00                             SENATE BILL NO. 63                                                                          
01 "An Act relating to the appointment of a temporary guardian for a missing person; and                                   
02 amending Rule 17, Alaska Rules of Probate Procedure."                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 13.26.301 is amended by adding a new subsection to read:                                           
05 (g)  Unless another petition for guardianship of an individual is pending, an                                           
06 interested person may petition the court to be appointed the temporary guardian of a                                    
07 missing adult individual for the limited purpose of viewing the individual's financial                                  
08 institution records and wireless telephone service records to determine if the records                                  
09 can help locate the individual. The court may appoint the petitioner as the temporary                                   
10 guardian of the individual if the court determines that the individual is missing, there                                
11 is an imminent danger that the physical health or safety of the individual will be                                      
12 seriously impaired, and access to the records may help to locate the individual. To                                     
13 prove that an individual is missing, the petitioner shall report to the court the results of                            
14 a reasonably diligent search made by the petitioner for the individual. The search must                                 
01 be performed in a manner reasonably designed to locate the individual, including                                        
02 contacting law enforcement officials and public welfare agencies in appropriate areas                                   
03 of the state to determine if the officials and agencies have information on the                                         
04 individual, placing a notice in a newspaper or other publication requesting information                                 
05 on the missing individual, or using an investigator to locate the individual. If a                                      
06 petitioner is appointed as a temporary guardian, the temporary guardianship may last                                    
07 not longer than 30 days. The temporary guardian may view the individual's financial                                     
08 institution records and wireless telephone service records but may not use the records                                  
09 to make financial or other transactions. The temporary guardian has only the powers                                     
10 and duties identified in the order of the court. Other provisions under this section do                                 
11 not apply to this subsection. In this subsection, "interested person" includes a person                                 
12 who is related to the missing individual by blood, marriage, or adoption, a friend of                                   
13 the missing individual, or a person who has demonstrated an interest in the welfare of                                  
14       the missing individual.                                                                                           
15    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
16 read:                                                                                                                   
17 INDIRECT COURT RULE AMENDMENT. AS 13.26.301(g), added by sec. 1 of this                                                 
18 Act, has the effect of amending Rule 17, Alaska Rules of Probate Procedure, relating to                                 
19 protective proceedings, by allowing temporary limited guardianships for the purpose of                                  
20 locating missing adult persons.