SB 250: "An Act relating to guardianships, conservatorships, and other protective arrangements; relating to the public guardian; relating to the crime of violating a protective order; amending Rules 6, 6.1, 12(e), and 37.7(a), Alaska Rules of Administration; repealing Rule 9(b)(2)(G)(ii), Alaska Rules of Administration; amending the Alaska Rules of Probate Procedure; and amending Rule 77(c), Alaska Rules of Civil Procedure."
00 SENATE BILL NO. 250 01 "An Act relating to guardianships, conservatorships, and other protective 02 arrangements; relating to the public guardian; relating to the crime of violating a 03 protective order; amending Rules 6, 6.1, 12(e), and 37.7(a), Alaska Rules of 04 Administration; repealing Rule 9(b)(2)(G)(ii), Alaska Rules of Administration; 05 amending the Alaska Rules of Probate Procedure; and amending Rule 77(c), Alaska 06 Rules of Civil Procedure." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 04.16.051(b) is amended to read: 09 (b) This section does not prohibit the furnishing or delivery of an alcoholic 10 beverage 11 (1) by a parent to the parent's child, by a guardian to the individual 12 subject to guardianship [GUARDIAN'S WARD], or by a person to the legal spouse 13 of that person if the furnishing or delivery occurs off licensed premises; or
01 (2) by a licensed physician or nurse to a patient in the course of 02 administering medical treatment. 03 * Sec. 2. AS 06.26.020(a) is amended to read: 04 (a) Notwithstanding any other provision of this chapter, a person does not act 05 as a fiduciary under this chapter if the person 06 (1) is licensed to practice law in this state, the person is acting within 07 the scope of the license, and the person and any law firm of the person are not trustees 08 of more trusts than the number established for the person and law firm by the 09 department by regulation or order; in this paragraph, "law firm" means a partnership, a 10 professional corporation organized under AS 10.45, or another association organized 11 for the practice of law and in which the person practices law; 12 (2) acts as trustee under a deed of trust delivered only as security for 13 the payment of money or for the performance of another act; 14 (3) receives and distributes on behalf of a principal rents and proceeds 15 of sales as a real estate broker or other licensee under AS 08.88; 16 (4) engages in securities business activity as a registered broker-dealer, 17 a broker-dealer agent, an investment adviser, or an investment adviser representative, 18 or as a federal covered investment adviser who has made a notice filing under 19 AS 45.56.360(c), the person is acting within the scope of the person's registration or 20 notice filing, and the activity is regulated by the department under AS 45.56 or by the 21 United States Securities and Exchange Commission; in this paragraph, "agent," 22 "broker-dealer," "federal covered investment adviser," "investment adviser," 23 "investment adviser representative," and "securities business" have the meanings given 24 in AS 45.56.900; 25 (5) engages in the sale and administration of an insurance product as 26 an insurance company licensed under AS 21 or an insurance producer licensed under 27 AS 21 and is acting within the scope of that license; 28 (6) handles escrow transactions and is a title insurance company that 29 has a certificate of authority issued under AS 21.09, a title insurance limited producer 30 that is licensed as required by AS 21.66.270, or an employee of the title insurance 31 company or title insurance producer when acting in the scope of the employee's
01 employment; in this paragraph, 02 (A) "escrow transaction" has the meaning given in 03 AS 34.80.090; 04 (B) "title insurance company" has the meaning given in 05 AS 21.66.480; 06 (C) "title insurance limited producer" has the meaning given in 07 AS 21.66.480; 08 (7) is a cemetery association organized and acting under AS 10.30; 09 (8) is a trustee for a voting trust under AS 10.06 and is acting in that 10 capacity; 11 (9) has a certified public accountant license issued under AS 08.04.105 12 or 08.04.195, the person is acting within the scope of the license, and the person and 13 any accounting firm of the person are not trustees of more trusts than the number 14 established for the person and accounting firm by the department by regulation or 15 order; in this paragraph, "accounting firm" means a partnership, a professional 16 corporation organized under AS 10.45, or another association organized for the 17 practice of public accounting and in which the person practices public accounting; 18 (10) holds real property in trust for the primary purpose of subdivision, 19 development, or sale or to facilitate a business transaction with respect to the real 20 property; 21 (11) serves as a trustee of a trust created by the person's family 22 members; 23 (12) holds money or other assets as a homeowners' association or 24 similar organization to pay maintenance and other related costs for commonly owned 25 property; in this paragraph, "homeowners' association" includes an association of 26 apartment owners under AS 34.07.450 and a unit owners' association or master 27 association under AS 34.08.990; 28 (13) holds money or other assets in connection with the collection of 29 debts or payments on loans by a person acting solely as the agent or representative at 30 the sole direction of the person to whom the debt or payment is owed, including 31 engaging in the business of an escrow agent;
01 (14) acts as a conservator if the person is appointed by a court of this 02 or another state or is qualified to act as a conservator under AS 13.27.310 03 [AS 13.26.580]; 04 (15) acts as a personal representative if the person is appointed a 05 personal representative by a court of this or another state or is qualified to act as a 06 personal representative under AS 13.21.035; 07 (16) acts as a guardian or receiver if the person is appointed as a 08 guardian or receiver by a court of this or another state; 09 (17) is a business partner acting with regard to the business, or a co- 10 owner of property acting with regard to the co-owned property; 11 (18) serves as a trustee of one or more trusts in which the settlor is not 12 a family member of the person, except that the person may not at any one time serve 13 as a trustee for trusts that cumulatively have more than 10 different settlors; however, 14 the department may change by regulation or order the maximum number of settlors 15 allowed for this exemption; in this paragraph, a husband and wife who create a joint 16 trust are considered to be one settlor. 17 * Sec. 3. AS 06.26.050(a) is amended to read: 18 (a) A trust company may perform any act as a fiduciary that a state financial 19 institution, or a national bank exclusively exercising trust powers, may perform, 20 including 21 (1) acting as trustee under a written agreement; 22 (2) receiving money and other property as trustee for investment in 23 real or personal property; 24 (3) acting as a trustee and performing the fiduciary duties committed 25 or transferred to it by a court; 26 (4) receiving money or other assets under AS 06.35; 27 (5) acting as an executor, an administrator, or a trustee of the estate of 28 a deceased person; 29 (6) acting as a custodian, guardian, conservator, or trustee for a minor 30 or an individual subject to guardianship or conservatorship [INCAPACITATED 31 PERSON];
01 (7) acting as a successor fiduciary to a depository; 02 (8) receiving for safekeeping any type of personal property; 03 (9) acting as a custodian, an assignee, a transfer agent, an escrow 04 agent, a registrar, or a receiver; 05 (10) acting as an investment adviser, an agent, or an attorney-in-fact in 06 any agreed upon capacity; 07 (11) exercising additional powers expressly authorized by a regulation 08 adopted under this chapter; and 09 (12) exercising an incidental power that is reasonably necessary to 10 enable it to fully exercise the powers expressly conferred according to commonly 11 accepted fiduciary customs and usage. 12 * Sec. 4. AS 06.65.110(a) is amended to read: 13 (a) A person may act as the representative of an eligible individual under this 14 chapter if the eligible individual is a minor or lacks decision-making capacity and if 15 the person is 16 (1) a parent, guardian, or conservator of the eligible individual; in this 17 paragraph, 18 (A) "conservator" has the meaning given in AS 13.29.520 19 [AS 13.06.050]; 20 (B) "guardian" has the meaning given in AS 13.29.520 21 [AS 13.06.050]; 22 (C) "parent" includes a stepparent; or 23 (2) a trustee of the property of the eligible individual. 24 * Sec. 5. AS 08.26.020(a) is amended to read: 25 (a) The department shall issue a private professional full guardian license to an 26 individual 27 (1) who is at least 21 years of age; 28 (2) who has two or more years of professional client casework 29 experience or at least an associate degree in human services, social work, psychology, 30 sociology, gerontology, special education, or a closely related field; 31 (3) who is certified as a guardian by a nationally recognized
01 organization in the field of guardianships; 02 (4) whose criminal history record checks under AS 08.26.070 show 03 that the individual has not been convicted of a felony or of a misdemeanor offense in 04 the state or in any other jurisdiction involving fraud, misrepresentation, material 05 omission, misappropriation, theft, conversion, or any other crime the department 06 determines would affect the individual's ability to provide the services of a guardian 07 competently and safely for the individual subject to guardianship [PROTECTED 08 PERSON] within 10 years before the application; 09 (5) who satisfies the application requirements of AS 08.26.060; and 10 (6) who satisfies the requirements for obtaining a private professional 11 conservator license under AS 08.26.030. 12 * Sec. 6. AS 08.26.030 is amended to read: 13 Sec. 08.26.030. Requirements for private professional conservator license. 14 The department shall issue a private professional conservator license to an individual 15 (1) who is at least 21 years of age; 16 (2) who has obtained a high school diploma, or a general education 17 development diploma or its equivalent; 18 (3) who has six months' employment experience in a position 19 involving financial management, or has at least an associate degree in accounting or a 20 closely related field; 21 (4) who is certified as a guardian by a nationally recognized 22 organization in the field of guardianships; 23 (5) whose criminal history record checks under AS 08.26.070 show 24 that the individual has not been convicted of a felony or of a misdemeanor offense in 25 the state or in any other jurisdiction involving fraud, misrepresentation, material 26 omission, misappropriation, theft, conversion, or any other crime that the department 27 determines would affect the individual's ability to provide the services of a conservator 28 competently and safely for the individual subject to conservatorship [PROTECTED 29 PERSON] within 10 years before the application; and 30 (6) who satisfies the application requirements of AS 08.26.060. 31 * Sec. 7. AS 08.26.060 is amended to read:
01 Sec. 08.26.060. Application requirements. To apply for a license under this 02 chapter, a person shall submit an application on a form provided by the department 03 and submit 04 (1) two complete fingerprint cards containing fingerprints and other 05 information required by the Department of Public Safety to obtain state and national 06 criminal history record information under AS 12.62 and AS 12.64; 07 (2) a written waiver of confidentiality signed by the applicant allowing 08 the department to access at any time relevant complaint information made about the 09 applicant to adult protective services, the designated protection and advocacy agency, 10 the long term care ombudsman, or an entity that certifies or licenses private 11 professional guardians or private professional conservators; 12 (3) a written statement signed by the applicant that the applicant will 13 allow immediate access at any time to the department to the file of an individual 14 subject to guardianship or conservatorship [A WARD OR PROTECTED 15 PERSON] and to financial information regarding the applicant, including corporate or 16 other business records; and 17 (4) payment of the application fee, any criminal history record 18 information checks fee charged under AS 12.62.160(d), and any other fees required by 19 the department. 20 * Sec. 8. AS 08.26.080(a) is amended to read: 21 (a) Within 30 days following the end of each calendar year, a licensee shall 22 submit to the office of public advocacy, Department of Administration 23 (1) evidence of the continuing existence of a court ordered bond, if 24 any, required by a court to be maintained by the guardian or conservator; 25 (2) a list, including case numbers, of the individuals subject to 26 guardianship or conservatorship [WARDS AND PROTECTED PERSONS] for 27 whom the licensee is acting as a private professional guardian or private professional 28 conservator; 29 (3) an accurate financial statement of the licensee, including total fees 30 collected from the individual subject to conservatorship [PROTECTED PERSON], 31 total business expenses, and documents necessary to establish financial solvency of
01 the licensee; 02 (4) a letter stating that the licensee has filed all required court reports 03 in the previous calendar year; and 04 (5) a copy of all of the licensee's federal tax documents filed with the 05 Internal Revenue Service and all of the licensee's correspondence with the Internal 06 Revenue Service for the calendar year. 07 * Sec. 9. AS 08.26.110(a) is amended to read: 08 (a) A licensee may not receive a payment for services rendered to an 09 individual subject to guardianship or conservatorship [A WARD OR A 10 PROTECTED PERSON] until the licensee obtains court approval of a proposed fee 11 schedule. The fee schedule must include a statement of the hourly fee for professional 12 and administrative services and a monthly maximum amount that the licensee can 13 charge the individual subject to guardianship or conservatorship [WARD OR 14 PROTECTED PERSON]. 15 * Sec. 10. AS 08.26.120 is amended to read: 16 Sec. 08.26.120. Required notification. A licensee shall notify the department 17 immediately if 18 (1) the licensee fails to file a report to the court required by this 19 chapter; 20 (2) the licensee has been removed as a guardian or conservator for an 21 individual subject to guardianship or conservatorship [A WARD OR 22 PROTECTED PERSON]; 23 (3) the licensee has received a gift with a value of more than $100 24 from an individual subject to guardianship or conservatorship [A WARD OR 25 PROTECTED PERSON] during the two years before the appointment; 26 (4) the licensee has an interest in an enterprise that provides services to 27 the individual subject to guardianship or conservatorship [WARD OR 28 PROTECTED PERSON]; 29 (5) an employee or contractor of the licensee is arrested for any 30 offense; or 31 (6) the licensee has filed for bankruptcy.
01 * Sec. 11. AS 08.26.130 is amended to read: 02 Sec. 08.26.130. Grounds for disciplinary action. The department may take 03 disciplinary action against an individual under AS 08.01.075 or refuse to issue or 04 renew a license if the department determines that the individual 05 (1) obtained or attempted to obtain a license under this chapter through 06 deceit, fraud, or intentional misrepresentation; 07 (2) has not complied with the standards of conduct established by the 08 department under AS 13.26.001; 09 (3) forfeited a license in this or another jurisdiction as a result of 10 deceit, fraud, intentional misrepresentation, or professional incompetence; 11 (4) has been found by a court in this state to have engaged in 12 professional misconduct or incompetence; 13 (5) has advertised the individual's services in a false or misleading 14 manner; 15 (6) has been convicted, including a conviction based on a guilty plea or 16 plea of nolo contendere, of a felony or other crime that affects the individual's ability 17 to provide services competently and safely for the individual subject to 18 guardianship or conservatorship [WARD OR PROTECTED PERSON]; 19 (7) has been found to have abandoned, exploited, abused, or neglected 20 a vulnerable adult; in this paragraph, "vulnerable adult" has the meaning given in 21 AS 47.24.900; 22 (8) has failed to comply with this chapter or with a regulation adopted 23 under this chapter; 24 (9) has continued or attempted to practice after becoming unfit due to 25 professional incompetence; 26 (10) has failed to maintain certification by a nationally recognized 27 organization in the field of 28 (A) guardianships, if the individual was issued a private 29 professional guardian license; or 30 (B) conservatorships, if the individual was issued a private 31 professional conservator license; or
01 (11) fails to maintain a bond or other surety as required by a court 02 order. 03 * Sec. 12. AS 08.26.140 is amended to read: 04 Sec. 08.26.140. Petition by department. In addition to the disciplinary actions 05 allowed under AS 08.01.075, the department may petition a court to review the 06 conduct of a licensee if the department determines that the conduct of the licensee may 07 not be in the best interests of the individual subject to guardianship or 08 conservatorship [WARD OR PROTECTED PERSON]. 09 * Sec. 13. AS 08.26.190(1) is amended to read: 10 (1) "conservator" has the meaning given in AS 13.29.520 11 [AS 13.06.050]; 12 * Sec. 14. AS 08.26.190(3) is amended to read: 13 (3) "guardian" has the meaning given in AS 13.29.520 [AS 13.06.050]; 14 * Sec. 15. AS 08.26.190(5) is amended to read: 15 (5) "private professional conservator" means an individual who acts as 16 a conservator under AS 13.29.155 - 13.29.310 [13.26.401 - 13.26.580] and receives 17 compensation for acting in that capacity; 18 * Sec. 16. AS 08.26.190(7) is amended to read: 19 (7) "private professional guardian" means an individual who acts as a 20 guardian under AS 13.29.005 - 13.29.150 [13.26.101 - 13.26.316] and receives 21 compensation for acting in that capacity; 22 * Sec. 17. AS 08.26.190 is amended by adding new paragraphs to read: 23 (11) "individual subject to conservatorship" has the meaning given in 24 AS 13.29.520; 25 (12) "individual subject to guardianship" has the meaning given in 26 AS 13.29.520. 27 * Sec. 18. AS 09.15.010 is amended to read: 28 Sec. 09.15.010. Parents or guardian may sue for injuries or death to child. 29 A parent may maintain an action as plaintiff for the injury or death of a child below 30 the age of majority. A guardian may maintain an action as plaintiff for the injury or 31 death of an individual subject to guardianship [A WARD].
