supported 15
decision-making, appropriate technological assistance, appointment of a representative 16
payee, and appointment of an agent by the individual, including appointment under a 17
durable power of attorney for health care under AS 13.52 or power of attorney under 18
AS 13.26; 19
(9) "letters of office" means a record issued by a court certifying a 20
guardian's or conservator's authority to act; 21
(10) "minor" means an unemancipated individual under 18 years of 22
age; 23
(11) "minor subject to conservatorship" means a minor for whom a 24
conservator has been appointed under this chapter; 25
(12) "minor subject to guardianship" means a minor for whom a 26
guardian has been appointed under this chapter; 27
(13) "parent" does not include an individual whose parental rights have 28
been terminated; 29
(14) "property" includes tangible and intangible property; 30
(15) "protective arrangement instead of conservatorship" means a court 31
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order entered under AS 13.29.330 or 13.29.333(e); 1
(16) "protective arrangement instead of guardianship" means a court 2
order entered under AS 13.29.325 or 13.29.333(e); 3
(17) "protective arrangement under AS 13.29.320 - 13.29.375" means 4
a court order entered under AS 13.29.325, 13.29.330, or 13.29.333; 5
(18) "record" means, when used as a noun, information that is 6
inscribed on a tangible medium or that is stored in an electronic or other medium and 7
is retrievable in perceivable form; 8
(19) "standby guardian" means a person appointed by the court under 9
AS 13.29.035; 10
(20) "state" means a state of the United States, the District of 11
Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular 12
possession subject to the jurisdiction of the United States; "state" includes a federally 13
recognized Indian tribe; 14
(21) "supported decision-making" means assistance from one or more 15
persons of an individual's choosing in understanding the nature and consequences of 16
potential personal and financial decisions, which enables the individual to make the 17
decisions, and in communicating a decision once made if consistent with the 18
individual's wishes. 19
(b) Unless otherwise apparent from the context, in AS 13.06 - AS 13.36, 20
(1) "conservator" means a person or persons appointed by a court to 21
make decisions with respect to the property or financial affairs of an individual subject 22
to conservatorship; 23
(2) "department" means the Department of Commerce, Community, 24
and Economic Development; 25
(3) "full conservatorship" means a conservatorship that grants the 26
conservator all powers available under this chapter; 27
(4) "full guardianship" means a guardianship that grants the guardian 28
all powers available under this chapter; 29
(5) "guardian" means a person or persons appointed by the court to 30
make decisions with respect to the personal affairs of an individual; 31
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(6) "incapacitated person" means a person whose ability to receive and 1
evaluate information or to communicate decisions is impaired for reasons other than 2
minority to the extent that the person lacks the ability to provide the essential 3
requirements for the person's physical health or safety without court-ordered 4
assistance; 5
(7) "individual subject to conservatorship" means an adult or minor for 6
whom a conservator has been appointed under this chapter; 7
(8) "individual subject to guardianship" means an adult or minor for 8
whom a guardian has been appointed under this chapter; 9
(9) "limited conservatorship" means a conservatorship that grants the 10
conservator fewer powers than available under this chapter, grants powers over only 11
certain property, or otherwise restricts the powers of the conservator; 12
(10) "limited guardianship" means a guardianship that grants the 13
guardian fewer powers than available under this chapter or otherwise restricts the 14
powers of the guardian; 15
(11) "private professional conservator" means a person, other than the 16
public guardian, who is licensed under AS 08.26 or exempt under AS 08.26.180; 17
(12) "private professional guardian" means a person, other than the 18
public guardian, who is licensed under AS 08.26 or exempt under AS 08.26.180; 19
(13) "protective proceeding" means a proceeding under the provisions 20
of AS 13.29.155 to determine that a person cannot effectively manage or apply the 21
person's estate to necessary ends, either because the person lacks the ability or is 22
otherwise inconvenienced, or because the person is a minor, and to secure 23
administration of the estate by a conservator or other appropriate relief; 24
(14) "respondent" means an individual for whom appointment of a 25
