CSSB 101(2d L&C): "An Act relating to private professional conservators, private and public guardians, and court hearings on the issue of incapacity; and establishing uniform adult guardianship and conservator jurisdiction and procedures."
00 CS FOR SENATE BILL NO. 101(2d L&C) 01 "An Act relating to private professional conservators, private and public guardians, and 02 court hearings on the issue of incapacity; and establishing uniform adult guardianship 03 and conservator jurisdiction and procedures." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.26.010 is amended to read: 06 Sec. 08.26.010. License required. Except as provided by AS 08.26.180, a 07 person may not engage in the business of providing services as a private professional 08 guardian or [A] conservator unless the person has a license issued under this chapter. 09 * Sec. 2. AS 08.26.020 is amended to read: 10 Sec. 08.26.020. Requirements for [INDIVIDUAL] private professional full 11 and partial guardian licenses [LICENSE]. The department shall issue a [AN 12 INDIVIDUAL] private professional full guardian license to an individual 13 (1) who is at least 21 years of age; 14 (2) who has two or more years of professional client casework
01 experience or at least an associate degree in human services, social work, psychology, 02 sociology, gerontology, special education, or a closely related field; 03 (3) who is certified as a guardian by a nationally recognized 04 organization in the field of guardianships; 05 (4) [WHO PROVIDES PROOF SATISFACTORY TO THE 06 DEPARTMENT THAT THE INDIVIDUAL IS ABLE TO BE BONDED AND 07 INSURED; 08 (5)] whose criminal history record checks under AS 08.26.070 show 09 that the individual has not been convicted of a felony or of a misdemeanor offense in 10 the state or in any other jurisdiction involving fraud, misrepresentation, material 11 omission, misappropriation, theft, conversion, or any other crime the department 12 determines would affect the individual's ability to provide the services of a 13 guardian competently and safely for the protected person [CRIME] within 10 14 years before [OF] the application; 15 (5) [THAT WOULD AFFECT THE INDIVIDUAL'S ABILITY TO 16 PROVIDE THE SERVICES OF A GUARDIAN COMPETENTLY AND SAFELY 17 FOR THE WARD; AND (6)] who satisfies the application requirements of 18 AS 08.26.060; and 19 (6) who satisfies the requirements for obtaining a private 20 professional conservator license under AS 08.26.030. 21 * Sec. 3. AS 08.26.020 is amended by adding a new subsection to read: 22 (b) The department shall issue a private professional partial guardian license 23 to an individual who satisfies the requirements under (a)(1) - (5) of this section. A 24 licensed private professional partial guardian may not perform conservator services. 25 * Sec. 4. AS 08.26.030 is amended to read: 26 Sec. 08.26.030. Requirements for [INDIVIDUAL] private professional 27 conservator license. The department shall issue a [AN INDIVIDUAL] private 28 professional conservator license to an individual 29 (1) who is at least 21 years of age; 30 (2) who has obtained a high school diploma, or a general education 31 development diploma or its equivalent;
01 (3) who has six months' employment experience in a position 02 involving financial management, or has at least an associate degree in accounting or a 03 closely related field; 04 (4) who is certified as a guardian by a nationally recognized 05 organization in the field of guardianships; 06 (5) [WHO PROVIDES PROOF SATISFACTORY TO THE 07 DEPARTMENT THAT THE INDIVIDUAL IS ABLE TO BE BONDED AND 08 INSURED; 09 (6)] whose criminal history record checks under AS 08.26.070 show 10 that the individual [PERSON] has not been convicted of a felony or of a 11 misdemeanor offense in the state or in any other jurisdiction involving fraud, 12 misrepresentation, material omission, misappropriation, theft, conversion, or any 13 other crime that the department determines would affect the individual's ability 14 to provide the services of a conservator competently and safely for the protected 15 person [CRIME] within 10 years before the application [THAT WOULD AFFECT 16 THE INDIVIDUAL'S ABILITY TO PROVIDE THE SERVICES OF A 17 CONSERVATOR COMPETENTLY AND SAFELY FOR THE PROTECTED 18 PERSON]; and 19 (6) [(7)] who satisfies the application requirements of AS 08.26.060. 20 * Sec. 5. AS 08.26.060 is amended to read: 21 Sec. 08.26.060. Application requirements. To apply for a license under this 22 chapter, a person shall submit an application on a form provided by the department 23 and submit 24 (1) two complete fingerprint cards containing fingerprints and other 25 information required by the Department of Public Safety to obtain state and national 26 criminal history record information under AS 12.62 and AS 12.64; [THE 27 FINGERPRINTS MUST BE THE FINGERPRINTS OF THE APPLICANT IF THE 28 APPLICANT IS AN INDIVIDUAL, OR, IF THE APPLICANT IS AN 29 ORGANIZATION, FINGERPRINTS OF THE 30 (A) OFFICERS OF THE ORGANIZATION, IF THE 31 APPLICANT IS A CORPORATION;
