00                   SENATE CS FOR HOUSE BILL NO. 5(JUD)                                                                  
01 "An Act relating to the persons who may be appointed guardians of incapacitated                                         
02 persons or conservators of protected persons."                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 13.26.145(c) is amended to read:                                                                   
05            (c)  A person may be appointed as the guardian of an incapacitated person                                    
06       notwithstanding the provisions of (b) of this section if [THE PERSON IS THE                                       
07       SPOUSE, ADULT CHILD, PARENT, OR SIBLING OF THE INCAPACITATED                                                      
08       PERSON AND] the court determines that the potential conflict of interest is                                       
09       insubstantial and that the appointment would clearly be in the best interests of the                              
10       incapacitated person. When appointing a relative or friend of the incapacitated person                            
11       as the guardian of an incapacitated person, the court shall require that the proposed                             
12       guardian complete one hour of mandatory education on the basics of guardianship                                   
13       before the appointment or within 30 days after the appointment.                                                   
14    * Sec. 2. AS 13.26.145 is amended by adding a new subsection to read:                                              

01            (g)  If the court makes the determination under (c) of this section, the court                               
02       shall make appropriate written findings consistent with the requirements of (c) of this                           
03       section about the nature and scope of the conflict of interest and why the appointment                            
04       should be made despite the existence of a conflict of interest.                                                   
05    * Sec. 3. AS 13.26.210(c) is amended to read:                                                                      
06            (c)  A person may be appointed as the conservator of a protected person even if                              
07       (b) of this section applies if [THE PERSON IS THE SPOUSE, ADULT CHILD,                                            
08       PARENT, OR SIBLING OF THE PROTECTED PERSON AND IF] the court                                                    
09       determines that the potential conflict of interest is not substantial and that the                                
10       appointment would clearly be in the best interests of the protected person.                                       
11    * Sec. 4. AS 13.26.210 is amended by adding a new subsection to read:                                              
12            (h)  If the court makes the determination under (c) of this section, the court                               
13       shall make appropriate written findings consistent with the requirements of (c) of this                           
14       section about the nature and scope of the conflict of interest and why the appointment                            
15       should be made despite the existence of a conflict of interest.