guardian or conservator, an ex parte protective arrangement, or a protective 26
arrangement instead of guardianship or conservatorship is sought; 27
(15) "visitor" means a person trained or experienced in law, medical 28
care, mental health care, pastoral care, education, rehabilitation, or social work, who is 29
an officer, employee, or special appointee of the court with no personal interest in the 30
proceedings. 31
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Sec. 13.29.595. Short title. This chapter may be cited as the Uniform 1
Guardianship, Conservatorship, and Other Protective Arrangements Act. 2
* Sec. 67. AS 13.36.280(b) is amended to read: 3
(b) AS 13.36.225 - 13.36.290 govern only decisions or actions of personal 4
representatives under AS 13.16.350(a) [OR OF CONSERVATORS UNDER 5
AS 13.26.500 THAT OCCUR] on or after May 23, 1998. 6
* Sec. 68. AS 13.38.980(12) is amended to read: 7
(12) "sui juris beneficiary" includes 8
(A) a court-appointed guardian of a [AN INCAPACITATED] 9
beneficiary subject to guardianship; 10
(B) an agent for an incompetent beneficiary; and 11
(C) a court-appointed guardian of a minor beneficiary's estate; 12
* Sec. 69. AS 13.52.020(c) is amended to read: 13
(c) In the case of mental illness, an advance health care directive may be 14
revoked in whole or in part at any time by the principal if the principal does not lack 15
capacity and is competent. A revocation is effective when a competent principal with 16
capacity communicates the revocation to a physician or other health care provider. The 17
physician or other health care provider shall note the revocation on the principal's 18
medical record. In the case of mental illness, the authority of a named agent and an 19
alternative agent named in the advance health care directive continues in effect as long 20
as the advance health care directive appointing the agent is in effect or until the agent 21
has withdrawn. For the purposes of this subsection, a principal is not considered 22
competent when 23
(1) it is the opinion of the court in a guardianship proceeding under 24
AS 13.29 [AS 13.26], the opinion of two physicians, at least one of whom is a 25
psychiatrist, or the opinion of a physician and a professional mental health clinician, 26
that the principal is not competent; or 27
(2) a court in a hearing under AS 47.30.735, 47.30.750, or 47.30.770 28
determines that the principal is gravely disabled; in this paragraph, "gravely disabled" 29
has the meaning given in AS 47.30.915 [AS 47.30.915(9)(B)]. 30
* Sec. 70. AS 13.52.140 is amended to read: 31
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Sec. 13.52.140. Judicial relief. On petition of a patient, the patient's agent, 1
guardian, or surrogate, or a health care provider or institution involved with the 2
patient's care, the superior court may enjoin or direct a health care decision or order 3
other equitable relief. A proceeding under this section is governed by AS 13.29 4
[AS 13.26.201 - 13.26.580]. 5
* Sec. 71. AS 13.56.190(4) is amended to read: 6
(4) "conservator" means a person appointed a conservator under 7
AS 13.29.155 - 13.29.315 [AS 13.26.401 - 13.26.595] or a similar law of another 8
state; 9
* Sec. 72. AS 13.56.190(7) is amended to read: 10
(7) "guardian" means a person appointed a guardian under 11
AS 13.29.060 - 13.29.150 [AS 13.26.201 - 13.26.316] or a similar law of another 12
state; 13
* Sec. 73. AS 13.63.110 is amended to read: 14
Sec. 13.63.110. Disclosure of digital assets to conservator of individual 15
subject to conservatorship [PROTECTED PERSON]. (a) After an opportunity for 16
a hearing under AS 13.29.155 - 13.29.315 [AS 13.26.401 - 13.26.595], the superior 17
court may grant a conservator access to the digital assets of an individual subject to 18
conservatorship [A PROTECTED PERSON EXCEPT THAT, IF THE 19
CONSERVATOR IS A GUARDIAN WITH THE POWERS AND DUTIES OF A 20
CONSERVATOR UNDER AS 13.26.316(c), THE SUPERIOR COURT MAY 21
GRANT THE CONSERVATOR ACCESS TO THE DIGITAL ASSETS OF A 22
PROTECTED PERSON AFTER AN OPPORTUNITY FOR A HEARING UNDER 23
AS 13.26.201 - 13.26.316]. 24
(b) Unless otherwise ordered by the superior court or directed by the user, a 25
custodian shall disclose to a conservator the catalog of electronic communications sent 26
or received by an individual subject to conservatorship [A PROTECTED 27
PERSON] and any digital assets, other than the content of electronic communications, 28
in which the individual subject to conservatorship [PROTECTED PERSON] has a 29
right or interest if the conservator gives the custodian 30
(1) a written request for disclosure in physical or electronic form; 31
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(2) a certified copy of the superior court order that gives the 1