01 * Sec. 19. AS 09.15.020 is amended to read: 02 Sec. 09.15.020. Parents or guardian may sue for seduction of child. A 03 parent may maintain an action as plaintiff for the seduction of a child below the age of 04 majority. The guardian may maintain an action as plaintiff for the seduction of an 05 individual subject to guardianship [A WARD]. The action may be maintained even 06 though the child or individual subject to guardianship [WARD] is not living with or 07 in the service of the plaintiff at the time of the seduction or afterwards and there is no 08 loss of service. 09 * Sec. 20. AS 11.56.740(a) is amended to read: 10 (a) A person commits the crime of violating a protective order if the person is 11 subject to a protective order 12 (1) issued, filed, or recognized under AS 18.66 and containing a 13 provision listed in AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to 14 commit an act with reckless disregard that the act violates or would violate a provision 15 of the protective order; 16 (2) issued or recognized under AS 18.65.850, 18.65.855, 18.65.860, or 17 18.65.867 and knowingly commits or attempts to commit an act that violates or would 18 violate a provision listed in AS 18.65.850(c)(1) - (3); or 19 (3) issued under AS 13.29.320(b)(2) or 13.29.325(c)(2) or (d) 20 [AS 13.26.450 - 13.26.460] and knowingly commits or attempts to commit an act with 21 reckless disregard that the act violates or would violate a provision of the protective 22 order. 23 * Sec. 21. AS 11.56.740(c) is amended to read: 24 (c) In this section, "protective order" means an order issued, filed, or 25 recognized under AS 13.29.320(b)(2), 13.29.325(c)(2) or (d) [AS 13.26.450 - 26 13.26.460], AS 18.65.850 - 18.65.870, or AS 18.66.100 - 18.66.180. 27 * Sec. 22. AS 13.06.010(b) is amended to read: 28 (b) The underlying purposes and policies of AS 13.06 - AS 13.36 are to 29 (1) simplify and clarify the law concerning the affairs of decedents, 30 missing persons, [PROTECTED PERSONS,] minors, and individuals subject to 31 guardianship or conservatorship [INCAPACITATED PERSONS];
01 (2) discover and make effective the intent of a decedent in distribution 02 of the decedent's property; 03 (3) promote a speedy and efficient system for liquidating the estate of 04 the decedent and making distribution to the decedent's successors; 05 (4) facilitate use and enforcement of certain trusts; and 06 (5) make uniform the law among the various jurisdictions. 07 * Sec. 23. AS 13.06.050(6) is amended to read: 08 (6) "claims," in respect to estates of decedents and individuals subject 09 to conservatorship [PROTECTED PERSONS], includes liabilities of the decedent or 10 individual subject to conservatorship [PROTECTED PERSON], whether arising in 11 contract, in tort, or in another way, and liabilities of the estate that arise at or after the 12 death of the decedent or after the appointment of a conservator, including funeral 13 expenses and expenses of administration; "claims" does not include estate or 14 inheritance taxes, or demands or disputes regarding title of a decedent or individual 15 subject to conservatorship [PROTECTED PERSON] to specific assets alleged to be 16 included in the estate; 17 * Sec. 24. AS 13.06.050(7) is amended to read: 18 (7) "conservator" has the meaning given in AS 13.29.520 [MEANS A 19 PERSON WHO IS APPOINTED BY A COURT TO MANAGE THE ESTATE OF A 20 PROTECTED PERSON]; 21 * Sec. 25. AS 13.06.050(12) is amended to read: 22 (12) "disability" means a cause for a conservatorship under AS 13.29 23 [PROTECTIVE ORDER AS DESCRIBED IN AS 13.26.401]; 24 * Sec. 26. AS 13.06.050(22) is amended to read: 25 (22) "guardian" has the meaning given in AS 13.29.520 [MEANS A 26 PERSON WHO HAS QUALIFIED AS A GUARDIAN OF A MINOR OR 27 INCAPACITATED PERSON IN ACCORDANCE WITH TESTAMENTARY OR 28 COURT APPOINTMENT, BUT EXCLUDES A PERSON WHO IS MERELY A 29 GUARDIAN AD LITEM]; 30 * Sec. 27. AS 13.06.050(26) is amended to read: 31 (26) "interested person" includes heirs, devisees, children, spouses,
01 creditors, beneficiaries, and other persons having property rights in or claims against a 02 trust estate or the estate of a decedent or individual subject to guardianship or 03 conservatorship [, WARD, OR PROTECTED PERSON]; "interested person" also 04 includes persons having priority for appointment as personal representative, and other 05 fiduciaries representing interested persons; "interested person," as it relates to 06 particular persons, may vary from time to time and its meaning shall be determined 07 according to the particular purposes of, and matter involved in, a proceeding; 08 * Sec. 28. AS 13.06.050(59) is amended to read: 09 (59) "trust" includes an express trust, private or charitable, with 10 additions to the trust, wherever and however created; "trust" also includes a trust 11 created or determined by judgment or decree under which the trust is to be 12 administered in the manner of an express trust; "trust" excludes other constructive 13 trusts, resulting trusts, conservatorships, personal representatives, trust accounts that 14 are POD designation accounts under AS 13.33.201 - 13.33.227, custodial 15 arrangements under AS 13.29 [AS 13.26] or AS 13.46, business trusts providing for 16 certificates to be issued to beneficiaries, common trust funds, voting trusts, security 17 arrangements, liquidation trusts, trusts for the primary purpose of paying debts, 18 dividends, interest, salaries, wages, profits, pensions, or employee benefits of any 19 kind, and any arrangement under which a person is nominee or escrowee for another; 20 * Sec. 29. AS 13.06.050 is amended by adding new paragraphs to read: 21 (63) "individual subject to conservatorship" has the meaning given in 22 AS 13.29.520; 23 (64) "individual subject to guardianship" has the meaning given in 24 AS 13.29.520. 25 * Sec. 30. AS 13.06.060 is amended to read: 26 Sec. 13.06.060. Applicability. Except as otherwise provided in AS 13.06 - 27 AS 13.36, AS 13.06 - AS 13.36 apply to 28 (1) the affairs and estates of decedents, missing persons, and persons to 29 be protected, domiciled in this state; 30 (2) the property of nonresidents located in this state or property 31 coming into the control of a fiduciary who is subject to the laws of this state;
01 (3) individuals subject to guardianship or conservatorship, 02 incapacitated persons, and minors in this state; 03 (4) survivorship and related accounts in this state; and 04 (5) trusts subject to administration in this state. 05 * Sec. 31. AS 13.06.065 is amended to read: 06 Sec. 13.06.065. Subject matter jurisdiction. To the full extent permitted by 07 the constitution, the court has jurisdiction over all subject matter relating to 08 (1) estates of decedents, including construction of wills and 09 determination of heirs and successors of decedents, and estates of individuals subject 10 to conservatorship [PROTECTED PERSONS]; 11 (2) protection of minors, [AND] incapacitated persons, and 12 individuals subject to guardianship or conservatorship; and 13 (3) trusts. 14 * Sec. 32. AS 13.06.070(b) is amended to read: 15 (b) If proceedings concerning the same estate, individual subject to 16 guardianship or conservatorship [PROTECTED PERSON, WARD], or trust are 17 commenced in more than one court of this state, the court in which the proceeding was 18 first commenced shall continue to hear the matter, and the other courts shall hold the 19 matter in abeyance until the question of venue is decided, and if the ruling court 20 determines that venue is properly in another court, it shall transfer the proceeding to 21 the other court. 22 * Sec. 33. AS 13.06.080 is amended to read: 23 Sec. 13.06.080. Records and certified copies. The clerk of the court shall 24 keep a record for each decedent, individual subject to guardianship or 25 conservatorship [WARD, PROTECTED PERSON], or trust involved in any 26 document that may be filed with the court under AS 13.06 - AS 13.36, including 27 petitions and applications, demands for notices or bonds, trust registrations, and of any 28 orders or responses relating thereto by the registrar or court, and establish and 29 maintain a system for indexing, filing, or recording that is sufficient to enable users of 30 the records to obtain adequate information. Upon payment of the fees required by law, 31 the clerk shall issue certified copies of any probated wills, letters issued to personal
01 representatives, or any other record or paper filed or recorded. Certificates relating to 02 probated wills must indicate whether the decedent was domiciled in this state and 03 whether the probate was formal or informal. Certificates relating to letters must show 04 the date of appointment. 05 * Sec. 34. AS 13.06.120(a) is amended to read: 06 (a) In any proceedings involving trusts, nonprobate assets, or estates of 07 decedents, minors, [PROTECTED PERSONS, OR] incapacitated persons, or 08 individuals subject to guardianship or conservatorship brought under AS 13.06 - 09 AS 13.36 or AS 13.38, the following apply: 10 (1) interests to be affected shall be described in pleadings that give 11 reasonable information to owners by name or class, by reference to the instrument 12 creating the interests, or in other appropriate manner; 13 (2) persons are bound by orders binding others in the following cases: 14 (A) orders binding the sole holder or all co-holders of a power 15 of revocation or a general or nongeneral power of appointment, including one 16 in the form of a power of amendment, bind other persons to the extent their 17 interests, as objects, takers in default, or otherwise, are subject to the power; 18 (B) to the extent there is no conflict of interest between them or 19 among persons represented, orders binding a conservator bind the person 20 whose estate the conservator controls; orders binding a guardian bind the 21 individual subject to guardianship [WARD] if no conservator of the estate 22 has been appointed; orders binding a trustee bind beneficiaries of the trust in 23 proceedings to probate a will establishing or adding to a trust, to review the 24 acts or accounts of a prior fiduciary, and in proceedings involving creditors or 25 other third parties; orders binding a personal representative bind persons 26 interested in the undistributed assets of a decedent's estate in actions or 27 proceedings by or against the estate; and orders binding an agent having 28 authority to act with respect to the particular questions or dispute bind the 29 principal; if there is no conflict of interest and no conservator or guardian has 30 been appointed, a parent may represent the minor child; 31 (C) an unborn person, a minor, an incapacitated person,
01 individual subject to guardianship or conservatorship, or a person whose 02 identity or location is unknown or not reasonably ascertainable who is not 03 otherwise represented is bound by an order to the extent the interest is 04 adequately represented by another party having a substantially identical 05 interest in the proceeding; 06 (D) with regard to interests given upon the happening of a 07 certain event to persons who comprise a certain class, orders binding the living 08 persons who would constitute the class, if the event had happened immediately 09 before the commencement of the proceeding, bind all members of the class; 10 (E) with regard to an interest given to a living person when the 11 same interest or a share of the interest is to pass to the surviving spouse or to 12 persons who are or might be the distributees, devisees, heirs, or issue of the 13 living person upon the happening of a future event, orders binding the living 14 person bind the surviving spouse, distributees, devisees, heirs, or issue of the 15 living person; 16 (F) with regard to interests given to a person or a class of 17 persons, or to both, upon the happening of a future event, if the same interest 18 or a share of the interest is to pass to another person or class of persons, or to 19 both, upon the happening of an additional future event, orders binding the 20 living person or class of persons who would take the interest upon the 21 happening of the first event bind the persons and classes of persons who might 22 take on the happening of the additional future event; 23 (G) if a person is designated by a trust instrument to represent 24 and bind a born or unborn beneficiary of the trust and receive a notice, 25 information, accounting, or report for the beneficiary, then the beneficiary is 26 bound by an order binding the designated person; in this subparagraph, 27 (i) the settlor may make the designation in the trust 28 instrument, in a separate document, or by a trust protector authorized in 29 the trust instrument to make the designation; 30 (ii) except as otherwise provided in this subparagraph, a 31 person designated under (i) of this subparagraph may not represent and