01 (B) MEMBERS OF THE ORGANIZATION, IF THE 02 APPLICANT IS A LIMITED LIABILITY COMPANY; 03 (C) PARTNERS OF THE ORGANIZATION, IF THE 04 APPLICANT IS A PARTNERSHIP;] 05 (2) [PROOF OF THE ABILITY TO BE INSURED AND BONDED; 06 (3)] a written waiver of confidentiality signed by the applicant 07 allowing the department to access at any time relevant complaint information made 08 about the applicant to adult protective services, the designated protection and 09 advocacy agency, the long-term care ombudsman, or an entity that certifies or licenses 10 private professional guardians or private professional conservators; 11 (3) [(4)] a written statement signed by the applicant that the applicant 12 will allow immediate access at any time to the department to the file of a ward or 13 protected person and to financial information regarding the applicant, including 14 corporate or other business records; and 15 (4) [(5) A DETAILED RESUME, INCLUDING RELEVANT 16 EXPERIENCE, FOR EACH EMPLOYEE AND CONTRACTOR OF THE 17 APPLICANT WHO MAY PROVIDE SERVICES TO A WARD OR PROTECTED 18 PERSON; 19 (6)] payment of the application fee, any criminal history record 20 information checks fee charged under AS 12.62.160(d), and any other fees required by 21 the department [; AND 22 (7) IF THE APPLICANT IS NOT AN INDIVIDUAL, A COPY OF 23 THE DOCUMENTS UNDER WHICH THE APPLICANT WAS FORMED, 24 INCLUDING ARTICLES OF INCORPORATION AND BYLAWS IF THE 25 APPLICANT IS A CORPORATION]. 26 * Sec. 6. AS 08.26.080 is amended to read: 27 Sec. 08.26.080. Annual report. Within 30 days following the end of each 28 calendar year, a licensee shall submit to the office of public advocacy, Department 29 of Administration [DEPARTMENT] 30 (1) evidence of the [INITIAL AND] continuing existence of a court 31 ordered bond, if any, [AND PROFESSIONAL LIABILITY INSURANCE] required
01 by a court to be maintained by the guardian or conservator; 02 (2) a list, including case numbers, of the wards and protected persons 03 for whom the licensee is acting as a private professional guardian or private 04 professional conservator; 05 (3) an accurate financial statement of the licensee, including total fees 06 collected from the protected person, total business expenses, and documents 07 necessary to establish financial solvency of the licensee; 08 (4) a letter stating that the licensee has filed all required court reports 09 in the previous calendar year; and 10 (5) a copy of all of the licensee's federal tax documents filed with the 11 Internal Revenue Service and all of the licensee's correspondence with the Internal 12 Revenue Service for the calendar year [; AND 13 (6) A LIST OF ALL PERSONS CURRENTLY EMPLOYED BY 14 THE LICENSEE IN THE BUSINESS FOR WHICH THE LICENSE WAS ISSUED]. 15 * Sec. 7. AS 08.26.080 is amended by adding a new subsection to read: 16 (b) The office of public advocacy shall notify the department of the licensee's 17 compliance with (a) of this section. 18 * Sec. 8. AS 08.26.100 is amended to read: 19 Sec. 08.26.100. Court appointment. An individual [A PERSON] who 20 engages in the business of providing services as a private guardian or conservator 21 may not be appointed as a guardian or a conservator in a court proceeding unless the 22 individual [PERSON] is licensed under this chapter or exempt under AS 08.26.180. 23 * Sec. 9. AS 08.26.130 is amended to read: 24 Sec. 08.26.130. Grounds for disciplinary action. The department may take 25 disciplinary action against an individual [A PERSON] under AS 08.01.075 or refuse 26 to issue or renew a license if the department determines that the individual 27 [PERSON] 28 (1) obtained or attempted to obtain a license under this chapter through 29 deceit, fraud, or intentional misrepresentation; 30 (2) has not complied with the standards of conduct established by the 31 department under AS 13.26.001;
01 (3) forfeited a license in this or another jurisdiction as a result of 02 deceit, fraud, intentional misrepresentation, or professional incompetence; 03 (4) has been found by a court in this state to have engaged in 04 professional misconduct or incompetence; 05 (5) has advertised the individual's [ITS] services in a false or 06 misleading manner; 07 (6) has been convicted, including a conviction based on a guilty plea or 08 plea of nolo contendere, of a felony or other crime that affects the individual's 09 [PERSON'S] ability to provide [THE LICENSEE'S] services competently and safely 10 for the ward or protected person; 11 (7) has been found to have abandoned, exploited, abused, or neglected 12 a vulnerable adult; in this paragraph, "vulnerable adult" has the meaning given in 13 AS 47.24.900; 14 (8) has failed to comply with this chapter or with a regulation adopted 15 under this chapter; 16 (9) has continued or attempted to practice after becoming unfit due to 17 professional incompetence; 18 (10) has failed to maintain certification by a nationally recognized 19 organization in the field of 20 (A) guardianships, if the individual [PERSON] was issued a 21 [AN INDIVIDUAL] private professional guardian license; or 22 (B) conservatorships, if the individual was issued a [AN 23 INDIVIDUAL] private professional conservator license; or 24 (11) fails to maintain a bond or other surety as required by a court 25 order [IS NOT ABLE TO BE BONDED AND INSURED; OR 26 (12) IF THE LICENSEE HAS AN ORGANIZATIONAL LICENSE, 27 (A) DOES NOT MAINTAIN A PLACE OF BUSINESS IN 28 THIS STATE; 29 (B) IS NOT IN COMPLIANCE WITH THE STATE AND 30 FEDERAL REQUIREMENTS THAT APPLY TO THE ORGANIZATION; 31 OR