conservator authority over the digital assets of the individual subject to 2
conservatorship [PROTECTED PERSON]; and 3
(3) if requested by the custodian, 4
(A) a number, username, address, or other unique subscriber or 5
account identifier assigned by the custodian to identify the account of the 6
individual subject to conservatorship [PROTECTED PERSON]; or 7
(B) evidence linking the account to the individual subject to 8
conservatorship [PROTECTED PERSON]. 9
(c) A conservator with general authority to manage the assets of an individual 10
subject to conservatorship [A PROTECTED PERSON] may request a custodian of 11
the digital assets of the individual subject to conservatorship [PROTECTED 12
PERSON] to suspend or terminate an account of the individual subject to 13
conservatorship [PROTECTED PERSON] for good cause. A request made under this 14
subsection must be accompanied by a certified copy of the superior court order giving 15
the conservator authority over the [PROTECTED PERSON'S] property of the 16
individual subject to conservatorship. 17
* Sec. 74. AS 13.63.120(c) is amended to read: 18
(c) A fiduciary with authority over the property of a decedent, individual 19
subject to conservatorship [PROTECTED PERSON], principal, or settlor has the 20
right to access any digital asset in which the decedent, individual subject to 21
conservatorship [PROTECTED PERSON], principal, or settlor had a right or interest 22
and that is not held by a custodian or subject to a terms-of-service agreement. 23
* Sec. 75. AS 13.63.120(d) is amended to read: 24
(d) A fiduciary acting within the scope of the fiduciary's duties is an 25
authorized user of the property of the decedent, individual subject to 26
conservatorship [PROTECTED PERSON], principal, or settlor for the purpose of 27
applicable computer-fraud and unauthorized-computer-access laws, including 28
AS 11.46.200, 11.46.484(a)(3), and 11.46.740. 29
* Sec. 76. AS 13.63.120(e) is amended to read: 30
(e) A fiduciary with authority over the tangible personal property of a 31
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decedent, individual subject to conservatorship [PROTECTED PERSON], 1
principal, or settlor 2
(1) has the right to access the property and any digital asset stored in it; 3
and 4
(2) is an authorized user for the purpose of computer-fraud and 5
unauthorized-computer-access laws, including AS 11.46.200, 11.46.484(a)(3), and 6
11.46.740. 7
* Sec. 77. AS 13.63.130(e) is amended to read: 8
(e) This chapter does not limit a custodian's ability to obtain or to require a 9
fiduciary or designated recipient requesting disclosure or termination under this 10
chapter to obtain a superior court order that 11
(1) specifies that an account belongs to the individual subject to 12
conservatorship [PROTECTED PERSON] or principal; 13
(2) specifies that there is sufficient consent from the individual 14
subject to conservatorship [PROTECTED PERSON] or principal to support the 15
requested disclosure; and 16
(3) contains a finding required by law other than this chapter. 17
* Sec. 78. AS 13.70.030(b) is amended to read: 18
(b) With court approval, a fiduciary may disclaim, in whole or part, any 19
interest in or power over property, including a power of appointment. Without court 20
approval, a fiduciary may not disclaim, in whole or in part, any interest in or power 21
over property, including a power of appointment, except that 22
(1) a fiduciary may disclaim, in whole or in part, any interest in or 23
power over property, including a power of appointment, if and to the extent that the 24
instrument creating the fiduciary relationship grants the fiduciary the right to disclaim; 25
(2) in the absence of a court-appointed guardian, notwithstanding a 26
provision in AS 13.29 [AS 13.26] to the contrary, an individual having legal custody 27
of a minor child may disclaim on behalf of the minor child, in whole or in part, any 28
interest in or power over property, including a power of appointment, that the minor 29
child is to receive solely as a result of another disclaimer, but only if the interest or 30
power disclaimed by the individual having legal custody does not pass, as a result of 31
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the disclaimer, to or for the benefit of the individual having legal custody. 1
* Sec. 79. AS 13.90.010(d)(3) is amended to read: 2
(3) "fiduciary" includes guardians and conservators under AS 13.29 3
[AS 13.26], persons performing the trustee activities described under AS 06.05.180 4
whether or not the persons are covered by AS 06.05.180, and other persons acting in a 5
fiduciary capacity; 6
* Sec. 80. AS 18.65.540(a) is amended to read: 7