01 bind a beneficiary while the designated person is serving as trustee; 02 (iii) except as otherwise provided in this subparagraph, 03 a person designated under (i) of this subparagraph may not represent 04 and bind another beneficiary if the designated person also is a 05 beneficiary, unless the designated person was named by the settlor, is 06 the beneficiary's spouse, or is a grandparent or descendant of a 07 grandparent of the beneficiary or the beneficiary's spouse; in this sub- 08 subparagraph, "spouse" means the individual to whom the beneficiary 09 is married and with whom the beneficiary is living, and a physical 10 separation primarily for education, business, health, and similar reasons 11 does not prevent the individual from being considered to be living with 12 the beneficiary; 13 (3) a person representing another person under (2)(A) - (F) of this 14 section and a person designated under (2)(G)(i) of this section are not liable to the 15 beneficiary whose interests are represented, or to a person claiming through that 16 beneficiary, for an action or omission to act made in good faith; 17 (4) notice is required as follows: 18 (A) notice as prescribed by AS 13.06.110 shall be given to 19 every interested person or to one person who can bind an interested person as 20 described in (2)(A), (B), or (D) - (G) of this section; notice may be given both 21 to a person and to another person who may bind the person; 22 (B) notice is given to unborn persons, a minor, an incapacitated 23 person, individual subject to guardianship or conservatorship, or a person 24 whose identity or location is unknown or not reasonably ascertainable, and 25 persons who are not represented under (2)(A), (B), or (D) - (G) of this section, 26 by giving notice to all known persons whose interests in the proceedings are 27 substantially identical to those of the unborn persons, [THE] minor, [THE] 28 incapacitated person, individual subject to guardianship or 29 conservatorship, or the person whose identity or location is unknown or not 30 reasonably ascertainable; 31 (5) at any point in a proceeding, a court may appoint a guardian ad
01 litem to represent the interest of an unborn person, a minor, incapacitated person, 02 individual subject to guardianship or conservatorship, or a person whose identity 03 or address is unknown or not reasonably ascertainable, if the court determines that 04 representation of the interest otherwise would be inadequate; if not precluded by 05 conflict of interests, a guardian ad litem may be appointed to represent several persons 06 or interests; the court shall set out its reasons for appointing a guardian ad litem as a 07 part of the record of the proceeding. 08 * Sec. 35. AS 13.16.040(a) is amended to read: 09 (a) An informal probate or appointment proceeding or formal testacy or 10 appointment proceeding, other than a proceeding to probate a will previously probated 11 at the testator's domicile and appointment proceedings relating to an estate in which 12 there has been a prior appointment, may not be commenced more than three years 13 after the decedent's death, except 14 (1) if a previous proceeding was dismissed because of doubt about the 15 fact of the decedent's death, appropriate probate, appointment, or testacy proceedings 16 may be maintained at any time after the dismissal upon a finding that the decedent's 17 death occurred before the initiation of the previous proceeding and the applicant or 18 petitioner has not delayed unduly in initiating the subsequent proceeding; 19 (2) appropriate probate, appointment, or testacy proceedings may be 20 maintained in relation to the estate of an absent, disappeared, or missing person for 21 whose estate a conservator has been appointed, at any time within three years after the 22 conservator becomes able to establish the death of the individual subject to 23 conservatorship [PROTECTED PERSON]; 24 (3) a proceeding to contest an informally probated will and to secure 25 appointment of the person with legal priority for appointment in the event the contest 26 is successful, may be commenced within the later of 12 months from the informal 27 probate or three years from the decedent's death; 28 (4) an informal appointment or a formal testacy or appointment 29 proceeding may be commenced after the three years if proceedings concerning the 30 succession or estate administration have not occurred within the three-year period after 31 the decedent's death, but the personal representative may not possess estate assets as
01 provided in AS 13.16.380 beyond that necessary to confirm title to the assets in the 02 successors to the estate and claims other than expenses of administration may not be 03 presented against the estate; and 04 (5) a formal testacy proceeding may be commenced at any time after 05 three years from the decedent's death for the purpose of establishing an instrument to 06 direct or control the ownership of property passing or distributable after the decedent's 07 death from a person other than the decedent when the property is to be appointed by 08 the terms of the decedent's will or is to pass or be distributed as a part of the decedent's 09 estate or its transfer is otherwise to be controlled by the terms of the decedent's will. 10 * Sec. 36. AS 13.16.065(d) is amended to read: 11 (d) Conservators of the estates of individuals subject to conservatorship 12 [PROTECTED PERSONS], or if there is no conservator, any guardian except a 13 guardian ad litem of an individual subject to guardianship or conservatorship [A 14 MINOR OR INCAPACITATED PERSON], may exercise the same right to nominate, 15 to object to another's appointment, or to participate in determining the preference of a 16 majority in interest of the heirs and devisees that the individual subject to 17 guardianship or conservatorship [PROTECTED PERSON OR WARD] would have 18 if qualified for appointment. 19 * Sec. 37. AS 13.16.285 is amended to read: 20 Sec. 13.16.285. Termination of appointment; death or disability. The death 21 of a personal representative or the appointment of a conservator for the estate of a 22 personal representative, terminates the personal representative's appointment. Until 23 appointment and qualification of a successor or special representative to replace the 24 deceased personal representative or personal [PROTECTED] representative subject 25 to guardianship or conservatorship, the representative of the estate of the deceased 26 representative or [PROTECTED] personal representative subject to guardianship 27 or conservatorship, if any, has the duty to protect the estate possessed and being 28 administered by the decedent or personal representative subject to guardianship or 29 conservatorship [WARD] at the time the appointment terminates, has the power to 30 perform acts necessary for protection, and shall account for and deliver the estate 31 assets to a successor or special personal representative upon appointment and
01 qualification. 02 * Sec. 38. AS 13.26.001 is amended to read: 03 Sec. 13.26.001. Adoption of standards of practice. It is the policy of the state 04 that all guardians and conservators, when making decisions for an individual subject 05 to guardianship or conservatorship [THEIR WARDS OR PROTECTED 06 PERSONS], shall abide by the highest ethical standards of decision making and shall 07 consider the standards of practice adopted by the department by regulation. The 08 department shall adopt standards of practice for guardians and conservators and, 09 before doing so, shall review the standards of practice adopted by a national 10 organization with expertise in the area of standards of practice for guardians and 11 conservators, such as the National Guardianship Association. 12 * Sec. 39. AS 13.26.005(3) is amended to read: 13 (3) "full guardian" has the meaning given in AS 13.29.520 [MEANS 14 A GUARDIAN WHO POSSESSES THE LEGAL DUTIES AND POWERS 15 ENUMERATED IN AS 13.26.316(c)]; 16 * Sec. 40. AS 13.26.005(4) is amended to read: 17 (4) "guardian" has the meaning given in AS 13.29.520 [INCLUDES 18 FULL GUARDIAN AND PARTIAL GUARDIAN]; 19 * Sec. 41. AS 13.26.005(10) is amended to read: 20 (10) a "protective proceeding" is a proceeding under the provisions of 21 AS 13.29.155 [AS 13.26.401] to determine that a person cannot effectively manage or 22 apply the person's estate to necessary ends, either because the person lacks the ability 23 or is otherwise inconvenienced, or because the person is a minor, and to secure 24 administration of the estate by a conservator or other appropriate relief; 25 * Sec. 42. AS 13.26.005(11) is amended to read: 26 (11) "respondent" has the meaning given in AS 13.29.520 [MEANS 27 A PERSON WHO, IN A GUARDIANSHIP PROCEEDING UNDER THIS 28 CHAPTER, IS ALLEGED TO BE AN INCAPACITATED PERSON AND FOR 29 WHOM THE APPOINTMENT OF A GUARDIAN OR ALTERNATIVE 30 ASSISTANCE IS SOUGHT; "RESPONDENT" INCLUDES A PERSON SEEKING 31 THE APPOINTMENT OF A GUARDIAN OR ALTERNATIVE ASSISTANCE FOR
01 ONESELF]; 02 * Sec. 43. AS 13.26.005 is amended by adding new paragraphs to read: 03 (14) "conservator" has the meaning given in AS 13.29.520; 04 (15) "full conservatorship" has the meaning given in AS 13.29.520; 05 (16) "individual subject to conservatorship" has the meaning given in 06 AS 13.29.520; 07 (17) "individual subject to guardianship" has the meaning given in 08 AS 13.29.520; 09 (18) "limited conservatorship" has the meaning given in AS 13.29.520; 10 (19) "limited guardianship" has the meaning given in AS 13.29.520. 11 * Sec. 44. AS 13.26.066(a) is amended to read: 12 (a) A parent [OR A GUARDIAN] of a minor child, by a properly executed 13 power of attorney that is substantially in the form provided in (f) of this section, may 14 delegate to another person one or more powers regarding the care or custody of the 15 minor child, except the power to consent to 16 (1) the marriage or adoption of the minor child; 17 (2) the performance or inducement of an abortion on or for the minor 18 child; or 19 (3) the termination of parental rights to the minor child. 20 * Sec. 45. AS 13.26.066(b) is amended to read: 21 (b) A parent [OR GUARDIAN] of a minor child may revoke the power of 22 attorney made by the parent [OR GUARDIAN] under (a) of this section at any time. A 23 parent of a minor child may revoke a power of attorney that another parent of the 24 minor child has made under (a) of this section. [A GUARDIAN OF A MINOR 25 CHILD MAY REVOKE A POWER OF ATTORNEY THAT ANOTHER 26 GUARDIAN OF THE MINOR CHILD HAS MADE UNDER (a) OF THIS 27 SECTION.] If a parent [OR GUARDIAN] revokes a power of attorney, the attorney- 28 in-fact shall return the minor child to the custody of the parent [OR THE 29 GUARDIAN] as soon as reasonably possible after the revocation. 30 * Sec. 46. AS 13.26.066(c) is amended to read: 31 (c) Except as provided in (d) of this section, a power of attorney under this
01 section is not effective for a period that exceeds one year. However, after a power of 02 attorney expires under this subsection, a parent [OR GUARDIAN] may enter into a 03 new power of attorney. 04 * Sec. 47. AS 13.26.066(d) is amended to read: 05 (d) A power of attorney made by a military parent [OR GUARDIAN] may be 06 effective for a period that exceeds one year if the military parent [OR GUARDIAN] is 07 on active duty, but the power of attorney is not effective for a period that exceeds the 08 length of the active duty plus 30 days. 09 * Sec. 48. AS 13.26.066(e) is amended to read: 10 (e) Unless a parent [OR GUARDIAN] revokes a power of attorney, the 11 attorney-in-fact shall exercise the power in the power of attorney without 12 compensation for the duration of the power of attorney. 13 * Sec. 49. AS 13.26.066(f) is amended to read: 14 (f) To designate an attorney-in-fact, a parent [OR GUARDIAN] shall execute 15 a power of attorney that is in substantially the following form: 16 STATUTORY FORM FOR POWER OF ATTORNEY 17 TO DELEGATE THE POWERS OF A PARENT [OR GUARDIAN] 18 Section 1. I certify that I am the parent [OR GUARDIAN] of 19 ______________________________ ___________________________ 20 (Full name of minor child) (Date of birth) 21 ______________________________ ___________________________ 22 (Full name of minor child) (Date of birth) 23 ______________________________ ___________________________ 24 (Full name of minor child) (Date of birth) 25 who is/are minor children. 26 Section 2. I designate _________________________ (Full name of attorney- 27 in-fact), ________________________________________________________ 28 (Street address, city, state, and zip code of attorney-in-fact) 29 ______________________________ ___________________________ 30 (Home telephone of attorney-in-fact) (Work telephone of attorney-in- 31 fact)
01 as the attorney-in-fact of each minor child named above. 02 Section 3. I delegate to the attorney-in-fact all of my power and authority 03 regarding the care and custody of each minor child named above, including the 04 right to enroll the child in school, the right to inspect and obtain copies of 05 education records and other records concerning the child, the right to attend 06 school activities and other functions concerning the child, and the right to give 07 or withhold any consent or waiver with respect to school activities, medical 08 treatment, dental treatment, and other activity, function, or treatment that may 09 concern the minor child. This delegation does not include the power or 10 authority to consent to the marriage or adoption of the minor child, the 11 performance or inducement of an abortion on or for the minor child, or the 12 termination of parental rights to the minor child. 13 OR 14 Section 4. I delegate to my attorney-in-fact the following specific powers and 15 responsibilities (write in): 16 _______________________________________________________________ 17 _______________________________________________________________ 18 Delegation under this section does not include the power or authority to 19 consent to the marriage or adoption of the minor child, the performance or 20 inducement of an abortion on or for the minor child, or the termination of 21 parental rights to the minor child. 22 (If you complete Section 4, Section 3 does not apply). 23 Section 5. This power of attorney is effective for a period not to exceed one 24 year, beginning _____________, 20 _____, and ending _______, 20 _____. I 25 reserve the right to revoke this authority at any time. 26 OR 27 Section 6. I am a military parent [OR GUARDIAN] under AS 13.26.066(d). 28 My active duty is scheduled to begin on _____________, 20 _____, and is 29 estimated to end on ____________, 20 _____. I acknowledge that this power 30 of attorney will not last more than one year, or the term of my active duty 31 service plus 30 days, whichever period is longer.