01 (C) HAS AN EMPLOYEE WHO PROVIDES THE 02 SERVICES OF A PRIVATE PROFESSIONAL GUARDIAN OR PRIVATE 03 PROFESSIONAL CONSERVATOR FOR THE ORGANIZATION AND IS 04 NOT LICENSED UNDER THIS CHAPTER]. 05 * Sec. 10. AS 08.26.180 is amended to read: 06 Sec. 08.26.180. Exemption. An individual who is employed by a [A] 07 financial institution regulated by the federal government or a financial institution 08 regulated under AS 06 by the department is not required to be licensed under this 09 chapter in order to engage, in the course of the individual's employment by the 10 financial institution, in the business of providing services as a guardian or a 11 conservator or be appointed as a private professional guardian or a private professional 12 conservator by a court. In this section [SUBSECTION], "financial institution" does 13 not include a person who is exempt under AS 06.26.020 or who has received an 14 exemption under AS 06.26.200. 15 * Sec. 11. AS 08.26.190 is amended to read: 16 Sec. 08.26.190. Definitions. In this chapter, 17 (1) "conservator" has the meaning given in AS 13.06.050; 18 (2) "department" means the Department of Commerce, Community, 19 and Economic Development; 20 (3) "guardian" has the meaning given in AS 13.06.050; 21 (4) "licensee" means a person licensed under this chapter; 22 (5) ["ORGANIZATIONAL LICENSE" MEANS A LICENSE 23 ISSUED UNDER AS 08.26.040; 24 (6)] "private professional conservator" means an individual [A 25 PERSON] who acts as a conservator under AS 13.26.165 - 13.26.320 and receives 26 compensation for acting in that capacity for an individual who is not an immediate 27 family member of the conservator; 28 (6) [(7)] "private professional conservator license" means a license 29 issued under AS 08.26.030; 30 (7) [(8)] "private professional guardian" means an individual [A 31 PERSON] who acts as a guardian under AS 13.26.030 - 13.26.150 [AS 13.26.030 -
01 13.26.155] and receives compensation for acting in that capacity for an individual 02 who is not an immediate family member of the guardian; 03 (8) [(9)] "private professional guardian license" means a license issued 04 under AS 08.26.020; 05 (9) [(10)] "protected person" has the meaning given in AS 13.26.005; 06 (10) [(11)] "ward" has the meaning given in AS 13.26.005. 07 * Sec. 12. AS 13.26.010 is amended by adding a new subsection to read: 08 (c) This section is subject to the requirements of AS 13.27 (Uniform Adult 09 Guardianship and Protective Proceedings Jurisdiction Act). 10 * Sec. 13. AS 13.26.095(d) is amended to read: 11 (d) On the filing with the court in which the will was probated of written 12 objection to the appointment by the person for whom a testamentary appointment of 13 guardian has been made, the appointment is terminated. An objection does not prevent 14 appointment by the court in a proper proceeding of the testamentary nominee or any 15 other suitable person upon an adjudication of incapacity in proceedings under 16 AS 13.26.100 - 13.26.150 [AS 13.26.100 - 13.26.155]. 17 * Sec. 14. AS 13.26.109(b) is amended to read: 18 (b) Statements of a ward or respondent in the course of evaluations, 19 examinations, and treatment under AS 13.26.090 - 13.26.150 [AS 13.26.090 - 20 13.26.155] are privileged, confidential, and not admissible without the ward's or 21 respondent's consent in any civil or criminal proceeding other than proceedings under 22 AS 13.26.090 - 13.26.150 [AS 13.26.090 - 13.26.155]. A ward or respondent at all 23 times has the right to refuse to answer questions if the answers may tend to incriminate 24 the ward or respondent. 25 * Sec. 15. AS 13.26.109(c) is amended to read: 26 (c) During an interview or a testing conducted under AS 13.26.090 - 27 13.26.150 [AS 13.26.090 - 13.26.155], a ward or respondent has the right to be 28 accompanied by an attorney or expert of the ward's or respondent's own choosing. 29 * Sec. 16. AS 13.26.109(d) is amended to read: 30 (d) The court, if requested by a ward or respondent in preparation for and in 31 connection with a hearing held under AS 13.26.090 - 13.26.150 [AS 13.26.090 -
01 13.26.155], shall appoint an expert having expertise in regard to the alleged or 02 admitted incapacity to examine the respondent and testify on the respondent's behalf. 03 The request shall be filed in court at least five days before the hearing. An expert 04 appointed under this subsection may be the same expert appointed under 05 AS 13.26.106(c). 06 * Sec. 17. AS 13.26.113(b) is amended to read: 07 (b) The burden of proof by clear and convincing evidence is upon the 08 petitioner, and a determination of incapacity shall be made before 09 consideration of proper disposition. If the respondent stipulates to 10 incapacity, the court may make a finding of incapacity without obtaining 11 evidence from the expert appointed under AS 13.26.106(c). 12 * Sec. 18. AS 13.26.145(f) is amended to read: 13 (f) When in the best interest of the incapacitated person, a court may 14 decline to appoint a person who has priority under (d) of this section as 15 guardian of an incapacitated person and may appoint as guardian a person who 16 has a lower priority than another person or who does not have a priority. If the 17 court appoints a person with a lower priority under (d) of this section than 18 another person, the court shall make appropriate written findings related 19 to why the best interests of the respondent require appointment of the 20 person with a lower priority. 21 * Sec. 19. AS 13.26.170 is amended to read: 22 Sec. 13.26.170. Protective proceedings; jurisdiction of affairs of protected 23 persons. Except as otherwise provided under AS 13.27.110, after [AFTER] the 24 service of notice in a proceeding seeking the appointment of a conservator or other 25 protective order and until termination of the proceeding, the court in which the petition 26 is filed has 27 [(1)] exclusive jurisdiction to determine 28 (1) the need for a conservator or other protective order until the 29 proceedings are terminated; and 30 (2) [EXCLUSIVE JURISDICTION TO DETERMINE] how the estate 31 of the protected person that [WHICH] is subject to the laws of this state shall be
