SB 63: "An Act relating to the appointment of a temporary guardian for a missing person; and amending Rule 17, Alaska Rules of Probate Procedure."
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.