(a) The Department of Public Safety shall maintain a central registry of 8
protective orders issued by or filed with a court of this state under AS 13.29.333 9
[AS 13.26.450 - 13.26.460], AS 18.65.850 - 18.65.870, or AS 18.66.100 - 18.66.180. 10
The registry must include, for each protective order, the names of the petitioner and 11
respondent, their dates of birth, and the conditions and duration of the order. The 12
registry shall retain a record of the protective order after it has expired. 13
* Sec. 81. AS 18.65.540(b) is amended to read: 14
(b) A peace officer receiving a protective order from a court under 15
AS 13.29.333 [AS 13.26.450, 13.26.455], AS 18.65.850 - 18.65.855, or AS 18.66.100 16
- 18.66.180, a modified order issued under [AS 13.26.460,] AS 18.65.860 [,] or 17
AS 18.66.120, or an order dismissing a protective order shall take reasonable steps to 18
ensure that the order, modified order, or dismissal is entered into the central registry 19
within 24 hours after being received. 20
* Sec. 82. AS 25.23.040(b) is amended to read: 21
(b) A petition to adopt an adult may be granted only if written consent to 22
adoption has been executed by the adult and the adult's spouse or by the guardian or 23
conservator of an [INCAPACITATED] adult. 24
* Sec. 83. AS 25.23.060(c) is amended to read: 25
(c) A consent executed under this section is effective as a power of attorney 26
under AS 13.29.535 [AS 13.26.066]. Unless the consent form provides otherwise, and 27
regardless of whether the form names or identifies the adoptive parent, the consent 28
delegates to the adoptive parent all powers that may be delegated under AS 13.29.535 29
[AS 13.26.066]. The power of attorney takes effect when the child is delivered to the 30
adoptive parent, and remains in effect as long as the consent is in effect; but the power 31
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of attorney is not effective beyond one year, unless the court extends it for good cause. 1
The power of attorney does not terminate on the death or disability of the person 2
executing the consent, unless the consent form so states. This subsection may not be 3
construed to alter the requirements of AS 47.70 (the Interstate Compact on the 4
Placement of Children). 5
* Sec. 84. AS 25.23.200 is amended to read: 6
Sec. 25.23.200. Investigation of home for subsidized hard-to-place child. 7
Persons who are caring for a hard-to-place child on a foster parent basis and who have 8
applied to adopt the hard-to-place child and to receive payments for the care and 9
support of the hard-to-place child shall be evaluated as to their suitability as adoptive 10
parents by means of an adoptive home study. Persons who are caring for a hard-to-11
place child in the state's custody and who wish to be appointed legal guardians of the 12
child under AS 13.29.005 [AS 13.26.132], and to receive payments for the care and 13
support of the child, shall be evaluated as to their suitability as guardians by means of 14
a guardianship study. A home study or guardianship study shall be made by the 15
commissioner's adoption staff or on the commissioner's behalf by an authorized 16
agency or individual that provides adoption services. 17
* Sec. 85. AS 34.25.050(a) is amended to read: 18
(a) A sale of real property heretofore or hereafter made by an executor, 19
administrator, or guardian is sufficient to sustain an executor's, administrator's, or 20
guardian's deed to the purchaser for the real property when 21
(1) made of the decedent's or individual subject to guardianship or 22
conservatorship's [, WARD'S, OR INCOMPETENT PERSON'S] real property in 23
the state to a purchaser for a valuable consideration; 24
(2) the consideration is paid by the purchaser to the executor, 25
administrator, or guardian, or the successor of the executor, administrator, or guardian, 26
in good faith; and 27
(3) the sale is not set aside by the court, but is confirmed or acquiesced 28
in by the court. 29
* Sec. 86. AS 34.25.050(c) is amended to read: 30
(c) The deed is sufficient to convey to the purchaser all the title that the 31
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decedent or individual subject to guardianship or conservatorship [, WARD, OR 1
INCOMPETENT] had in the real property. 2
* Sec. 87. AS 38.05.190(a) is amended to read: 3
(a) Except as provided in (b) of this section, exploration and mining rights 4
under AS 38.05.185 - 38.05.275 may be acquired or held only by 5
(1) citizens of the United States at least 18 years of age; 6
(2) legal guardians, conservators, or trustees of citizens of the United 7
States under 18 years of age or adult citizens of the United States that are 8
incapacitated persons [ADULTS] under AS 13.29 [AS 13.26] on behalf of the 9