01 managed, expended, or distributed to or for the use of the protected person or any of 02 the person's dependents [; 03 (3) CONCURRENT JURISDICTION TO DETERMINE THE 04 VALIDITY OF CLAIMS AGAINST THE PERSON OR ESTATE OF THE 05 PROTECTED PERSON AND THE PERSON'S TITLE TO ANY PROPERTY OR 06 CLAIM]. 07 * Sec. 20. AS 13.26.210(f) is amended to read: 08 (f) When in the best interest of the protected person, a court may decline to 09 appoint a person who has priority under (d) of this section as conservator of the 10 protected person and may appoint as conservator a person who has a lower priority 11 than another person or who does not have a priority. If the court appoints a person 12 with a lower priority under (d) of this section than another person, the court shall 13 make appropriate written findings related to why the best interests of the 14 respondent require appointment of the person with a lower priority. 15 * Sec. 21. AS 13.26.380 is amended by adding a new subsection to read: 16 (e) The records required to be kept and maintained under (c)(3) of this section 17 are confidential and are not subject to inspection or copying under AS 40.25.110 - 18 40.25.120 unless the records are relevant to an investigation or proceeding involving 19 the public guardian or a case in which the public guardian provided guardianship or 20 conservatorship services. 21 * Sec. 22. AS 13.26.400 is amended to read: 22 Sec. 13.26.400. Staff; delegation of powers and duties. The public guardian 23 may employ staff and delegate to members of the staff or to volunteers the powers and 24 duties as guardian or conservator and other powers and duties under this chapter. 25 However, the public guardian retains responsibility for the proper performance of the 26 delegated powers and duties. The public guardian may only delegate powers and 27 duties under this chapter to an individual who meets [ALL DELEGATIONS 28 SHALL BE TO PERSONS WHO MEET] the eligibility requirements of 29 AS 13.26.145 and has passed the criminal history record information check 30 under AS 08.26.070. In addition, the individual must either hold a current 31 certification as a guardian from a nationally recognized organization at the time
01 of the delegation or apply for and receive that certification within one year of the 02 delegation. 03 * Sec. 23. AS 13.26.410(e) is amended to read: 04 (e) Before the office of public advocacy releases a ward's funds following 05 the termination of the public guardian's appointment, the office may collect from 06 the ward's funds held by the office the [THE] reasonable value of the services 07 rendered without cost to the ward or protected person [SHALL BE ALLOWED AS A 08 CLAIM AGAINST THE ESTATE UPON THE DEATH OF THE WARD OR 09 PROTECTED PERSON]. 10 * Sec. 24. AS 13 is amended by adding a new chapter to read: 11 Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. 12 Article 1. Application; Cooperation between Courts. 13 Sec. 13.27.010. International application of this chapter. A court of this 14 state may treat a foreign country as if it were a state for the purpose of applying 15 AS 13.27.010 - 13.27.210, 13.27.400, 13.27.410, and 13.27.490. 16 Sec. 13.27.020. Communication between courts. (a) A court of this state may 17 communicate with a court in another state concerning a proceeding arising under this 18 chapter. The court may allow the parties to participate in the communication. Except 19 as otherwise provided in (b) of this section, the court shall make a record of the 20 communication. 21 (b) Courts may communicate concerning administrative matters that involve 22 schedules, calendars, and court records without making a record. 23 Sec. 13.27.030. Cooperation between courts. (a) In a guardianship or 24 protective proceeding in this state, a court may request the appropriate court of another 25 state to 26 (1) hold an evidentiary hearing; 27 (2) order a person in that state to produce evidence or give testimony 28 under procedures of that state; 29 (3) order that an evaluation or assessment be made of the respondent; 30 (4) order any appropriate investigation of a person involved in a 31 proceeding;
01 (5) forward to the court a certified copy of the transcript or other 02 record of a hearing under (1) of this subsection or any other proceeding, any evidence 03 otherwise produced under (2) of this subsection, and any evaluation or assessment 04 prepared in compliance with an order under (3) or (4) of this subsection; 05 (6) issue any order necessary to assure the appearance in the 06 proceeding of a person whose presence is necessary for the court to make a 07 determination, including the respondent or the incapacitated or protected person; 08 (7) issue an order authorizing the release of medical, financial, 09 criminal, or other relevant information in that state, including protected health 10 information as defined in 45 CFR 164.504, as amended. 11 (b) If a court of another state in which a guardianship or protective proceeding 12 is pending requests assistance of the kind provided in (a) of this section, a court of this 13 state has jurisdiction for the limited purpose of granting the request or making 14 reasonable efforts to comply with the request. 15 Sec. 13.27.040. Taking testimony in another state. (a) In a guardianship or 16 protective proceeding, in addition to other procedures that may be available, testimony 17 of a witness who is located in another state may be offered by deposition or other 18 means allowable in this state for testimony taken in another state. The court on its own 19 motion may request that the testimony of a witness be taken in another state and may 20 prescribe the manner in which and the terms on which the testimony is to be taken. 21 (b) In a guardianship or protective proceeding, a court in this state may permit 22 a witness located in another state to be deposed or to testify by telephone or 23 audiovisual or other electronic means. A court of this state shall cooperate with the 24 court of the other states in designating an appropriate location for the deposition or 25 testimony. 26 Article 2. Jurisdiction. 27 Sec. 13.27.100. Exclusive basis. AS 13.27.100 - 13.27.180 provide the 28 exclusive basis for subject matter jurisdiction for a court of this state to appoint a 29 guardian or issue a protective order for an adult. 30 Sec. 13.27.110. Jurisdiction. A court of this state has jurisdiction to appoint a 31 guardian or issue a protective order for a respondent if