01 By: ___________________________ 02 (Parent [PARENT/GUARDIAN] 03 signature) 04 Section 7. I hereby accept my designation as attorney-in-fact for the minor 05 child/children identified in this power of attorney. 06 ________________________________ 07 (Attorney-in-fact signature) 08 State of _____________ 09 _______ Judicial District 10 ACKNOWLEDGMENT 11 Before me, the undersigned, a Notary Public, in and for the Judicial District 12 and State identified above, on this ____ day of _____________, 20 ____, 13 personally appeared _________________________ (name of parent 14 [PARENT/GUARDIAN]) and _________________________ (name of 15 attorney-in-fact), to me known to be the persons who executed this power of 16 attorney, and each acknowledged to me that each executed the same as the 17 person's free and voluntary act and deed for the uses and purposes set out in 18 this power of attorney. 19 Witness my hand and official seal the day and year written above. 20 _________________________________ 21 (Signature of notary public) 22 (Seal, if any) 23 _________________________________ 24 (Title and rank) 25 My commission expires: _____________ 26 * Sec. 50. AS 13.26.066(g) is amended to read: 27 (g) A power of attorney does not change parental rights, legal rights, 28 obligations, or other authority established by an existing court order and does not 29 deprive the parent [OR GUARDIAN] of rights, obligations, or other authority relating 30 to the custody, visitation, or support of the minor child. 31 * Sec. 51. AS 13.26.066(h) is amended to read:
01 (h) Except as otherwise determined under another statute, the execution of a 02 power of attorney by a parent [OR GUARDIAN] does not constitute abandonment, 03 neglect, or abuse of the minor child or ward under AS 47.10.013 - 47.10.015, unless 04 the parent [OR GUARDIAN] fails, after the power of attorney terminates, to retake 05 custody of the child and does not execute a new power of attorney. 06 * Sec. 52. AS 13.26.066(j)(2) is amended to read: 07 (2) "attorney-in-fact" means the individual to whom a parent [OR 08 GUARDIAN] gives a power under a power of attorney; 09 * Sec. 53. AS 13.26.066(j)(5) is amended to read: 10 (5) "military parent [OR GUARDIAN]" means a person who is a 11 parent [OR GUARDIAN] of a minor and 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 * Sec. 54. AS 13.26.153 is amended to read: 25 Sec. 13.26.153. Subsidized guardianship; procedure. Notwithstanding the 26 provisions of AS 13.29.005 - 13.29.055, procedures [PROCEDURES] relating to 27 subsidized guardianships for hard-to-place children are governed by AS 25.23.200 - 28 25.23.240. 29 * Sec. 55. AS 13.26.157 is amended to read: 30 Sec. 13.26.157. Guardianship after voluntary relinquishment; procedure. 31 In addition to the applicable procedures under AS 13.29 [THIS CHAPTER], a
01 guardianship decree and review of a guardianship decree are governed by the 02 procedures established under AS 25.23.180 and, for a child in need of aid [CHILD- 03 IN-NEED-OF-AID], AS 47.10.089, pertaining to voluntary relinquishment of parental 04 rights and retaining of parental privileges in a guardianship decree. 05 * Sec. 56. AS 13.26.256 is amended to read: 06 Sec. 13.26.256. Psychotropic medication influencing individuals subject to 07 guardianship [WARDS] or respondents at judicial hearings. (a) An individual 08 subject to guardianship [A WARD] or respondent has a right to participate to the 09 maximum extent possible in all judicial proceedings concerning the individual 10 subject to guardianship [WARD] or respondent and to be free from the influence of 11 psychotropic medication during the proceedings. 12 (b) It is the responsibility of the attorney for the individual subject to 13 guardianship [WARD] or respondent to determine if the individual subject to 14 guardianship [WARD] or respondent is being treated with psychotropic medication 15 the effects of which would continue during the judicial proceedings and, if so, to 16 inform the court in writing a reasonable time before the hearing. 17 (c) The court, upon receipt of the information provided under (b) of this 18 section, shall require a medical examination of the individual subject to 19 guardianship [WARD] or respondent, if the court determines that the medical 20 examination is necessary, and shall determine the advisability of continuation or 21 suspension of the treatment for the duration of the judicial proceedings. The court may 22 make any appropriate order it considers necessary. The court in making its 23 determination shall balance the interest of maximum participation of the individual 24 subject to guardianship [WARD] or respondent in the hearings against the medical 25 and rehabilitative needs of the individual subject to guardianship [WARD] or 26 respondent. 27 (d) If the individual subject to guardianship [WARD] or respondent is 28 under the influence of psychotropic medication during the judicial proceeding 29 determining capacity, the trier of fact shall take that fact into consideration in making 30 its determination. 31 * Sec. 57. AS 13.26.301(f) is amended to read:
01 (f) If no guardianship petition is pending under AS 13.29.005 - 13.29.150 but 02 the court is informed of a person who is apparently incapacitated and in need of 03 emergency life-saving services, the court may authorize the services upon determining 04 that delay until a guardianship hearing can be held would entail a life-threatening risk 05 to the person. 06 * Sec. 58. AS 13.26.545(e) is amended to read: 07 (e) If an individual subject to conservatorship [A PROTECTED PERSON] 08 dies, the conservator shall deliver to the court for safekeeping any will of the deceased 09 individual subject to conservatorship [PROTECTED PERSON] that may have 10 come into the conservator's possession and inform the executor or a beneficiary named 11 in the will that the will has been so delivered. Once a conservator knows that the 12 individual subject to conservatorship [PROTECTED PERSON] has died, the 13 conservator may not exercise authority over the [PROTECTED PERSON'S] affairs 14 and estate of the individual subject to conservatorship except to pay reasonable 15 burial expenses and to preserve, account for, and transfer control of assets to a 16 personal representative, a temporary property custodian appointed by the court, or a 17 person authorized to take custody of personal property by affidavit under 18 AS 13.16.680. If, after 40 days from the death of the individual subject to 19 conservatorship [PROTECTED PERSON], no other person has been appointed 20 personal representative and no application or petition for appointment is before the 21 court, the conservator may apply to exercise the powers and duties of a personal 22 representative in order to proceed with administering and distributing the decedent's 23 estate without additional or further appointment. Upon application for an order 24 granting the powers of a personal representative to a conservator, after notice to any 25 person demanding notice under AS 13.16.070 and to any person nominated executor 26 in any will of which the applicant is aware, the court may order the conferral of the 27 power upon determining that there is no objection, and endorse the letters of the 28 conservator to note that the individual formerly subject to conservatorship 29 [PROTECTED PERSON] is deceased and that the conservator has acquired all of the 30 powers and duties of a personal representative. The making and entry of an order 31 under this section has the effect of an order of appointment of a personal
01 representative as provided in AS 13.16.115 and 13.16.245 - 13.16.655 except that 02 estate in the name of the conservator, after administration, may be distributed to the 03 decedent's successors without prior retransfer to the conservator as personal 04 representative. 05 * Sec. 59. AS 13.26.575(a) is amended to read: 06 (a) Any person indebted to [A PROTECTED PERSON,] or having possession 07 of property or of an instrument evidencing a debt, stock, or chose in action belonging 08 to an individual subject to conservatorship under the law of another state [A 09 PROTECTED PERSON] may pay or deliver to a conservator, guardian of the estate, 10 or other like fiduciary appointed by a court of the state of residence of the individual 11 [PROTECTED PERSON], upon being presented with proof of the fiduciary's 12 appointment and an affidavit made by the fiduciary or on the fiduciary's behalf stating: 13 (1) that no protective proceeding relating to the individual 14 [PROTECTED PERSON] is pending in this state; and 15 (2) that the foreign conservator is entitled to payment or to receive 16 delivery. 17 * Sec. 60. AS 13.26.635(a) is amended to read: 18 (a) The following persons may petition a court in accordance with the 19 provisions of AS 13.29 [AS 13.26.401 - 13.26.595] to construe a power of attorney, 20 review the agent's conduct, and grant appropriate relief: 21 (1) the principal or the agent; 22 (2) the principal's attorney or other legal representative; 23 (3) a guardian, conservator, or other fiduciary acting for the principal; 24 (4) a person authorized to make health care decisions for the principal; 25 (5) the principal's spouse, parent, or descendant; 26 (6) an individual who would qualify as a presumptive heir of the 27 principal; 28 (7) a person named as a beneficiary to receive any property, benefit, or 29 contractual right on the principal's death or as a beneficiary of a trust created by or for 30 the principal that has a financial interest in the principal's estate; 31 (8) the Department of Health, the Department of Administration, the
01 office of the long term care ombudsman, or other governmental agency having 02 statutory authority to protect the welfare of the principal; 03 (9) the principal's caregiver, custodian, or another person that 04 demonstrates sufficient interest in the principal's welfare; and 05 (10) a person asked to accept the power of attorney. 06 * Sec. 61. AS 13.26.700 is amended to read: 07 Sec. 13.26.700. Purpose. The legislature recognizes that many Alaskans [, 08 FOR REASONS OF INCAPACITY OR MINORITY,] are in need of a guardian or 09 conservator and [. OFTEN THESE PERSONS] cannot find a person able and willing 10 to serve as guardian or conservator. The legislature intends through AS 13.26.700 - 11 13.26.750 to establish the function of public guardian for the purpose of furnishing 12 guardianship and conservatorship services. It further intends by establishing this 13 function to provide assistance to guardians throughout the state in securing necessary 14 services for individuals subject to guardianship [THEIR WARDS] and to assist the 15 courts, attorneys, visitors, respondents, and proposed guardians in the orderly and 16 expeditious handling of guardianship proceedings. 17 * Sec. 62. AS 13.26.710(b) is amended to read: 18 (b) A court may order the public guardian to provide a [ACT AS] full 19 guardianship [GUARDIAN], limited guardianship [PARTIAL GUARDIAN], full 20 conservatorship [CONSERVATOR], or limited conservatorship [SPECIAL 21 CONSERVATOR] for a person who is determined under this chapter to be in need of 22 guardianship or conservatorship service if no person or private guardianship 23 association is willing and qualified to perform the function. 24 * Sec. 63. AS 13.26.720(a) is amended to read: 25 (a) The public guardian has the same powers and duties when acting as a 26 guardian or conservator for an individual subject to guardianship or 27 conservatorship [WITH RESPECT TO THE PUBLIC GUARDIAN'S WARDS AND 28 PROTECTED PERSONS] as a private guardian or conservator. 29 * Sec. 64. AS 13.26.720(b) is amended to read: 30 (b) The public guardian, when appointed as guardian or conservator, shall 31 endeavor, for as long as practical, to find a suitable private guardian or conservator for
01 the individual subject to guardianship or conservatorship [PUBLIC 02 GUARDIAN'S WARD OR PROTECTED PERSON]. For each individual subject to 03 guardianship or conservatorship [WARD AND PROTECTED PERSON], the 04 public guardian shall include in its annual reports [REPORT] under AS 13.29.140 05 and 13.29.265 [AS 13.26.276(a)] to the court having jurisdiction of the individual 06 subject to guardianship or conservatorship [WARD OR PROTECTED PERSON] 07 information on the availability of a private guardian or conservator. 08 * Sec. 65. AS 13.26.720(c) is amended to read: 09 (c) The public guardian shall 10 (1) establish and maintain relationships with governmental, public, and 11 private agencies, institutions, and organizations to assure the most effective 12 guardianship or conservatorship program for each individual subject to 13 guardianship or conservatorship [WARD AND PROTECTED PERSON]; 14 (2) visit each of the public guardian's individuals subject to 15 guardianship or conservatorship [WARDS AND PROTECTED PERSONS] at least 16 once every quarter to monitor their welfare; 17 (3) keep and maintain financial and statistical records of all cases in 18 which the public guardian provides guardianship or conservatorship services; 19 (4) provide information and referrals to the public regarding 20 guardianship and conservatorship proceedings, but not information that would identify 21 a particular case; 22 (5) assist guardians and court-appointed visitors of individuals 23 subject to guardianship [WARDS] and respondents in the preparation and revision 24 of guardianship plans and reports; 25 (6) assist guardians to understand the disabilities of individuals 26 subject to guardianship [WARDS] and to foster the increased independence of 27 individuals subject to guardianship [WARDS]; 28 (7) assist guardians in securing the rights, benefits, and services to 29 which their individuals subject to guardianship [WARDS] are entitled; 30 (8) develop and maintain a current listing of public and private 31 medical, mental health, social advocacy, educational, rehabilitative, counseling,
01 therapeutic, homemaking, recreational, and financial services and programs available 02 to assist individuals subject to guardianship or conservatorship [WARDS AND 03 PROTECTED PERSONS] and their families. 04 * Sec. 66. AS 13.26.730 is amended to read: 05 Sec. 13.26.730. Intervention by public guardian. The public guardian may, 06 on the public guardian's own motion or at the request of the court, intervene in a 07 guardianship or conservatorship proceeding if the public guardian or the court 08 considers the intervention to be justified because 09 (1) an appointed guardian or conservator is not fulfilling duties; 10 (2) the estate is subject to waste as a result of the costs of the 11 guardianship or conservatorship; 12 (3) a willing and qualified guardian or conservator is not available; or 13 (4) the best interests of the individual subject to guardianship or 14 conservatorship [WARD], respondent, [PROTECTED PERSON,] or person who is 15 the subject of a conservatorship proceeding require the intervention. 16 * Sec. 67. AS 13.26.740 is amended to read: 17 Sec. 13.26.740. Staff; delegation of powers and duties. The public guardian 18 may employ staff and delegate to members of the staff or to volunteers the powers and 19 duties as guardian or conservator and other powers and duties under this chapter. 20 However, the public guardian retains responsibility for the proper performance of the 21 delegated powers and duties. The public guardian may only delegate powers and 22 duties under this chapter to an individual who is not prohibited from being a 23 guardian under AS 13.29.100(d) or (e) or conservator under AS 13.29.200(d) or 24 (e) [MEETS THE ELIGIBILITY REQUIREMENTS OF AS 13.26.311] and has 25 passed the criminal history record information check under AS 08.26.070. In addition, 26 the individual must either hold a current certification as a guardian from a nationally 27 recognized organization at the time of the delegation or apply for and receive that 28 certification within one year of the delegation. 29 * Sec. 68. AS 13.26.750(a) is amended to read: 30 (a) The commissioner of administration may establish by regulation a 31 schedule of reasonable fees for the costs of the public guardian's services. The fee
01 schedule established may be based on [UPON] the ability of the individual subject to 02 guardianship or conservatorship [WARD OR PROTECTED PERSON] to pay for 03 guardian services but may not exceed the actual cost of providing public guardian 04 services. The office of public advocacy shall charge and collect the fees established 05 under this subsection, but may waive collection of a fee upon a finding that collection 06 is not economically feasible or in the public interest. 07 * Sec. 69. AS 13.26.750(c) is amended to read: 08 (c) The public guardian may investigate the financial status of (1) a person 09 who requests the appointment of the public guardian as the person's guardian or 10 conservator; and (2) an individual subject to guardianship [A WARD] for whom a 11 court has appointed the public guardian. 12 * Sec. 70. AS 13.26.750(e) is amended to read: 13 (e) Before the office of public advocacy releases the [A WARD'S] funds of an 14 individual subject to guardianship following the termination of the public guardian's 15 appointment, the office may collect from the [WARD'S] funds of the individual 16 subject to guardianship held by the office the reasonable value of the services 17 rendered without cost to the individual subject to guardianship or conservatorship 18 [WARD OR PROTECTED PERSON]. 19 * Sec. 71. AS 13.27.030 is amended to read: 20 Sec. 13.27.030. Cooperation between courts. (a) In a guardianship or 21 conservatorship [PROTECTIVE] proceeding in this state, a court may request the 22 appropriate court of another state to 23 (1) hold an evidentiary hearing; 24 (2) order a person in that state to produce evidence or give testimony 25 under procedures of that state; 26 (3) order that an evaluation or assessment be made of the respondent; 27 (4) order any appropriate investigation of a person involved in a 28 proceeding; 29 (5) forward to the court a certified copy of the transcript or other 30 record of a hearing under (1) of this subsection or any other proceeding, any evidence 31 otherwise produced under (2) of this subsection, and any evaluation or assessment
01 prepared in compliance with an order under (3) or (4) of this subsection; 02 (6) issue any order necessary to assure the appearance in the 03 proceeding of a person whose presence is necessary for the court to make a 04 determination, including the respondent or the adult subject to guardianship or 05 conservatorship [INCAPACITATED OR PROTECTED PERSON]; 06 (7) issue an order authorizing the release of medical, financial, 07 criminal, or other relevant information in that state, including protected health 08 information as defined in 45 C.F.R. 160.103, as amended. 09 (b) If a court of another state in which a guardianship or conservatorship 10 [PROTECTIVE PROCEEDING] is pending requests assistance of the kind provided 11 in (a) of this section, a court of this state has jurisdiction for the limited purpose of 12 granting the request or making reasonable efforts to comply with the request. 13 * Sec. 72. AS 13.27.120(a) is amended to read: 14 (a) A court of this state lacking jurisdiction under AS 13.27.110 has special 15 jurisdiction to 16 (1) appoint a guardian in an emergency for a term not exceeding 90 17 days for a respondent who is physically present in this state; 18 (2) issue a protective order with respect to real or tangible personal 19 property located in this state; 20 (3) appoint a guardian or conservator for an adult subject to 21 guardianship or conservatorship [INCAPACITATED OR PROTECTED PERSON] 22 for whom a provisional order to transfer the proceeding from another state has been 23 issued under procedures similar to AS 13.27.200. 24 * Sec. 73. AS 13.27.200(c) is amended to read: 25 (c) On the court's own motion or on request of the guardian or conservator, the 26 adult subject to guardianship or conservatorship [INCAPACITATED OR 27 PROTECTED PERSON], or other person required to be notified of the petition, the 28 court shall hold a hearing on a petition filed under (a) of this section. 29 * Sec. 74. AS 13.27.200(d) is amended to read: 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 adult subject to guardianship or conservatorship 04 [INCAPACITATED PERSON] is physically present in or is reasonably expected to 05 move permanently to the other state; 06 (2) an objection to the transfer has not been made or, if an objection 07 has been made, the objector has not established that the transfer would be contrary to 08 the interests of the adult subject to guardianship or conservatorship 09 [INCAPACITATED PERSON]; and 10 (3) plans for care and services for the adult subject to guardianship 11 or conservatorship [INCAPACITATED PERSON] in the other state are reasonable 12 and sufficient. 13 * Sec. 75. AS 13.27.200(e) is amended to read: 14 (e) The court shall issue a provisional order granting a petition to transfer a 15 conservatorship and shall direct the conservator to petition for conservatorship in the 16 other state if the court is satisfied that the conservatorship will be accepted by the 17 court of the other state and the court finds that 18 (1) the adult subject to conservatorship [PROTECTED PERSON] is 19 physically present in or is reasonably expected to move permanently to the other state, 20 or the adult subject to conservatorship [PROTECTED PERSON] has a significant 21 connection to the other state considering the factors set out in AS 13.27.180(3); 22 (2) an objection to the transfer has not been made or, if an objection 23 has been made, the objector has not established that the transfer would be contrary to 24 the interests of the adult subject to conservatorship [PROTECTED PERSON]; and 25 (3) adequate arrangements will be made for management of the 26 [PROTECTED PERSON'S] property of the adult subject to conservatorship. 27 * Sec. 76. AS 13.27.210(c) is amended to read: 28 (c) On the court's own motion or on request of the guardian or conservator, the 29 adult subject to guardianship or conservatorship [INCAPACITATED OR 30 PROTECTED PERSON,] or other person required to be notified of the proceeding, 31 the court may hold a hearing on a petition filed under (a) of this section.