citizens; 10
(3) individuals at least 18 years of age who have declared their 11
intention to become citizens of the United States; 12
(4) aliens at least 18 years of age if the laws of their country grant like 13
privileges to citizens of the United States; 14
(5) corporations, limited liability companies, or other entities that are 15
organized under the laws of the United States or of any state or territory of the United 16
States and qualified to do business in this state; 17
(6) trusts that are registered in this state under AS 13.36 and for which 18
at least one trustee is a person described in (1) - (5) of this subsection; or 19
(7) associations of persons described in (1) - (6) of this subsection. 20
* Sec. 88. AS 44.21.410(a) is amended to read: 21
(a) The office of public advocacy shall 22
(1) perform the duties of the public guardian under AS 13.26.700 - 23
13.26.750; 24
(2) provide guardian ad litem services to children in child protection 25
actions under AS 47.17.030(e) and to individuals subject to guardianship [WARDS] 26
and respondents in guardianship proceedings who will suffer financial hardship or 27
become dependent upon a government agency or a private person or agency if the 28
services are not provided at state expense under AS 13.29.470(b) [AS 13.26.041]; 29
(3) provide legal representation in cases involving judicial bypass 30
procedures for minors seeking abortions under AS 18.16.030, in proceedings where a 31
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court appoints an attorney to an individual under AS 13.29 while the individual is 1
financially unable to employ an attorney [GUARDIANSHIP PROCEEDINGS TO 2
RESPONDENTS WHO ARE FINANCIALLY UNABLE TO EMPLOY 3
ATTORNEYS UNDER AS 13.26.226(b)], to indigent parties in cases involving child 4
custody in which the opposing party is represented by counsel provided by a public 5
agency, and to indigent parents or guardians of a minor respondent in a commitment 6
proceeding concerning the minor under AS 47.30.775; 7
(4) provide legal representation and guardian ad litem services under 8
AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in 9
cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the 10
termination of parental rights under AS 25.23.180(c)(2); in cases involving petitions to 11
remove the disabilities of a minor under AS 09.55.590; in children's proceedings under 12
AS 47.10.050(a) or under AS 47.12.090; in cases involving appointments under 13
AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases 14
involving indigent persons who are entitled to representation under AS 18.85.100 and 15
who cannot be represented by the public defender agency because of a conflict of 16
interests; 17
(5) develop and coordinate a program to recruit, select, train, assign, 18
and supervise volunteer guardians ad litem from local communities to aid in delivering 19
services in cases in which the office of public advocacy is appointed as guardian ad 20
litem; 21
(6) Provide guardian ad litem services in proceedings under 22
AS 12.45.046 or AS 18.15.355 - 18.15.395; 23
(7) establish a fee schedule and collect fees for services provided by 24
the office, except as provided in AS 18.85.120 or when imposition or collection of a 25
fee is not in the public interest as defined under regulations adopted by the 26
commissioner of administration; 27
(8) provide guardians ad litem in proceedings under AS 47.30.839; 28
(9) provide legal representation to an indigent parent of a child with a 29
disability; in this paragraph, "child with a disability" has the meaning given in 30
AS 14.30.350; 31
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(10) investigate complaints and bring civil actions under 1
AS 44.21.415(a) involving fraud committed against residents of the state who are 60 2
years of age or older; in this paragraph, "fraud" has the meaning given in 3
AS 44.21.415. 4
* Sec. 89. AS 44.21.440(b) is amended to read: 5
(b) The office of public advocacy may not use improper pressure to influence 6
the professional judgment of a person who is paid by the office of public advocacy to 7
act as an attorney or a guardian ad litem for a guardianship or conservatorship 8
established under AS 13.29 [AS 13.26]. 9
* Sec. 90. AS 44.41.025(d) is amended to read: 10
(d) Each of the following may submit a complete set of fingerprints of the 11
person designated for inclusion in the Alaska automated fingerprint system: 12
(1) a person may submit the person's own fingerprints; 13
(2) the parent or guardian of a minor who is two years of age or older 14
may submit the minor's fingerprints; and 15
(3) the guardian or conservator of a person under AS 13.29 [AS 13.26] 16