01 (1) this state is the respondent's home state; 02 (2) on the date the petition is filed, this state is a significant-connection 03 state, and 04 (A) the respondent does not have a home state or a court of the 05 respondent's home state has declined to exercise jurisdiction because this state 06 is a more appropriate forum; or 07 (B) the respondent has a home state, a petition for an 08 appointment or order is not pending in a court of that state or another 09 significant-connection state, and, before the court makes an appointment or 10 issues an order, 11 (i) a petition for an appointment or order is not filed in 12 the respondent's home state; 13 (ii) an objection to the court's jurisdiction is not filed by 14 a person required to be notified of the proceeding; and 15 (iii) the court in this state concludes that it is an 16 appropriate forum under the factors set out in AS 13.27.140; 17 (3) this state does not have jurisdiction under either (1) or (2) of this 18 section and the respondent's home state and all significant-connection states have 19 declined to exercise jurisdiction under AS 13.27.140 because 20 (A) this state is the more appropriate forum; and 21 (B) jurisdiction in this state is consistent with the constitutions 22 of this state and the United States; or 23 (4) the requirements for special jurisdiction under AS 13.27.120 are 24 met. 25 Sec. 13.27.120. Special jurisdiction. (a) A court of this state lacking 26 jurisdiction under AS 13.27.110 has special jurisdiction to 27 (1) appoint a guardian in an emergency for a term not exceeding 90 28 days for a respondent who is physically present in this state; 29 (2) issue a protective order with respect to real or tangible personal 30 property located in this state; 31 (3) appoint a guardian or conservator for an incapacitated or protected
01 person for whom a provisional order to transfer the proceeding from another state has 02 been issued under procedures similar to AS 13.27.200. 03 (b) If a petition for the appointment of a guardian in an emergency is brought 04 in this state and this state was not the respondent's home state on the date the petition 05 was filed, the court shall dismiss the proceeding at the request of the court of the home 06 state, if any, whether dismissal is requested before or after the emergency 07 appointment. 08 Sec. 13.27.130. Exclusive and continuing jurisdiction. Except as otherwise 09 provided in AS 13.27.120, a court that has appointed a guardian or issued a protective 10 order consistent with this chapter has exclusive and continuing jurisdiction over the 11 proceeding until it is terminated by the court or the appointment or order expires by its 12 own terms. 13 Sec. 13.27.140. Appropriate forum. (a) A court of this state having 14 jurisdiction under AS 13.27.110 to appoint a guardian or issue a protective order may 15 decline to exercise its jurisdiction if it determines at any time that a court of another 16 state is a more appropriate forum. 17 (b) If a court of this state declines to exercise its jurisdiction under (a) of this 18 section, it shall either dismiss or stay the proceeding. The court may impose any 19 condition the court considers just and proper, including the condition that a petition for 20 the appointment of a guardian or issuance of a protective order be filed promptly in 21 another state. 22 (c) In determining whether it is an appropriate forum, the court shall consider 23 all relevant factors, including 24 (1) any expressed preference of the respondent; 25 (2) whether abuse, neglect, or exploitation of the respondent has 26 occurred or is likely to occur and which state could best protect the respondent from 27 the abuse, neglect, or exploitation; 28 (3) the length of time the respondent was physically present in or was a 29 legal resident of this or another state; 30 (4) the distance of the respondent from the court in each state; 31 (5) the financial circumstances of the respondent's estate;
01 (6) the nature and location of the evidence; 02 (7) the ability of the court in each state to decide the issue 03 expeditiously and the procedures necessary to present evidence; 04 (8) the familiarity of the court of each state with the facts and issues in 05 the proceeding; and 06 (9) if an appointment were made, the court's ability to monitor the 07 conduct of the guardian or conservator. 08 Sec. 13.27.150. Jurisdiction declined by reason of conduct. (a) If at any time 09 a court of this state determines that it acquired jurisdiction to appoint a guardian or 10 issue a protective order because of unjustifiable conduct, the court may 11 (1) decline to exercise jurisdiction; 12 (2) exercise jurisdiction for the limited purpose of fashioning an 13 appropriate remedy to ensure the health, safety, and welfare of the respondent or the 14 protection of the respondent's property or prevent a repetition of the unjustifiable 15 conduct; the exercise of limited jurisdiction under this paragraph may include staying 16 the proceeding until a petition for the appointment of a guardian or issuance of a 17 protective order is filed in a court of another state having jurisdiction; or 18 (3) continue to exercise jurisdiction after considering 19 (A) the extent to which the respondent and all persons required 20 to be notified of the proceedings have acquiesced in the exercise of the court's 21 jurisdiction; 22 (B) whether it is a more appropriate forum than the court of any 23 other state under the factors set out in AS 13.27.140(c); and 24 (C) whether the court of any other state would have jurisdiction 25 under factual circumstances in substantial conformity with the jurisdictional 26 standards of AS 13.27.110. 