01 * Sec. 77. AS 13.27.210(d) is amended to read: 02 (d) The court shall issue a provisional order granting a petition filed under (a) 03 of this section unless 04 (1) an objection is made and the objector establishes that transfer of the 05 proceeding would be contrary to the interests of the adult subject to guardianship or 06 conservatorship [INCAPACITATED OR PROTECTED PERSON]; or 07 (2) the guardian or conservator is ineligible for an appointment in this 08 state. 09 * Sec. 78. AS 13.27.210(g) is amended to read: 10 (g) In granting a petition under this section, the court shall recognize a 11 guardianship or conservatorship order from the other state, including the determination 12 of the adult subject to guardianship or conservatorship's [INCAPACITATED OR 13 PROTECTED PERSON'S] incapacity and the appointment of the guardian or 14 conservator. 15 * Sec. 79. AS 13.27.210(h) is amended to read: 16 (h) The denial by a court of this state of a petition to accept a guardianship or 17 conservatorship transferred from another state does not affect the ability of the 18 guardian or conservator to seek appointment as guardian or conservator in this state 19 under AS 13.29.060 or 13.29.155 [AS 13.26.266 OR 13.26.401] if the court has 20 jurisdiction to make an appointment other than by reason of the provisional order of 21 transfer. 22 * Sec. 80. AS 13.27.310 is amended to read: 23 Sec. 13.27.310. Registration of protective orders. If a conservator has been 24 appointed in another state and a petition for a protective order is not pending in this 25 state, the conservator appointed in the other state, after giving notice to the appointing 26 court of an intent to register, may register the protective order in this state by filing as 27 a foreign judgment in a court of this state, in any judicial district in which property 28 belonging to the adult subject to conservatorship [PROTECTED PERSON] is 29 located, certified copies of the order and letters of office and of any bond. 30 * Sec. 81. AS 13.27.420 is amended to read: 31 Sec. 13.27.420. Relation to AS 13.29 [AS 13.26]. Nothing in this chapter
01 limits the rights of an adult subject to guardianship or conservatorship 02 [INCAPACITATED PERSON] available in a guardianship or conservatorship 03 proceeding in this state under AS 13.29.155 [AS 13.26]. 04 * Sec. 82. AS 13.27.490(2) is amended to read: 05 (2) "conservator" means a person appointed by the court to administer 06 the property of an adult, including a person appointed under AS 13.29.155 07 [AS 13.26.401]; 08 * Sec. 83. AS 13.27.490(3) is amended to read: 09 (3) "guardian" means a person appointed by the court to make 10 decisions regarding the person of an adult, including a person appointed under 11 AS 13.29.060 [AS 13.26.266]; however, if the person was appointed as a full guardian 12 under AS 13.29 [AS 13.26], the person has the powers and duties set out for a 13 guardian of an adult under AS 13.29 [AS 13.26.316]; 14 * Sec. 84. AS 13.27.490(8) is amended to read: 15 (8) "person" means [, EXCEPT IN THE TERMS INCAPACITATED 16 PERSON OR PROTECTED PERSON,] an individual, corporation, business trust, 17 estate, trust, partnership, limited liability company, association, joint venture, public 18 corporation, government or governmental subdivision, agency, or instrumentality, or 19 any other legal or commercial entity; 20 * Sec. 85. AS 13.27.490 is amended by adding new paragraphs to read: 21 (15) "adult subject to conservatorship" means an adult for whom a 22 protective order has been issued; 23 (16) "adult subject to guardianship" means an adult for whom a 24 guardian has been appointed. 25 * Sec. 86. AS 13 is amended by adding a new chapter to read: 26 Chapter 29. Uniform Guardianship, Conservatorship, and Other Protective 27 Arrangements Act. 28 Article 1. Guardianship of Minor. 29 Sec. 13.29.005. Basis for appointment of guardian for minor. (a) A person 30 becomes a guardian for a minor only on appointment by the court. 31 (b) The court may appoint a guardian for a minor who does not have a
01 guardian if the court finds the appointment is in the best interest of the minor and 02 (1) each parent of the minor, after being fully informed of the nature 03 and consequences of guardianship, consents; 04 (2) all parental rights have been terminated; or 05 (3) there is clear and convincing evidence that no parent of the minor 06 is willing or able to exercise the powers the court is granting the guardian. 07 Sec. 13.29.010. Petition for appointment of guardian for minor. (a) A 08 person interested in the welfare of a minor, including the minor, may petition for 09 appointment of a guardian for the minor. 10 (b) A petition under (a) of this section must state the petitioner's name, 11 principal residence and, if different, current street address, relationship to the minor, 12 interest in the appointment, the name and address of any attorney representing the 13 petitioner, and, to the extent known, the following: 14 (1) the minor's name, age, principal residence and, if different, current 15 street address, and, if different, address of the dwelling in which it is proposed the 16 minor will reside if the appointment is made; 17 (2) the name and current street address of the minor's parents; 18 (3) the name and address, if known, of each person that had primary 19 care or custody of the minor for at least 60 days during the two years immediately 20 before the filing of the petition or for at least 730 days during the five years 21 immediately before the filing of the petition; 22 (4) the name and address of any attorney for the minor and any 23 attorney for each parent of the minor; 24 (5) the reason guardianship is sought and would be in the best interest 25 of the minor; 26 (6) the name and address of any proposed guardian and the reason the 27 proposed guardian should be selected; 28 (7) if the minor has property other than personal effects, a general 29 statement of the minor's property with an estimate of its value; 30 (8) whether the minor needs an interpreter, translator, or other form of 31 support to communicate effectively with the court or understand court proceedings;
01 (9) whether any parent of the minor needs an interpreter, translator, or 02 other form of support to communicate effectively with the court or understand court 03 proceedings; and 04 (10) whether any other proceeding concerning the care or custody of 05 the minor is pending in any court in this state or another jurisdiction. 06 Sec. 13.29.015. Notice of hearing for appointment of guardian for minor. 07 (a) If a petition is filed under AS 13.29.010, the court shall schedule a hearing and the 08 petitioner shall 09 (1) serve notice of the date, time, and place of the hearing, together 10 with a copy of the petition, personally on each of the following that is not the 11 petitioner: 12 (A) the minor, if the minor will be 12 years of age or older at 13 the time of the hearing; 14 (B) each parent of the minor or, if there is none, the adult 15 nearest in kinship who can be found with reasonable diligence; 16 (C) any adult with whom the minor resides; 17 (D) each person that had primary care or custody of the minor 18 for at least 60 days during the two years immediately before the filing of the 19 petition or for at least 730 days during the five years immediately before the 20 filing of the petition; and 21 (E) any other person the court determines should receive 22 personal service of notice; and 23 (2) give notice under AS 13.29.450 of the date, time, and place of the 24 hearing, together with a copy of the petition, to 25 (A) any person nominated as guardian by the minor, if the 26 minor is 12 years of age or older; 27 (B) any nominee of a parent; 28 (C) each grandparent and adult sibling of the minor; 29 (D) any guardian or conservator acting for the minor in any 30 jurisdiction; and 31 (E) any other person the court determines should receive
01 notice. 02 (b) Notice required by (a) of this section must include a statement of the right 03 to request appointment of an attorney for the minor or object to appointment of a 04 guardian and a description of the nature, purpose, and consequences of the 05 appointment of a guardian. 06 (c) The court may not grant a petition for guardianship of a minor if notice 07 substantially complying with (a)(1) of this section is not served on 08 (1) the minor, if the minor is 12 years of age or older; and 09 (2) each parent of the minor, unless the court finds by clear and 10 convincing evidence that the parent cannot with due diligence be located and served or 11 the parent waived, in a record, the right to notice. 12 (d) If a petitioner is unable to serve notice under (a)(1) of this section on a 13 parent of a minor or alleges that the parent waived, in a record, the right to notice 14 under this section, the court shall appoint a visitor who shall 15 (1) interview the petitioner and the minor; 16 (2) if the petitioner alleges the parent cannot be located, ascertain 17 whether the parent cannot be located with due diligence; and 18 (3) investigate any other matter relating to the petition the court 19 directs. 20 Sec. 13.29.020. Attorney for minor or parent. (a) The court shall appoint an 21 attorney to represent a minor who is the subject of a proceeding under AS 13.29.010 if 22 (1) requested by the minor and the minor is 12 years of age or older; 23 (2) recommended by a guardian ad litem; or 24 (3) the court determines the minor needs representation. 25 (b) An attorney appointed under (a) of this section shall 26 (1) make a reasonable effort to ascertain the minor's wishes; 27 (2) advocate for the minor's wishes to the extent reasonably 28 ascertainable; and 29 (3) if the minor's wishes are not reasonably ascertainable, advocate for 30 the best interest of the minor. 31 (c) A minor who is the subject of a proceeding under AS 13.29.010 may retain
01 an attorney to represent the minor in the proceeding. 02 (d) A parent of a minor who is the subject of a proceeding under AS 13.29.010 03 may retain an attorney to represent the parent in the proceeding. 04 Sec. 13.29.025. Attendance and participation at hearing for appointment 05 of guardian for minor. (a) The court shall require a minor who is the subject of a 06 hearing under AS 13.29.015 to attend the hearing and allow the minor to participate in 07 the hearing unless the court determines, by clear and convincing evidence presented at 08 the hearing or a separate hearing, that 09 (1) the minor consistently and repeatedly refused to attend the hearing 10 after being fully informed of the right to attend and, if the minor is 12 years of age or 11 older, the potential consequences of failing to do so; 12 (2) there is no practicable way for the minor to attend the hearing; 13 (3) the minor lacks the ability or maturity to participate meaningfully 14 in the hearing; or 15 (4) attendance would be harmful to the minor. 16 (b) Unless excused by the court for good cause, the person proposed to be 17 appointed as guardian for a minor shall attend a hearing under AS 13.29.015. 18 (c) Each parent of a minor who is the subject of a hearing under AS 13.29.015 19 has the right to attend the hearing. 20 (d) A person may request permission to participate in a hearing under 21 13.29.015. The court may grant the request, with or without hearing, on determining 22 that it is in the best interest of the minor who is the subject of the hearing. The court 23 may impose appropriate conditions on the person's participation. 24 Sec. 13.29.030. Order of appointment; priority of nominee; limited 25 guardianship for minor. (a) After a hearing under AS 13.29.015, the court may 26 appoint a guardian for a minor if appointment is proper under AS 13.29.005, dismiss 27 the proceeding, or take other appropriate action consistent with this chapter or a law of 28 this state other than this chapter. 29 (b) In appointing a guardian under (a) of this section, the following rules 30 apply: 31 (1) the court shall appoint a person nominated as guardian by a parent
01 of the minor in a will or other record unless the court finds the appointment is contrary 02 to the best interest of the minor; 03 (2) if multiple parents have nominated different persons to serve as 04 guardian, the court shall appoint the nominee whose appointment is in the best interest 05 of the minor, unless the court finds that appointment of the nominees is not in the best 06 interest of the minor; 07 (3) if a guardian is not appointed under (1) or (2) of this subsection, the 08 court shall appoint the person nominated by the minor if the minor is 12 years of age 09 or older unless the court finds that appointment is contrary to the best interest of the 10 minor; in that case, the court shall appoint as guardian a person whose appointment is 11 in the best interest of the minor. 12 (c) In the interest of maintaining or encouraging involvement by a minor's 13 parent in the minor's life, developing self-reliance of the minor, or for other good 14 cause, the court, at the time of appointment of a guardian for the minor or later, on its 15 own or on motion of the minor or another interested person, may create a limited 16 guardianship by limiting the powers otherwise granted under AS 13.29.005 - 17 13.29.055 to the guardian. Following the same procedure, the court may grant 18 additional powers or withdraw powers previously granted. 19 (d) The court, as part of an order appointing a guardian for a minor, shall state 20 rights retained by any parent of the minor, which may include contact or visitation 21 with the minor; decision making regarding the minor's health care, education, or other 22 matters; or access to a record regarding the minor. 23 (e) An order granting a guardianship for a minor must state that each parent of 24 the minor is entitled to notice that 25 (1) the guardian has delegated custody of the minor subject to 26 guardianship; 27 (2) the court has modified or limited the powers of the guardian; or 28 (3) the court has removed the guardian. 29 (f) An order granting guardianship for a minor must identify any person in 30 addition to a parent of the minor who is entitled to notice of the events listed in (e) of 31 this section.