may submit the fingerprints of the person protected by the guardian or conservator. 17
* Sec. 91. AS 45.48.220 is amended to read: 18
Sec. 45.48.220. Request by parent or legal guardian. A parent, legal 19
guardian, or conservator of a minor, incapacitated person, or individual subject to 20
guardianship or conservatorship [PROTECTED PERSON] may make a request 21
under AS 45.48.100 - 45.48.290 on behalf of a consumer who is the minor, 22
incapacitated person, or individual subject to guardianship or conservatorship 23
[PROTECTED PERSON] under the supervision of that parent, legal guardian, or 24
conservator. If a consumer credit report does not exist at the time of a request under 25
this section, the consumer credit reporting agency shall generate a consumer credit 26
report for the purpose of placing a security freeze. In this section, 27
(1) "conservator" means a person appointed or qualified by a court to 28
manage the property of an individual or a person legally authorized to perform 29
substantially the same functions, including under AS 13.29.155 - 13.29.315; 30
(2) "incapacitated person" has the meaning given in as 47.24.900; 31
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(3) "individual subject to conservatorship" means an individual 1
for whom a conservator has been appointed; 2
(4) "individual subject to guardianship" means an individual for 3
whom a guardian has been appointed; 4
(5) "minor" means a child under 18 years of age who has not had the 5
disabilities of a minor removed as described in AS 09.55.590 [; 6
(4) "PROTECTED PERSON" HAS THE MEANING GIVEN IN 7
AS 13.27.490]. 8
* Sec. 92. AS 47.10.086(a) is amended to read: 9
(a) Except as provided in (b), (c), and (g) of this section, the department shall 10
make timely, reasonable efforts to provide family support services to the child and to 11
the parents or guardian of the child that are designed to prevent out-of-home 12
placement of the child or to enable the safe return of the child to the family home, 13
when appropriate, if the child is in an out-of-home placement. The department's duty 14
to make reasonable efforts under this subsection includes the duty to 15
(1) identify family support services that will assist the parent or 16
guardian in remedying the conduct or conditions in the home that made the child a 17
child in need of aid; 18
(2) actively offer the parent or guardian, and refer the parent or 19
guardian to, the services identified under (1) of this subsection; the department shall 20
refer the parent or guardian to, and distribute to the parent or guardian information on, 21
community-based family support services whenever community-based services are 22
available and desired by the parent or guardian; the information may include the use of 23
a power of attorney under AS 13.29.535 [AS 13.26.066] to select an individual to care 24
for the child temporarily; and 25
(3) document the department's actions that are taken under (1) and (2) 26
of this subsection. 27
* Sec. 93. AS 47.10.111(a) is amended to read: 28
(a) Except as provided under AS 13.29.425(e)(2) [AS 13.26.137(b)(2)] and 29
AS 25.23.030(d)(2), if a person seeks adoption or appointment as legal guardian of a 30
child in state custody under this chapter, the court shall hear the adoption or 31
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guardianship proceedings as part of the child-in-need-of-aid proceedings relating to 1
the child. A person may initiate proceedings for the adoption or legal guardianship of a 2
child in state custody under this chapter by filing with the court a petition 3
(1) for adoption that meets the requirements of AS 25.23.080; or 4
(2) to be appointed legal guardian that meets the requirements of 5
AS 13.29.005 - 13.29.055 [AS 13.26.147]. 6
* Sec. 94. AS 47.10.111(f) is amended to read: 7
(f) Except as provided in this section, the requirements of AS 25.23 apply to a 8
petition for adoption filed under this section, and the requirements of AS 13.29.005 - 9
13.29.055 [AS 13.26.101 - 13.26.186] apply to a petition for legal guardianship filed 10
under this section. 11
* Sec. 95. AS 47.10.112(b) is amended to read: 12
(b) A proxy filed under this section does not initiate proceedings for adoption 13
or legal guardianship. A person seeking to adopt a child in state custody must file a 14
petition for adoption as required under AS 25.23. A person seeking to be appointed 15
legal guardian of a child in state custody must file a petition for appointment as 16
required under AS 13.29.005 - 13.29.055 [AS 13.26.101 - 13.26.186]. 17
* Sec. 96. AS 47.24.015(c) is amended to read: 18
(c) The department or its designee shall immediately terminate an 19
investigation under this section upon the request of the vulnerable adult who is the 20