27 (b) If a court of this state determines that it acquired jurisdiction to appoint a 28 guardian or issue a protective order because a party seeking to invoke its jurisdiction 29 engaged in unjustifiable conduct, it may assess against that party necessary and 30 reasonable expenses, including attorney fees, investigative fees, court costs, 31 communication expenses, witness fees and expenses, and travel expenses. The court
01 may not assess fees, costs, or expenses of any kind against this state or a governmental 02 subdivision, agency, or instrumentality of this state unless authorized by law other 03 than this chapter. 04 Sec. 13.27.160. Notice of proceeding. If a petition for the appointment of a 05 guardian or issuance of a protective order is brought in this state and this state was not 06 the respondent's home state on the date the petition was filed, in addition to complying 07 with the notice requirements of this state, notice of the petition must be given to those 08 persons who would be entitled to notice of the petition if a proceeding were brought in 09 the respondent's home state. The notice must be given in the same manner as notice is 10 required to be given in this state. 11 Sec. 13.27.170. Proceedings in more than one state. Except for a petition for 12 the appointment of a guardian in an emergency or issuance of a protective order 13 limited to property located in this state under AS 13.27.120(a)(1) or (2), if a petition 14 for the appointment of a guardian or issuance of a protective order is filed in this state 15 and in another state and neither petition has been dismissed or withdrawn, the 16 following rules apply: 17 (1) if the court in this state has jurisdiction under AS 13.27.110, it may 18 proceed with the case unless a court in another state acquires jurisdiction under 19 provisions similar to AS 13.27.110 before the appointment or issuance of the order; 20 (2) if the court in this state does not have jurisdiction under 21 AS 13.27.110, whether at the time the petition is filed or at any time before the 22 appointment or issuance of the order, the court shall stay the proceeding and 23 communicate with the court in the other state; if the court in the other state has 24 jurisdiction, the court in this state shall dismiss the petition unless the court in the 25 other state determines that the court in this state is a more appropriate forum. 26 Sec. 13.27.180. Definitions for AS 13.27.100 - 13.27.180. In AS 13.27.100 - 27 13.27.180, 28 (1) "emergency" means a circumstance that likely will result in 29 substantial harm to a respondent's health, safety, or welfare, and for which the 30 appointment of a guardian is necessary because no other person has authority and is 31 willing to act on the respondent's behalf;
01 (2) "home state" means the state in which the respondent was 02 physically present, including any period of temporary absence, for at least six 03 consecutive months immediately before the filing of a petition for a protective order or 04 the appointment of a guardian; or, if none, the state in which the respondent was 05 physically present, including any period of temporary absence, for at least six 06 consecutive months ending with the six months before the filing of the petition; 07 (3) "significant-connection state" means a state, other than the home 08 state, with which a respondent has a significant connection other than mere physical 09 presence and in which substantial evidence concerning the respondent is available; in 10 determining whether a respondent has a significant connection with a particular state, 11 the court shall consider 12 (A) the location of the respondent's family and others required 13 to be notified of the guardianship or protective proceeding; 14 (B) the length of time the respondent at any time was 15 physically present in the state and the duration of any absences; 16 (C) the location of the respondent's property; and 17 (D) the extent to which the respondent has other ties to the state 18 such as voting registration, filing of state or local tax returns, vehicle 19 registration, driver's license, social relationships, and receipt of services. 20 Article 3. Transfer of Guardianship or Conservatorship. 21 Sec. 13.27.200. Petition to transfer guardianship or conservatorship to 22 another state. (a) A guardian or conservator appointed in this state may petition the 23 court to transfer the guardianship or conservatorship to another state. 24 (b) Notice of a petition to transfer a guardianship or conservatorship under (a) 25 of this section must be given to the persons who would be entitled to notice of a 26 petition in this state for the appointment of a guardian or conservator. 27 (c) On the court's own motion or on request of the guardian or conservator, the 28 incapacitated or protected person, or other person required to be notified of the 29 petition, the court shall hold a hearing on a petition filed under (a) of this section. 30 (d) The court shall issue an order provisionally granting a petition to transfer a 31 guardianship and shall direct the guardian to petition for guardianship in the other state