01 Sec. 13.29.035. Standby guardian for minor. (a) A standby guardian 02 appointed under this section may act as guardian, with all duties and powers of a 03 guardian under AS 13.29.045 and 13.29.050, if the minor does not have a parent 04 willing or able to exercise the duties and powers granted to the guardian. 05 (b) A parent of a minor, in a signed record, may nominate a person to be 06 appointed by the court as standby guardian for the minor. The parent, in a signed 07 record, may state desired limitations on the powers to be granted to the standby 08 guardian. The parent, in a signed record, may revoke or amend the nomination at any 09 time before the court appoints a standby guardian. 10 (c) The court may appoint a standby guardian for a minor on 11 (1) petition by a parent of the minor or a person nominated under (b) of 12 this section; and 13 (2) finding that the minor does not have a parent who will likely be 14 able or willing to care for or make decisions with respect to the minor not later than 15 two years after the appointment. 16 (d) A petition under (c)(1) of this section must include the same information 17 required under AS 13.29.010 for the appointment of a guardian for a minor. 18 (e) On filing a petition under (c)(1) of this section, the petitioner shall 19 (1) serve a copy of the petition personally on 20 (A) the minor, if the minor is 12 years of age or older, and the 21 minor's attorney, if any; 22 (B) each parent of the minor; 23 (C) the person nominated as standby guardian; and 24 (D) any other person the court determines should receive a 25 copy; and 26 (2) include with the copy of the petition served under (1) of this 27 subsection a statement of the right to request appointment of an attorney for the minor 28 or to object to appointment of the standby guardian, and a description of the nature, 29 purpose, and consequences of appointment of a standby guardian. 30 (f) A person entitled to notice under (e) of this section, not later than 60 days 31 after service of the petition and statement, may object to appointment of the standby
01 guardian by filing an objection with the court and giving notice of the objection to any 02 other person entitled to notice under (e) of this section. 03 (g) If an objection is filed under (f) of this section, the court shall hold a 04 hearing to determine whether a standby guardian should be appointed and, if so, the 05 person that should be appointed. If no objection is filed, the court may make the 06 appointment. 07 (h) The court may not grant a petition for a standby guardian of the minor if 08 notice substantially complying with (e) of this section is not served on 09 (1) the minor, if the minor is 12 years of age or older; and 10 (2) each parent of the minor, unless the court finds by clear and 11 convincing evidence that the parent, in a record, waived the right to notice or cannot 12 be located and served with due diligence. 13 (i) If a petitioner is unable to serve notice under (e) of this section on a parent 14 of the minor or alleges that a parent of the minor waived the right to notice under this 15 section, the court shall appoint a visitor who shall 16 (1) interview the petitioner and the minor; 17 (2) if the petitioner alleges the parent cannot be located and served, 18 ascertain whether the parent cannot be located with due diligence; and 19 (3) investigate any other matter relating to the petition the court 20 directs. 21 (j) If the court finds under (c) of this section that a standby guardian should be 22 appointed, the following rules apply: 23 (1) the court shall appoint the person nominated under (b) of this 24 section unless the court finds the appointment is contrary to the best interest of the 25 minor; 26 (2) if the parents have nominated different persons to serve as standby 27 guardian, the court shall appoint the nominee whose appointment is in the best interest 28 of the minor, unless the court finds that appointment of the nominees is not in the best 29 interest of the minor. 30 (k) An order appointing a standby guardian under this section must state that 31 each parent of the minor is entitled to notice, and identify any other person entitled to
01 notice, if 02 (1) the standby guardian assumes the duties and powers of the 03 guardian; 04 (2) the guardian delegates custody of the minor; 05 (3) the court modifies or limits the powers of the guardian; or 06 (4) the court removes the guardian. 07 (l) Before assuming the duties and powers of a guardian, a standby guardian 08 must file with the court an acceptance of appointment as guardian and give notice of 09 the acceptance to 10 (1) each parent of the minor, unless the parent, in a record, waived the 11 right to notice or cannot be located and served with due diligence; 12 (2) the minor, if the minor is 12 years of age or older; and 13 (3) any person, other than the parent, having care or custody of the 14 minor. 15 (m) A person that receives notice under (l) of this section or any other person 16 interested in the welfare of the minor may file with the court an objection to the 17 standby guardian's assumption of duties and powers of a guardian. The court shall 18 hold a hearing if the objection supports a reasonable belief that the conditions for 19 assumption of duties and powers have not been satisfied. 20 Sec. 13.29.040. Emergency guardian for minor. (a) On its own, or on 21 petition by a person interested in a minor's welfare, the court may appoint an 22 emergency guardian for the minor if the court finds 23 (1) appointment of an emergency guardian is likely to prevent 24 substantial harm to the minor's health, safety, or welfare; and 25 (2) no other person appears to have authority and willingness to act in 26 the circumstances. 27 (b) The duration of authority of an emergency guardian for a minor may not 28 exceed 60 days and the emergency guardian may exercise only the powers specified in 29 the order of appointment. The emergency guardian's authority may be extended once 30 for not more than 60 days if the court finds that the conditions for appointment of an 31 emergency guardian in (a) of this section continue.
01 (c) Except as otherwise provided in (d) of this section, reasonable notice of the 02 date, time, and place of a hearing on a petition for appointment of an emergency 03 guardian for a minor must be given to 04 (1) the minor, if the minor is 12 years of age or older; 05 (2) any attorney appointed under AS 13.29.020; 06 (3) each parent of the minor; 07 (4) any person, other than a parent, having care or custody of the 08 minor; and 09 (5) any other person the court determines should receive notice. 10 (d) The court may appoint an emergency guardian for a minor without notice 11 under (c) of this section and without a hearing only if the court finds from an affidavit 12 or testimony that the minor's health, safety, or welfare will be substantially harmed 13 before a hearing with notice on the appointment can be held. If the court appoints an 14 emergency guardian without notice to an unrepresented minor or the attorney for a 15 represented minor, notice of the appointment must be given not later than 48 hours 16 after the appointment to the individuals listed in (c) of this section. Not later than five 17 days after the appointment, the court shall hold a hearing on the appropriateness of the 18 appointment. 19 (e) Appointment of an emergency guardian under this section, with or without 20 notice, is not a determination that a basis exists for appointment of a guardian under 21 AS 13.29.005. 22 (f) The court may remove an emergency guardian appointed under this section 23 at any time. The emergency guardian shall make any report the court requires. 24 Sec. 13.29.045. Duties of guardian for minor. (a) A guardian for a minor is a 25 fiduciary. Except as otherwise limited by the court, a guardian for a minor has the 26 duties and responsibilities of a parent regarding the minor's support, care, education, 27 health, safety, and welfare. A guardian shall act in the best interest of the minor and 28 exercise reasonable care, diligence, and prudence. 29 (b) A guardian for a minor shall 30 (1) be personally acquainted with the minor and maintain sufficient 31 contact with the minor to know the minor's abilities, limitations, needs, opportunities,
01 and physical and mental health; 02 (2) take reasonable care of the personal effects of the minor and bring 03 a proceeding for a conservatorship or protective arrangement instead of 04 conservatorship if necessary to protect other property of the minor; 05 (3) expend funds of the minor that have been received by the guardian 06 for the minor's current needs for support, care, education, health, safety, and welfare; 07 (4) conserve any funds of the minor not expended under (3) of this 08 subsection for the future needs of the minor, but if a conservator is appointed for the 09 minor, pay the funds at least quarterly to the conservator to be conserved for the future 10 needs of the minor; 11 (5) report the condition of the minor and account for funds and other 12 property of the minor in the possession or subject to the control of the guardian, as 13 required by court rule or ordered by the court on application of a person interested in 14 the welfare of the minor; 15 (6) inform the court of any change in the dwelling or address of the 16 minor; and 17 (7) in determining what is in the best interest of the minor, take into 18 account the preferences of the minor to the extent actually known or reasonably 19 ascertainable by the guardian. 20 Sec. 13.29.050. Powers of guardian for minor. (a) Except as otherwise 21 limited by court order, a guardian of a minor has the powers a parent otherwise would 22 have regarding the support, care, education, health, safety, and welfare of the minor. 23 (b) Except as otherwise limited by court order, a guardian for a minor may 24 (1) apply for and receive funds and benefits otherwise payable for the 25 support of the minor to the parent, guardian, or custodian of the minor under a 26 statutory system of benefits or insurance or any private contract, devise, trust, 27 conservatorship, or custodianship; 28 (2) unless inconsistent with a court order entitled to recognition in this 29 state, take custody of the minor and establish the place of dwelling of the minor and, 30 on authorization of the court, establish or move the dwelling of the minor outside this 31 state;
01 (3) if the minor is not subject to conservatorship, commence a 02 proceeding, including an administrative proceeding, or take other appropriate action to 03 compel a person to support the minor or make a payment for the benefit of the minor; 04 (4) consent to health or other care, treatment, or service for the minor; 05 or 06 (5) to the extent reasonable, delegate to the minor responsibility for a 07 decision affecting the minor's well-being. 08 (c) The court may authorize a guardian for a minor to consent to the adoption 09 of the minor if the minor does not have a parent. 10 (d) A guardian for a minor may give consent to the marriage of the minor 11 under AS 25.05.171(b). 12 Sec. 13.29.055. Removal of guardian for minor; termination of a 13 guardianship; appointment of successor. (a) Guardianship under this chapter for a 14 minor terminates 15 (1) on the minor's 16 (A) except as provided under AS 13.16.065(d), death; 17 (B) adoption; 18 (C) emancipation; or 19 (D) attainment of majority; or 20 (2) when the court finds that the standard for appointment of a 21 guardian under AS 13.29.005 is not satisfied, unless the court finds that 22 (A) termination of the guardianship would be harmful to the 23 minor; and 24 (B) the interest of the minor in the continuation of the 25 guardianship outweighs the interest of any parent of the minor in restoration of 26 the parent's right to make decisions for the minor. 27 (b) A minor subject to guardianship or a person interested in the welfare of the 28 minor may petition the court to terminate the guardianship, modify the guardianship, 29 remove the guardian and appoint a successor guardian, or remove a standby guardian 30 and appoint a different standby guardian. 31 (c) A petitioner under (b) of this section shall give notice of the hearing on the
01 petition to the minor, if the minor is 12 years of age or older and is not the petitioner, 02 the guardian, each parent of the minor, and any other person the court determines. 03 (d) The court shall follow the priorities under AS 13.29.030(b) when selecting 04 a successor guardian for a minor. 05 (e) Not later than 30 days after appointment of a successor guardian for a 06 minor, the court shall give notice of the appointment to the minor subject to 07 guardianship, if the minor is 12 years of age or older, each parent of the minor, and 08 any other person the court determines. 09 (f) When terminating a guardianship for a minor under this section, the court 10 may issue an order providing for transitional arrangements that will assist the minor 11 with a transition of custody and is in the best interest of the minor. 12 (g) A guardian for a minor that is removed shall cooperate with a successor 13 guardian to facilitate transition of the guardian's responsibilities and protect the best 14 interest of the minor. 15 Article 2. Guardianship of Adult. 16 Sec. 13.29.060. Basis for appointment of guardian for adult. (a) On petition 17 and after notice and hearing, the court may 18 (1) appoint a guardian for an adult if the court finds by clear and 19 convincing evidence that 20 (A) the respondent lacks the ability to meet essential 21 requirements for physical health, safety, or self-care because the respondent is 22 unable to receive and evaluate information or make or communicate decisions, 23 even with appropriate supportive services, technological assistance, or 24 supported decision making; and 25 (B) the respondent's identified needs cannot be met by a 26 protective arrangement instead of guardianship or other less restrictive 27 alternative; or 28 (2) with appropriate findings, treat the petition as one for a 29 conservatorship under AS 13.29.155 - 13.29.310 or protective arrangement under 30 AS 13.29.315 - 13.29.368, issue any appropriate order, or dismiss the proceeding. 31 (b) The court shall grant a guardian appointed under (a) of this section only
01 those powers necessitated by the demonstrated needs and limitations of the respondent 02 and issue orders that will encourage development of the respondent's maximum self- 03 determination and independence. The court may not establish a full guardianship if a 04 limited guardianship, protective arrangement instead of guardianship, or other less 05 restrictive alternatives would meet the needs of the respondent. 06 Sec. 13.29.065. Petition for appointment of guardian for adult. (a) A person 07 interested in an adult's welfare, including the adult for whom the order is sought, may 08 petition for appointment of a guardian for the adult. 09 (b) A petition under (a) of this section must state the petitioner's name, 10 principal residence, current street address, if different, relationship to the respondent, 11 interest in the appointment, the name and address of any attorney representing the 12 petitioner, and, to the extent known, 13 (1) the respondent's name, age, principal residence, and, if different, 14 current street address, and, if different, address of the dwelling in which it is proposed 15 the respondent will reside if the petition is granted; 16 (2) the name and address of the respondent's 17 (A) spouse or, if the respondent has none, an adult with whom 18 the respondent has shared household responsibilities for more than six months 19 in the 12-month period immediately before the filing of the petition; 20 (B) adult children or, if none, each parent and adult sibling of 21 the respondent, or, if none, at least one adult nearest in kinship to the 22 respondent who can be found with reasonable diligence; and 23 (C) adult stepchildren whom the respondent actively parented 24 during the stepchildren's minor years and with whom the respondent had an 25 ongoing relationship in the two-year period immediately before the filing of 26 the petition; 27 (3) the name and current address of each of the following, if 28 applicable: 29 (A) a person responsible for care of the respondent; 30 (B) any attorney currently representing the respondent; 31 (C) any representative payee appointed by the United States
01 Social Security Administration for the respondent; 02 (D) a guardian or conservator acting for the respondent in this 03 state or in another jurisdiction; 04 (E) a trustee or custodian of a trust or custodianship of which 05 the respondent is a beneficiary; 06 (F) any fiduciary for the respondent appointed by the United 07 States Department of Veterans Affairs; 08 (G) an agent designated under a durable power of attorney for 09 health care under AS 13.52 in which the respondent is identified as the 10 principal; 11 (H) an agent designated under a power of attorney under 12 AS 13.26 in which the respondent is identified as the principal; 13 (I) a person nominated as guardian by the respondent; 14 (J) a person nominated as guardian by the parent or spouse of 15 the respondent in a will or other signed record; 16 (K) a proposed guardian and the reason the proposed guardian 17 should be selected; and 18 (L) a person known to have routinely assisted the respondent 19 with decision making during the six months immediately before the filing of 20 the petition; 21 (4) the reason a guardianship is necessary, including a brief description 22 of 23 (A) the nature and extent of the alleged need of the respondent; 24 (B) any protective arrangement instead of guardianship or other 25 less restrictive alternatives for meeting the alleged need of the respondent that 26 have been considered or implemented; 27 (C) if no protective arrangement instead of guardianship or 28 other less restrictive alternatives have been considered or implemented, the 29 reason they have not been considered or implemented; and 30 (D) the reason a protective arrangement instead of guardianship 31 or other less restrictive alternative is insufficient to meet the alleged need of