subject of the report made under AS 47.24.010. However, the department or its 21
designee may not terminate the investigation if the investigation to that point has 22
resulted in probable cause to believe that the vulnerable adult is in need of protective 23
services and the request is made personally by the vulnerable adult and the vulnerable 24
adult is not competent to make the request on the adult's own behalf, or the request is 25
made by the vulnerable adult's guardian, attorney-in-fact, or surrogate decision maker 26
and that person is the alleged perpetrator of the undue influence, abandonment, 27
exploitation, abuse, or neglect of the vulnerable adult and is being investigated under 28
this chapter. If the department has probable cause to believe that the vulnerable adult 29
is in need of protective services, 30
(1) the department may petition the court as set out in AS 47.24.019; 31
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(2) the department or its designee may refer the report made to the 1
department under AS 47.24.010 to a police officer for criminal investigation; or 2
(3) in cases involving fraud, the department or its designee may refer 3
the report made to the department under AS 47.24.010 to the office of public advocacy 4
for investigation; in this paragraph, "fraud" means 5
(A) robbery, extortion, and coercion under AS 11.41.500 - 6
11.41.530; 7
(B) offenses against property under AS 11.46.100 - 8
11.46.740; or 9
(C) exploitation of another person or another person's 10
resources for personal profit or advantage if no significant benefit accrues 11
to the person who is exploited [HAS THE MEANING GIVEN IN 12
AS 13.26.595]. 13
* Sec. 97. AS 47.24.019(a) is amended to read: 14
(a) If, after investigation under AS 47.24.015, the department has reasonable 15
cause to believe that a vulnerable adult is in need of protective services and is an 16
incapacitated person, the department may petition the court under AS 13.29 17
[AS 13.26] for appointment of a guardian or temporary guardian, or for a change of 18
guardian, for the vulnerable adult for the purpose of deciding whether to consent to the 19
receipt of protective services for the vulnerable adult. 20
* Sec. 98. AS 47.24.900(8) is amended to read: 21
(8) "exploitation" 22
(A) means unjust or improper use of another person or another 23
person's resources for one's own profit or advantage, with or without the 24
person's consent; and 25
(B) includes acts by a person who stands in a position of trust 26
or confidence with a vulnerable adult or who knows or should know that the 27
vulnerable adult lacks the capacity to consent that involve obtaining profit or 28
advantage through undue influence, deception, fraud, intimidation, or breach of 29
fiduciary duty; in this subparagraph, "fraud" means 30
(i) robbery, extortion, and coercion under 31
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AS 11.41.500 - 11.41.530; or 1
(ii) offenses against property under AS 11.46.100 - 2
11.46.740 [HAS THE MEANING GIVEN IN AS 13.26.595(1) AND 3
(2)]; 4
* Sec. 99. AS 47.24.900(15) is amended to read: 5
(15) "protective services" means services that are intended to prevent 6
or alleviate harm resulting from undue influence, abandonment, exploitation, abuse, 7
neglect, or self-neglect and that are provided to a vulnerable adult in need of 8
protection; in this paragraph, "services" includes 9
(A) protective placement; 10
(B) applying for or obtaining public benefits; 11
(C) obtaining health care services and supplies; 12
(D) staying financial transactions; 13
(E) petitioning for a protective arrangement [ORDER] under 14
AS 13.29.333 [AS 13.26.401 - 13.26.460]; 15
(F) assisting with personal hygiene; 16
(G) obtaining food and clothing; 17
(H) protection from physical and emotional abuse; 18
(I) obtaining representative payee services; and 19
(J) coordinating protective services; 20
* Sec. 100. AS 47.30.835(b) is amended to read: 21
(b) Court-ordered evaluation or treatment under AS 47.30.660 - 47.30.915 is 22
not a determination that an individual requires a guardianship, conservatorship, 23
or a protective arrangement instead of guardianship or conservatorship under 24
AS 13.29 [OF LEGAL INCAPACITY UNDER AS 13.26.005 - 13.26.580]. 25
* Sec. 101. AS 08.26.190(9), 08.26.190(10); AS 13.06.050(44), 13.06.050(45), 26
13.06.050(61); AS 13.26.001, 13.26.005, 13.26.010, 13.26.021, 13.26.031, 13.26.041, 27
13.26.051, 13.26.066, 13.26.101, 13.26.121, 13.26.126, 13.26.132, 13.26.137, 13.26.143, 28
13.26.147, 13.26.153, 13.26.157, 13.26.162, 13.26.167, 13.26.171, 13.26.181, 13.26.186, 29
13.26.201, 13.26.211, 13.26.216, 13.26.221, 13.26.226, 13.26.231, 13.26.236, 13.26.241, 30
13.26.246, 13.26.251, 13.26.256, 13.26.261, 13.26.266, 13.26.271, 13.26.276, 13.26.281, 31