01 if the court is satisfied that the guardianship will be accepted by the court in the other 02 state and the court finds that 03 (1) the incapacitated person is physically present in or is reasonably 04 expected to move permanently to the other state; 05 (2) an objection to the transfer has not been made or, if an objection 06 has been made, the objector has not established that the transfer would be contrary to 07 the interests of the incapacitated person; and 08 (3) plans for care and services for the incapacitated person in the other 09 state are reasonable and sufficient. 10 (e) The court shall issue a provisional order granting a petition to transfer a 11 conservatorship and shall direct the conservator to petition for conservatorship in the 12 other state if the court is satisfied that the conservatorship will be accepted by the 13 court of the other state and the court finds that 14 (1) the protected person is physically present in or is reasonably 15 expected to move permanently to the other state, or the protected person has a 16 significant connection to the other state considering the factors set out in 17 AS 13.27.180(3); 18 (2) an objection to the transfer has not been made or, if an objection 19 has been made, the objector has not established that the transfer would be contrary to 20 the interests of the protected person; and 21 (3) adequate arrangements will be made for management of the 22 protected person's property. 23 (f) The court shall issue a final order confirming the transfer and terminating 24 the guardianship or conservatorship if the court receives 25 (1) a provisional order issued under provisions similar to AS 13.27.210 26 accepting the proceeding from the court to which the proceeding is to be transferred; 27 and 28 (2) the documents required to terminate a guardianship or 29 conservatorship in this state. 30 Sec. 13.27.210. Accepting guardianship or conservatorship transferred 31 from another state. (a) To confirm transfer of a guardianship or conservatorship
01 transferred to this state under provisions similar to those in AS 13.27.200, the guardian 02 or conservator must petition the court in this state to accept the guardianship or 03 conservatorship. The petition must include a certified copy of the other state's 04 provisional order of transfer. 05 (b) Notice of a petition under (a) of this section must be given to those persons 06 that would be entitled to notice if the petition were a petition for the appointment of a 07 guardian or issuance of a protective order in both the transferring state and this state. 08 The notice must be given in the same manner as notice is required to be given in this 09 state. 10 (c) On the court's own motion or on request of the guardian or conservator, the 11 incapacitated or protected person, or other person required to be notified of the 12 proceeding, the court may hold a hearing on a petition filed under (a) of this section. 13 (d) The court shall issue a provisional order granting a petition filed under (a) 14 of this section unless 15 (1) an objection is made and the objector establishes that transfer of the 16 proceeding would be contrary to the interests of the incapacitated or protected person; 17 or 18 (2) the guardian or conservator is ineligible for an appointment in this 19 state. 20 (e) The court shall issue a final order accepting the proceeding and appointing 21 the guardian or conservator as guardian or conservator in this state on its receipt from 22 the court from which the proceeding is being transferred of a final order issued under 23 provisions similar to AS 13.27.200 transferring the proceeding to this state. 24 (f) Not later than 90 days after issuance of a final order accepting transfer of a 25 guardianship or conservatorship, the court shall determine whether the guardianship or 26 conservatorship needs to be modified to conform to the law of this state. 27 (g) In granting a petition under this section, the court shall recognize a 28 guardianship or conservatorship order from the other state, including the determination 29 of the incapacitated or protected person's incapacity and the appointment of the 30 guardian or conservator. 31 (h) The denial by a court of this state of a petition to accept a guardianship or
01 conservatorship transferred from another state does not affect the ability of the 02 guardian or conservator to seek appointment as guardian or conservator in this state 03 under AS 13.26.116 or 13.26.165 if the court has jurisdiction to make an appointment 04 other than by reason of the provisional order of transfer. 05 Article 4. Registration and Recognition of Orders from Other States. 06 Sec. 13.27.300. Registration of guardianship orders. If a guardian has been 07 appointed in another state and a petition for the appointment of a guardian is not 08 pending in this state, the guardian appointed in the other state, after giving notice to 09 the appointing court of an intent to register, may register the guardianship order in this 10 state by filing as a foreign judgment in a court, in any appropriate judicial district of 11 this state, certified copies of the order and letters of office. 