01 the respondent; 02 (5) whether the petitioner seeks a limited guardianship or full 03 guardianship; 04 (6) if the petitioner seeks a full guardianship, the reason a limited 05 guardianship or protective arrangement instead of guardianship is not appropriate; 06 (7) if a limited guardianship is requested, the powers to be granted to 07 the guardian; 08 (8) the name and current address, if known, of any person with whom 09 the petitioner seeks to limit the respondent's contact; 10 (9) if the respondent has property other than personal effects, a general 11 statement of the property of the respondent, with an estimate of its value, including 12 any insurance or pension, and the source and amount of other anticipated income or 13 receipts; and 14 (10) whether the respondent needs an interpreter, translator, or other 15 form of support to communicate effectively with the court or understand court 16 proceedings. 17 Sec. 13.29.070. Notice of hearing for appointment of guardian for adult. 18 (a) On filing of a petition for appointment of a guardian for an adult under 19 AS 13.29.065, the court shall set a date, time, and place for hearing the petition. 20 (b) A copy of a petition under AS 13.29.065 and notice of a hearing on the 21 petition must be served personally on the respondent. The notice must inform the 22 respondent of the respondent's rights at the hearing, including the right to an attorney 23 and to attend the hearing. The notice must include a description of the nature, purpose, 24 and consequences of granting the petition. The court may not grant the petition if 25 notice substantially complying with this subsection is not served on the respondent. 26 (c) In a proceeding on a petition under AS 13.29.065, the notice required 27 under (b) of this section must be given to the persons required to be listed in the 28 petition under AS 13.29.065(b)(1) - (3) and any other person the court determines is 29 interested in the welfare of the respondent. Failure to give notice under this subsection 30 does not preclude the court from appointing a guardian. 31 (d) After the appointment of a guardian, notice of a hearing on a petition for
01 an order under AS 13.29.060 - 13.29.150, together with a copy of the petition, must be 02 given to 03 (1) the adult subject to guardianship; 04 (2) the guardian; and 05 (3) any other person the court determines. 06 Sec. 13.29.075. Appointment and role of visitor. (a) On receipt of a petition 07 under AS 13.29.065 for appointment of a guardian for an adult, the court shall appoint 08 a visitor. The visitor must be an individual with training or experience in the type of 09 abilities, limitations, and needs alleged in the petition. 10 (b) A visitor appointed under (a) of this section shall interview the respondent 11 in person and, in a manner the respondent is best able to understand, 12 (1) explain to the respondent the substance of the petition; the nature, 13 purpose, and effect of the proceeding; the rights of the respondent at the hearing on the 14 petition; and the general powers and duties of a guardian; 15 (2) determine the views of the respondent about the appointment 16 sought by the petitioner, including views about a proposed guardian, the proposed 17 powers and duties of the guardian, and the scope and duration of the proposed 18 guardianship; 19 (3) inform the respondent of the respondent's right to employ and 20 consult with an attorney at the respondent's expense and the right to request a court- 21 appointed attorney; and 22 (4) inform the respondent that all costs and expenses of the proceeding, 23 including the respondent's attorney fees, may be paid from the respondent's assets. 24 (c) The visitor appointed under (a) of this section shall 25 (1) interview the petitioner and proposed guardian, if any; 26 (2) visit the present dwelling of the respondent and any dwelling in 27 which it is reasonably believed the respondent will live if the appointment is made; 28 (3) obtain information from any physician or other person known to 29 have treated, advised, or assessed the relevant physical or mental condition of the 30 respondent; and 31 (4) investigate the allegations in the petition and any other matter
01 relating to the petition the court directs. 02 (d) A visitor appointed under (a) of this section shall promptly file a report in 03 a record with the court, which must include 04 (1) a recommendation of whether an attorney should be appointed to 05 represent the respondent; 06 (2) a summary of self-care and independent-living tasks the respondent 07 can manage without assistance or with existing supports, could manage with the 08 assistance of appropriate supportive services, technological assistance, or supported 09 decision making, and cannot manage; 10 (3) a recommendation regarding the appropriateness of guardianship, 11 including whether a protective arrangement instead of guardianship or other less 12 restrictive alternative for meeting the needs of the respondent is available and 13 (A) if a guardianship is recommended, whether it should be full 14 or limited; and 15 (B) if a limited guardianship is recommended, the powers to be 16 granted to the guardian; 17 (4) a statement of the qualifications of the proposed guardian and 18 whether the respondent approves or disapproves of the proposed guardian; 19 (5) a statement of whether the proposed dwelling meets the 20 respondent's needs and whether the respondent has expressed a preference as to 21 residence; 22 (6) a recommendation of whether a professional evaluation under 23 AS 13.29.085 is necessary; 24 (7) a statement of whether the respondent is able to attend a hearing at 25 the location where court proceedings typically are held; 26 (8) a statement of whether the respondent is able to participate in a 27 hearing and that identifies any technology or other form of support that would enhance 28 the ability of the respondent to participate; and 29 (9) any other matter the court directs. 30 Sec. 13.29.080. Appointment and role of attorney for adult. (a) The court 31 shall appoint an attorney to represent the respondent in a proceeding for appointment
01 of a guardian for an adult if 02 (1) the respondent requests an appointment; 03 (2) the visitor recommends an appointment; or 04 (3) the court determines the respondent needs representation. 05 (b) An attorney representing the respondent in a proceeding for appointment 06 of a guardian for an adult shall 07 (1) make reasonable efforts to ascertain the wishes of the respondent; 08 (2) advocate for the wishes of the respondent to the extent reasonably 09 ascertainable; and 10 (3) if the wishes of the respondent are not reasonably ascertainable, 11 advocate for the result that is the least restrictive in type, duration, and scope, 12 consistent with the interests of the respondent. 13 Sec. 13.29.085. Professional evaluation. (a) At or before a hearing on a 14 petition for a guardianship for an adult, the court shall order a professional evaluation 15 of the respondent 16 (1) if the respondent requests the evaluation; or 17 (2) in other cases, unless the court finds that it has sufficient 18 information to determine the needs and abilities of the respondent without the 19 evaluation. 20 (b) If the court orders an evaluation under (a) of this section, the respondent 21 must be examined by a licensed physician, psychologist, social worker, or other 22 individual appointed by the court who is qualified to evaluate the alleged cognitive 23 and functional abilities and limitations of the respondent and will not be advantaged or 24 disadvantaged by a decision to grant the petition or otherwise have a conflict of 25 interest. The individual conducting the evaluation shall promptly file a report in a 26 record with the court. Unless otherwise directed by the court, the report must contain 27 (1) a description of the nature, type, and extent of the cognitive and 28 functional abilities and limitations of the respondent; 29 (2) an evaluation of the respondent's mental and physical condition 30 and, if appropriate, educational potential, adaptive behavior, and social skills; 31 (3) a prognosis for improvement and recommendation for the
01 appropriate treatment, support, or habilitation plan; and 02 (4) the date of the examination on which the report is based. 03 (c) The respondent may decline to participate in an evaluation ordered under 04 (a) of this section. 05 Sec. 13.29.090. Attendance and rights at hearing. (a) Except as otherwise 06 provided in (b) of this section, a hearing under AS 13.29.070 may not proceed unless 07 the respondent attends the hearing. If it is not reasonably feasible for the respondent to 08 attend a hearing at the location where court proceedings typically are held, the court 09 shall make reasonable efforts to hold the hearing at an alternative location convenient 10 to the respondent or allow the respondent to attend the hearing using real-time 11 audiovisual technology. 12 (b) A hearing under AS 13.29.070 may proceed without the respondent in 13 attendance if the court finds by clear and convincing evidence that 14 (1) the respondent consistently and repeatedly has refused to attend the 15 hearing after having been fully informed of the right to attend and the potential 16 consequences of failing to do so; or 17 (2) there is no practicable way for the respondent to attend and 18 participate in the hearing even with appropriate supportive services and technological 19 assistance. 20 (c) The respondent may be assisted in a hearing under AS 13.29.070 by a 21 person or persons chosen by the respondent, assistive technology, or an interpreter or 22 translator, or a combination of these supports. If assistance would facilitate the ability 23 of the respondent to participate in the hearing, but is not otherwise available to the 24 respondent, the court shall make reasonable efforts to provide it. 25 (d) The respondent has a right to choose an attorney to represent the 26 respondent at a hearing under AS 13.29.070. 27 (e) At a hearing held under AS 13.29.070, the respondent may 28 (1) present evidence and subpoena witnesses and documents; 29 (2) examine witnesses, including any court-appointed evaluator and 30 the visitor; and 31 (3) otherwise participate in the hearing.
01 (f) Unless excused by the court for good cause, a proposed guardian shall 02 attend a hearing under AS 13.29.070. 03 (g) The court shall close a hearing under AS 13.29.070 upon the respondent's 04 request and showing of good cause. 05 (h) Any person may request to participate in a hearing under AS 13.29.070. 06 The court may grant the request, with or without a hearing, on determining that the 07 best interest of the respondent will be served. The court may impose appropriate 08 conditions on the participation of the person. 09 Sec. 13.29.095. Confidentiality of records. (a) The existence of a proceeding 10 for or the existence of a guardianship for an adult is a matter of public record unless 11 the court seals the record after 12 (1) the respondent or individual subject to guardianship requests that 13 the record be sealed; and 14 (2) either 15 (A) the petition for guardianship is dismissed; or 16 (B) the guardianship is terminated. 17 (b) An adult subject to a proceeding for a guardianship, whether or not a 18 guardian is appointed, an attorney designated by the adult, and a person entitled to 19 notice under AS 13.29.105(e) or a subsequent order are entitled to access court records 20 of the proceeding and resulting guardianship, including the guardian's plan under 21 AS 13.29.135 and report under AS 13.29.140. A person not otherwise entitled to 22 access court records under this subsection for good cause may petition the court for 23 access to court records of the guardianship, including the report and plan of the 24 guardian. The court shall grant access if access is in the best interest of the respondent 25 or adult subject to guardianship or furthers the public interest and does not endanger 26 the welfare or financial interests of the adult. 27 (c) A report under AS 13.29.075 of a visitor or a professional evaluation under 28 AS 13.29.085 is confidential and must be sealed on filing, but is available to 29 (1) the court; 30 (2) the individual who is the subject of the report or evaluation, 31 without limitation as to use;
01 (3) the petitioner, visitor, and petitioner's and respondent's attorneys, 02 for purposes of the proceeding; 03 (4) unless the court orders otherwise, an agent appointed under a 04 durable power of attorney for health care under AS 13.52 or power of attorney under 05 AS 13.26 in which the respondent is the principal; and 06 (5) any other person if it is in the public interest or for a purpose the 07 court orders for good cause. 08 Sec. 13.29.100. Who may be guardian for adult; order of priority. (a) 09 Except as otherwise provided in (c) of this section, the court in appointing a guardian 10 for an adult shall consider persons qualified to be guardian in the following order of 11 priority: 12 (1) a guardian, other than a temporary or emergency guardian, 13 currently acting for the respondent in another jurisdiction; 14 (2) a person nominated as guardian by the respondent, including the 15 respondent's most recent nomination made in a power of attorney under AS 13.26; 16 (3) an agent appointed by the respondent under a durable power of 17 attorney for health care under AS 13.52; 18 (4) a spouse of the respondent; 19 (5) a family member or other individual who has shown special care 20 and concern for the respondent; 21 (6) a private professional guardian; and 22 (7) the public guardian. 23 (b) If two or more persons have equal priority under (a) of this section, the 24 court shall select as guardian the person the court considers best qualified. In 25 determining the best qualified person, the court shall consider the relationship of the 26 person with the respondent, the skills of the person, the expressed wishes of the 27 respondent, the extent to which the person and the respondent have similar values and 28 preferences, and the likelihood the person will be able to perform the duties of a 29 guardian successfully. 30 (c) If it is in the best interest of the respondent, the court may decline to 31 appoint as guardian a person having priority under (a) of this section and appoint a
01 person having a lower priority or no priority. 02 (d) A person that provides paid services to the respondent, or an individual 03 who is employed by a person that provides paid services to the respondent or is the 04 spouse, parent, or child of an individual who provides or is employed to provide paid 05 services to the respondent, may not be appointed as guardian unless 06 (1) the individual is related to the respondent by blood, marriage, or 07 adoption; or 08 (2) the court finds by clear and convincing evidence that the person is 09 the best qualified person available for appointment and the appointment is in the best 10 interest of the respondent. 11 (e) An owner, operator, or employee of a long-term care facility at which the 12 respondent is receiving care may not be appointed as guardian unless the owner, 13 operator, or employee is related to the respondent by blood, marriage, or adoption. 14 Sec. 13.29.105. Order of appointment for guardian. (a) A court order 15 appointing a guardian for an adult must 16 (1) include a specific finding that clear and convincing evidence 17 established that the identified needs of the respondent cannot be met by a protective 18 arrangement instead of guardianship or other less restrictive alternative, including use 19 of appropriate supportive services, technological assistance, or supported decision 20 making; 21 (2) include a specific finding that clear and convincing evidence 22 established that the respondent was given proper notice of the hearing on the petition; 23 (3) state whether the adult subject to guardianship retains the right to 24 vote and, if the adult does not retain the right to vote, include findings that support 25 removing that right, which must include a finding that the adult cannot communicate, 26 with or without support, a specific desire to participate in the voting process; and 27 (4) state whether the adult subject to guardianship retains the right to 28 marry and, if the adult does not retain the right to marry, include findings that support 29 removing that right. 30 (b) An adult subject to guardianship retains the right to vote unless the order 31 under (a) of this section includes the statement required under (a)(3) of this section.
01 An adult subject to guardianship retains the right to marry unless the order under (a) of 02 this section includes the findings required under (a)(4) of this section. 03 (c) A court order establishing a full guardianship for an adult must state the 04 basis for granting a full guardianship and include specific findings that support the 05 conclusion that a limited guardianship would not meet the functional needs of the 06 adult subject to guardianship. 07 (d) A court order establishing a limited guardianship for an adult must state 08 the specific powers granted to the guardian. 09 (e) The court, as part of an order establishing a guardianship for an adult, shall 10 identify any person that is entitled to 11 (1) notice of the rights of the adult under AS 13.29.110(b); 12 (2) notice of a change in the primary dwelling of the adult; 13 (3) notice that the guardian has delegated 14 (A) the power to manage the care of the adult; 15 (B) the power to make decisions about where the adult lives; 16 (C) the power to make major medical decisions on behalf of the 17 adult; 18 (D) a power that requires court approval under AS 13.29.130; 19 or 20 (E) substantially all powers of the guardian; 21 (4) notice that the guardian will be unavailable to visit the adult for 22 more than two months or unavailable to perform the guardian's duties for more than 23 one month; 24 (5) a copy of the plan of the guardian under AS 13.29.135 and the 25 report of the guardian under AS 13.29.140; 26 (6) access to court records relating to the guardianship; 27 (7) notice of the death or significant change in the condition of the 28 adult; 29 (8) notice that the court has limited or modified the powers of the 30 guardian; and 31 (9) notice of the removal of the guardian.