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13.26.286, 13.26.291, 13.26.296, 13.26.301, 13.26.306, 13.26.311, 13.26.316, 13.26.401, 1
13.26.406, 13.26.411, 13.26.415, 13.26.420, 13.26.425, 13.26.430, 13.26.435, 13.26.440, 2
13.26.445, 13.26.450, 13.26.455, 13.26.460, 13.26.465, 13.26.470, 13.26.475, 13.26.480, 3
13.26.485, 13.26.490, 13.26.495, 13.26.500, 13.26.505, 13.26.510, 13.26.515, 13.26.520, 4
13.26.525, 13.26.530, 13.26.535, 13.26.540, 13.26.545, 13.26.550, 13.26.555, 13.26.560, 5
13.26.565, 13.26.570, 13.26.575, 13.26.580, 13.26.595; AS 13.27.490(6), 13.27.490(9); 6
AS 13.52.040; and AS 13.63.190(19) are repealed. 7
* Sec. 102. The uncodified law of the State of Alaska is amended by adding a new section 8
to read: 9
INDIRECT COURT RULE AMENDMENT. The provisions of this Act have the 10
effect of changing the Alaska Rules of Probate Procedure. 11
* Sec. 103. The uncodified law of the State of Alaska is amended by adding a new section 12
to read: 13
INDIRECT COURT RULE AMENDMENT. AS 13.29.040(f), 13.29.115(f), and 14
13.29.215(f), enacted by sec. 66 of this Act, have the effect of changing Rule 77(c), Alaska 15
Rules of Civil Procedure, by requiring a hearing within five days of the appointment of an 16
emergency guardian or conservator. 17
* Sec. 104. The uncodified law of the State of Alaska is amended by adding a new section 18
to read: 19
APPLICABILITY. (a) This Act applies to a proceeding for appointment of a guardian 20
or conservator or for a protective arrangement instead of guardianship or conservatorship 21
commenced on or after the effective date of this Act. 22
(b) AS 11.56.740(a), as amended by sec. 22 of this Act, and AS 11.56.740(c), as 23
amended by sec. 23 of this Act, apply to offenses committed on or after the effective date of 24
this Act. 25
(c) AS 13.29.030(b) and 13.29.100(a), enacted by sec. 66 of this Act, apply to 26
appointments of guardians by will made on or after the effective date of this Act. 27
* Sec. 105. The uncodified law of the State of Alaska is amended by adding a new section 28
to read: 29
TRANSITION: POWER OF ATTORNEY FOR MINOR CHILD. (a) A power of 30
attorney executed by a guardian of a minor child under AS 13.26.066, repealed by sec. 101 of 31
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this Act, before the effective date of this Act may remain in effect until the power of attorney 1
expires, is terminated, or is revoked, as provided under AS 13.26.066, as that section read on 2
the day before the effective date of this Act, and must otherwise comply with AS 13.26.066, 3
as that section read on the day before the effective date of this Act. 4
(b) A power of attorney executed by a parent of a minor child under AS 13.26.066, 5
repealed by sec. 101 of this Act, before the effective date of this Act may remain in effect 6
until the power of attorney expires, is terminated, or is revoked, as provided under 7
AS 13.26.066, as that section read on the day before the effective date of this Act, but must 8
otherwise comply with AS 13.29.535, enacted by sec. 66 of this Act. 9
* Sec. 106. The uncodified law of the State of Alaska is amended by adding a new section 10
to read: 11
TRANSITION: GUARDIANSHIP AND CONSERVATORSHIP. A guardianship or 12
conservatorship established under AS 13.26.001 - 13.26.595, repealed by sec. 101 of this Act, 13
that is in effect on the day before the effective date of this Act shall retain the powers and 14
duties assigned to the guardian or conservator until the guardianship or conservatorship is 15
terminated or modified. AS 13.29, enacted by sec. 66 of this Act, governs the termination or 16
modification of a guardianship or conservatorship under this section. 17
* Sec. 107. The uncodified law of the State of Alaska is amended by adding a new section 18
to read: 19
TRANSITION: PROTECTIVE ORDERS. A protective order issued under 20
AS 13.26.450, 13.26.455, or 13.26.460, repealed by sec. 101 of this Act, that is in effect on 21
the day before the effective date of this Act 22
(1) remains in effect until the date the protective order expires under 23
AS 13.26.450, 13.26.455, or 13.26.460, as those sections read on the day before the effective 24
date of this Act; and 25
(2) may be modified under AS 13.26.460, as that section read on the day 26
before the effective date of this Act. 27
* Sec. 108. The uncodified law of the State of Alaska is amended by adding a new section 28
to read: 29
CONDITIONAL EFFECT. This Act takes effect only if secs. 102 and 103 of this Act 30
receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of 31
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the State of Alaska. 1
* Sec. 109. This Act takes effect July 1, 2027. 2