12 Sec. 13.27.310. Registration of protective orders. If a conservator has been 13 appointed in another state and a petition for a protective order is not pending in this 14 state, the conservator appointed in the other state, after giving notice to the appointing 15 court of an intent to register, may register the protective order in this state by filing as 16 a foreign judgment in a court of this state, in any judicial district in which property 17 belonging to the protected person is located, certified copies of the order and letters of 18 office and of any bond. 19 Sec. 13.27.320. Effect of registration. (a) On registration of a guardianship or 20 protective order from another state, the guardian or conservator may exercise in this 21 state all powers authorized in the order of appointment except as prohibited under the 22 laws of this state, including maintaining actions and proceedings in this state and, if 23 the guardian or conservator is not a resident of this state, subject to any conditions 24 imposed on nonresident parties. 25 (b) A court of this state may grant any relief available under this chapter and 26 other law of this state to enforce a registered order. 27 Article 5. Miscellaneous Provisions. 28 Sec. 13.27.400. Uniformity of application and construction. In applying and 29 construing this chapter, consideration shall be given to the need to promote uniformity 30 of the law with respect to its subject matter among states that enact it. 31 Sec. 13.27.410. Relation to Electronic Signatures in Global and National
01 Commerce Act. This chapter modifies, limits, and supersedes 15 U.S.C. 7001, et seq. 02 (Electronic Signatures in Global and National Commerce Act), but does not modify, 03 limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the 04 notices described in 15 U.S.C. 7003(6). 05 Article 6. General Provisions. 06 Sec. 13.27.490. Definitions. In this chapter, 07 (1) "adult" means an individual who has reached 18 years of age; 08 (2) "conservator" means a person appointed by the court to administer 09 the property of an adult, including a person appointed under AS 13.26.165; 10 (3) "guardian" means a person appointed by the court to make 11 decisions regarding the person of an adult, including a person appointed under 12 AS 13.26.116; however, if the person was appointed as a full guardian under 13 AS 13.26, the person has the powers and duties set out under AS 13.26.150; 14 (4) "guardianship order" means an order appointing a guardian; 15 (5) "guardianship proceeding" means a judicial proceeding in which an 16 order for the appointment of a guardian is sought or has been issued; 17 (6) "incapacitated person" means an adult for whom a guardian has 18 been appointed; 19 (7) "party" means the respondent, petitioner, guardian, conservator, or 20 any other interested person allowed by the court to participate in a guardianship or 21 protective proceeding; 22 (8) "person" means, except in the terms incapacitated person or 23 protected person, an individual, corporation, business trust, estate, trust, partnership, 24 limited liability company, association, joint venture, public corporation, government 25 or governmental subdivision, agency, or instrumentality, or any other legal or 26 commercial entity; 27 (9) "protected person" means an adult for whom a protective order has 28 been issued; 29 (10) "protective order" means an order appointing a conservator or 30 other court order related to management of an adult's property; 31 (11) "protective proceeding" means a judicial proceeding in which a
01 protective order is sought or has been issued; 02 (12) "record" means information that is inscribed on a tangible 03 medium or that is stored in an electronic or other medium and is retrievable in 04 perceivable form; 05 (13) "respondent" means an adult for whom a protective order or the 06 appointment of a guardian is sought; 07 (14) "state" means a state of the United States, the District of 08 Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular 09 possession subject to the jurisdiction of the United States. 10 Sec. 13.27.495. Short title. This chapter may be cited as the Uniform Adult 11 Guardianship and Protective Proceedings Jurisdiction Act. 12 * Sec. 25. AS 47.10.115(c) is amended to read: 13 (c) Notwithstanding (b)(1) - (3) of this section, the department may not 14 distribute the proceeds of a trust under this section if the payment would be made to a 15 guardian of a child who had been in the custody of the department immediately before 16 the establishment of the guardianship, unless the guardianship was established under 17 AS 13.26.090 - 13.26.150 [AS 13.26.090 - 13.26.155]. 18 * Sec. 26. AS 08.26.040 and AS 13.26.155 are repealed. 19 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 APPLICABILITY. (a) Except as provided in (b) of this section, AS 13.27, enacted by 22 sec. 24 of this Act, applies to guardianship and protective proceedings that begin on or after 23 the effective date of this Act. 24 (b) For guardianship and protective proceedings begun before the effective date of 25 this Act, regardless of whether a guardianship or protective order has been issued, 26 AS 13.27.010 - 13.27.040, 13.27.200, 13.27.210, 13.27.300 - 13.27.320, 13.27.400, 27 13.27.410, and 13.27.490, as enacted by sec. 24 of this Act, apply. 28 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITION. A person who is not an individual who, on the effective date of this 31 Act, has a current organizational license issued by the Department of Commerce, Community,
01 and Economic Development under AS 08.26.040 may continue to provide guardianship and 02 conservatorship services under the requirements of AS 08.26 until the license expires. Each 03 individual who, on the effective date of this Act, performs guardianship or conservatorship 04 services under a current organizational license must apply for and receive an individual 05 license issued under AS 08.26 within 60 days after the expiration of the organizational license 06 in order to continue to provide guardianship or conservatorship services.