01 (f) A spouse and adult children of an adult subject to guardianship are entitled 02 to notice under (e) of this section unless the court determines notice would be contrary 03 to the preferences or prior directions of the adult subject to guardianship or not in the 04 best interest of the adult. 05 Sec. 13.29.110. Notice of order of appointment; rights. (a) A guardian 06 appointed under AS 13.29.100 shall give the adult subject to guardianship and all 07 other persons given notice under AS 13.29.070 a copy of the order of appointment, 08 together with notice of the right to request termination or modification. The order and 09 notice must be given not later than 14 days after the appointment. 10 (b) Not later than 30 days after appointment of a guardian under 11 AS 13.29.100, the court shall give to the adult subject to guardianship, the guardian, 12 and any other person entitled to notice under AS 13.29.105(e) or a subsequent order a 13 statement of the rights of the adult subject to guardianship and procedures to seek 14 relief if the adult is denied those rights. The statement must be in at least 16-point font, 15 in plain language, and, to the extent feasible, in a language in which the adult subject 16 to guardianship is proficient. The statement must notify the adult subject to 17 guardianship of the right to 18 (1) seek termination or modification of the guardianship or removal of 19 the guardian, and choose an attorney to represent the adult in these matters; 20 (2) be involved in decisions affecting the adult, including decisions 21 about the adult's care, dwelling, activities, or social interactions, to the extent 22 reasonably feasible; 23 (3) be involved in health care decision making to the extent reasonably 24 feasible; 25 (4) be supported in understanding the risks and benefits of health care 26 options to the extent reasonably feasible; 27 (5) be notified at least 14 days before a change in the adult's primary 28 dwelling or permanent move to a nursing home, mental health facility, or other facility 29 that places restrictions on the individual's ability to leave or have visitors unless the 30 change or move is proposed in the plan of the guardian under AS 13.29.135 or 31 authorized by the court by specific order;
01 (6) object to a change or move described in (5) of this subsection and 02 the process for objecting; 03 (7) communicate, visit, or interact with others, including receiving 04 visitors, and making or receiving telephone calls, personal mail, or electronic 05 communications, including through social media, unless 06 (A) the guardian has been authorized by the court by specific 07 order to restrict communications, visits, or interactions; 08 (B) a protective order or protective arrangement instead of 09 guardianship is in effect that limits contact between the adult and a person; or 10 (C) the guardian has good cause to believe restriction is 11 necessary because interaction with a specified person poses a risk of significant 12 physical, psychological, or financial harm to the adult, and the restriction is 13 (i) for a period of not more than seven business days if 14 the person has a family or pre-existing social relationship with the 15 adult; or 16 (ii) for a period of not more than 60 days if the person 17 does not have a family or pre-existing social relationship with the adult; 18 (8) receive a copy of the plan of the guardian under AS 13.29.135 and 19 the report of the guardian under AS 13.29.140; and 20 (9) object to the plan or report of the guardian. 21 Sec. 13.29.115. Emergency guardian for adult. (a) On its own after a petition 22 has been filed under AS 13.29.065, or on petition by a person interested in an adult's 23 welfare, the court may appoint an emergency guardian for the adult if the court finds 24 (1) appointment of an emergency guardian is likely to prevent 25 substantial harm to the adult's physical health, safety, or welfare; 26 (2) no other person appears to have authority and willingness to act in 27 the circumstances; and 28 (3) there is reason to believe that a basis for appointment of a guardian 29 under AS 13.29.060 exists. 30 (b) The duration of authority of an emergency guardian for an adult may not 31 exceed 60 days, and the emergency guardian may exercise only the powers specified
01 in the order of appointment. The authority of the emergency guardian may be 02 extended once for not more than 60 days if the court finds that the conditions for 03 appointment of an emergency guardian under (a) of this section continue. 04 (c) Immediately on filing of a petition for appointment of an emergency 05 guardian for an adult, the court shall appoint an attorney to represent the respondent in 06 the proceeding. Except as otherwise provided in (d) of this section, reasonable notice 07 of the date, time, and place of a hearing on the petition must be given to the 08 respondent, the respondent's attorney, and any other person the court determines. 09 (d) The court may appoint an emergency guardian for an adult without notice 10 to the adult and any attorney for the adult only if the court finds from an affidavit or 11 testimony that the respondent's physical health, safety, or welfare will be substantially 12 harmed before a hearing with notice on the appointment can be held. If the court 13 appoints an emergency guardian without giving notice under (c) of this section, the 14 court must 15 (1) give notice of the appointment, not later than 48 hours after the 16 appointment, to 17 (A) the respondent; 18 (B) the respondent's attorney; and 19 (C) any other person the court determines; and 20 (2) hold a hearing on the appropriateness of the appointment not later 21 than five days after the appointment. 22 (e) Appointment of an emergency guardian under this section is not a 23 determination that a basis exists for appointment of a guardian under AS 13.29.060. 24 (f) The court may remove an emergency guardian appointed under this section 25 at any time. The emergency guardian shall make any report the court requires. 26 Sec. 13.29.120. Duties of guardian for adult. (a) A guardian for an adult is a 27 fiduciary. Except as otherwise limited by the court, a guardian for an adult shall make 28 decisions regarding the support, care, education, health, and welfare of the adult 29 subject to guardianship to the extent necessitated by the limitations of the adult. 30 (b) A guardian for an adult shall promote the self-determination of the adult 31 and, to the extent reasonably feasible, encourage the adult to participate in decisions,
01 act on the adult's own behalf, and develop or regain the capacity to manage the adult's 02 personal affairs. In furtherance of this duty, the guardian shall 03 (1) become or remain personally acquainted with the adult and 04 maintain sufficient contact with the adult, including through regular visitation, to 05 know the adult's abilities, limitations, needs, opportunities, and physical and mental 06 health; 07 (2) to the extent reasonably feasible, identify the values and 08 preferences of the adult and involve the adult in decisions affecting the adult, 09 including decisions about the adult's care, dwelling, activities, or social interactions; 10 and 11 (3) make reasonable efforts to identify and facilitate supportive 12 relationships and services for the adult. 13 (c) A guardian for an adult at all times shall exercise reasonable care, 14 diligence, and prudence when acting on behalf of or making decisions for the adult. In 15 furtherance of this duty, the guardian shall 16 (1) take reasonable care of the personal effects, pets, and service or 17 support animals of the adult and bring a proceeding for a conservatorship or protective 18 arrangement instead of conservatorship if necessary to protect the property of the 19 adult; 20 (2) expend funds and other property of the adult received by the 21 guardian for the adult's current needs for support, care, education, health, and welfare; 22 (3) conserve any funds and other property of the adult not expended 23 under (2) of this subsection for the future needs of the adult, but if a conservator has 24 been appointed for the adult, pay the funds and other property at least quarterly to the 25 conservator to be conserved for the future needs of the adult; and 26 (4) monitor the quality of services, including long-term care services, 27 provided to the adult. 28 (d) In making a decision for an adult subject to guardianship, the guardian 29 shall make the decision the guardian reasonably believes the adult would make if the 30 adult were able unless doing so would unreasonably harm or endanger the welfare or 31 personal or financial interests of the adult. To determine the decision the adult subject
01 to guardianship would make if able, the guardian shall consider the adult's previous or 02 current directions, preferences, opinions, values, and actions, to the extent actually 03 known or reasonably ascertainable by the guardian. 04 (e) If a guardian for an adult cannot make a decision under (d) of this section 05 because the guardian does not know and cannot reasonably determine the decision the 06 adult likely would make if able, or the guardian reasonably believes the decision the 07 adult would make would unreasonably harm or endanger the welfare or personal or 08 financial interests of the adult, the guardian shall act in accordance with the best 09 interest of the adult. In determining the best interest of the adult, the guardian shall 10 consider 11 (1) information received from professionals and persons that 12 demonstrate sufficient interest in the welfare of the adult; 13 (2) other information the guardian believes the adult would have 14 considered if the adult were able to act; and 15 (3) other factors a reasonable person in the circumstances of the adult 16 would consider, including consequences for others. 17 (f) A guardian for an adult shall immediately notify the court if the condition 18 of the adult has changed so that the adult is capable of exercising rights previously 19 removed. 20 Sec. 13.29.125. Powers of guardian for adult. (a) Except as limited by court 21 order, a guardian for an adult may 22 (1) apply for and receive funds and benefits for the support of the 23 adult, unless a conservator is appointed for the adult and the application or receipt is 24 within the powers of the conservator; 25 (2) unless inconsistent with a court order, establish the adult's place of 26 dwelling; 27 (3) consent to health or other care, treatment, or service for the adult; 28 (4) if a conservator for the adult has not been appointed, commence a 29 proceeding, including an administrative proceeding, or take other appropriate action to 30 compel another person to support the adult or pay funds for the benefit of the adult; 31 (5) to the extent reasonable, delegate to the adult responsibility for a
01 decision affecting the adult's well-being; and 02 (6) receive personally identifiable health care information regarding 03 the adult. 04 (b) The court by specific order may authorize a guardian for an adult to 05 consent to the adoption of the adult. 06 (c) In determining whether to authorize a power under (b) of this section, the 07 court shall consider whether the underlying act would be in accordance with the 08 preferences, values, and prior directions of the adult and whether the underlying act 09 would be in the best interest of the adult. 10 (d) In exercising a guardian's power to establish the place of dwelling of the 11 adult under (a)(2) of this section, the guardian shall 12 (1) select a residential setting the guardian believes the adult would 13 select if the adult were able, in accordance with the decision-making standard under 14 AS 13.29.120(d) and (e). If the guardian does not know and cannot reasonably 15 determine what setting the adult subject to guardianship would likely choose if able, or 16 the guardian reasonably believes the decision the adult would make would 17 unreasonably harm or endanger the welfare or personal or financial interests of the 18 adult, the guardian shall choose a residential setting that is consistent with the best 19 interest of the adult in accordance with AS 13.29.120(e); 20 (2) in selecting among residential settings, give priority to a residential 21 setting in a location that will allow the adult to interact with persons important to the 22 adult and meet the needs of the adult in the least restrictive manner reasonably feasible 23 unless to do so would be inconsistent with the decision-making standard in 24 AS 13.29.120(d) and (e); 25 (3) not later than 30 days after a change in the dwelling of the adult, 26 (A) give notice of the change to the court, the adult, and any 27 person identified as entitled to the notice in the court order appointing the 28 guardian or a subsequent order; and 29 (B) include in the notice the address and nature of the new 30 dwelling and state whether the adult received advance notice of the change and 31 whether the adult objected to the change;
01 (4) establish or move the permanent place of dwelling of the adult to a 02 nursing home, mental health facility, or other facility that places restrictions on the 03 adult's ability to leave or have visitors only if 04 (A) the establishment or move is in the plan of the guardian 05 under AS 13.29.135; 06 (B) the court authorizes the establishment or move; or 07 (C) the guardian gives notice of the establishment or move at 08 least 14 days before the establishment or move to the adult and all persons 09 entitled to notice under AS 13.29.105(e)(2) or a subsequent order, and no 10 objection is filed; 11 (5) establish or move the place of dwelling of the adult outside this 12 state only if consistent with the plan of the guardian and authorized by the court by 13 specific order; and 14 (6) take action that would result in the sale of the primary dwelling or 15 surrender of the rental agreement or lease to the primary dwelling of the adult only if 16 (A) the action is specifically included in the plan of the 17 guardian under AS 13.29.135; 18 (B) the court authorizes the action by specific order; or 19 (C) notice of the action was given at least 14 days before the 20 action to the adult and all persons entitled to the notice under 21 AS 13.29.105(e)(2) or a subsequent order and no objection has been filed. 22 (e) In exercising a guardian's power under (a)(3) of this section to make health 23 care decisions, the guardian shall 24 (1) involve the adult in decision making to the extent reasonably 25 feasible, including, when practicable, by encouraging and supporting the adult in 26 understanding the risks and benefits of health care options; 27 (2) defer to a decision by an agent under a durable power of attorney 28 for health care under AS 13.52 executed by the adult and cooperate to the extent 29 feasible with the agent making the decision; and 30 (3) take into account 31 (A) the risks and benefits of treatment options; and
01 (B) the current and previous wishes and values of the adult if 02 known or reasonably ascertainable by the guardian. 03 Sec. 13.29.130. Special limitations on guardian's power. (a) Unless 04 authorized by the court by specific order, a guardian for an adult does not have the 05 power to revoke or amend a durable power of attorney for health care under AS 13.52 06 or durable power of attorney under AS 13.26 executed by the adult. If a durable power 07 of attorney for health care under AS 13.52 is in effect, unless there is a court order to 08 the contrary, a health care decision of an agent takes precedence over that of the 09 guardian, and the guardian shall cooperate with the agent to the extent feasible. If a 10 durable power of attorney under AS 13.26 is in effect, unless there is a court order to 11 the contrary, a decision by the agent that the agent is authorized to make under the 12 power of attorney takes precedence over that of the guardian, and the guardian shall 13 cooperate with the agent to the extent feasible. 14 (b) A guardian for an adult may not initiate the commitment of the adult to a 15 mental health facility except in accordance with the procedure for involuntary 16 commitment under AS 47.30. 17 (c) A guardian for an adult may not restrict the ability of the adult to 18 communicate, visit, or interact with others, including receiving visitors and making or 19 receiving telephone calls, personal mail, or electronic communications, including 20 through social media, or participating in social activities, unless 21 (1) authorized by the court by specific order; 22 (2) a protective order or protective arrangement instead of 23 guardianship is in effect that limits contact between the adult and a person; or 24 (3) the guardian has good cause to believe restriction is necessary 25 because interaction with a specified person poses a risk of significant physical, 26 psychological, or financial harm to the adult and the restriction is 27 (A) for a period of not more than seven business days if the 28 person has a family or pre-existing social relationship with the adult; or 29 (B) for a period of not more than 60 days if the person does not 30 have a family or pre-existing social relationship with the adult. 31 (d) A guardian for an adult may not prohibit the marriage or divorce of the
01 adult if the adult retains the right to marry under AS 13.29.105. 02 Sec. 13.29.135. Guardian's plan. (a) A guardian for an adult shall file with 03 the court a plan for the care of the adult not later than 60 days after appointment, when 04 there is a significant change in circumstances, or when the guardian seeks to deviate 05 significantly from the guardian's plan. The plan must be based on the needs of the 06 adult and take into account the best interest of the adult as well as the adult's 07 preferences, values, and prior directions, to the extent known to or reasonably 08 ascertainable by the guardian. The guardian shall include in the plan 09 (1) the living arrangement, services, and supports the guardian expects 10 to arrange, facilitate, or continue for the adult; 11 (2) social and educational activities the guardian expects to facilitate 12 on behalf of the adult; 13 (3) any person with whom the adult has a close personal relationship or 14 relationship involving regular visitation and any plan the guardian has for facilitating 15 visits with the person; 16 (4) the anticipated nature and frequency of the guardian's visits and 17 communication with the adult; 18 (5) goals for the adult, including goals related to the restoration of the 19 rights of the adult and how the guardian anticipates achieving the goals; 20 (6) whether the adult has an existing plan and, if so, whether the plan 21 of the guardian is consistent with the plan of the adult; and 22 (7) a statement or list of the amount the guardian proposes to charge 23 for each service the guardian anticipates providing to the adult. 24 (b) A guardian shall give notice of the filing of the guardian's plan under (a) of 25 this section, together with a copy of the plan, to the adult subject to guardianship, a 26 person entitled to notice under AS 13.29.105(e) or a subsequent order, and any other 27 person the court determines. The notice must include a statement of the right to object 28 to the plan and be given not later than 14 days after the filing. 29 (c) An adult subject to guardianship and any person entitled under (b) of this 30 section to receive notice and a copy of the plan of the guardian may object to the plan. 31 (d) The court shall review the plan of the guardian filed under (a) of this
01 section and determine whether to approve the plan or require a new plan. In deciding 02 whether to approve the plan, the court shall consider an objection under (c) of this 03 section and whether the plan is consistent with the guardian's duties and powers under 04 AS 13.29.120 and 13.29.125. The court may not approve the plan until 30 days after 05 its filing. 06 (e) After the plan of the guardian filed under this section is approved by the 07 court, the guardian shall provide a copy of the plan to the adult subject to 08 guardianship, a person entitled to notice under AS 13.29.105(e) or a subsequent order, 09 and any other person the court determines. 10 Sec. 13.29.140. Guardian's report; monitoring of guardianship. (a) A 11 guardian for an adult, not later than 60 days after appointment and at least annually 12 thereafter, shall file with the court a report in a record regarding the condition of the 13 adult and accounting for funds and other property in the possession or subject to the 14 control of the guardian. 15 (b) A report under (a) of this section must state or contain 16 (1) the mental, physical, and social condition of the adult; 17 (2) the living arrangements of the adult during the reporting period; 18 (3) a summary of the supported decision making, technological 19 assistance, medical services, educational and vocational services, and other supports 20 and services provided to the adult and the guardian's opinion as to the adequacy of the 21 adult's care; 22 (4) a summary of the guardian's visits with the adult, including the 23 dates of the visits; 24 (5) action taken on behalf of the adult; 25 (6) the extent to which the adult has participated in decision making; 26 (7) if the adult is living in a mental health facility or living in a facility 27 that provides the adult with health care or other personal services, whether the 28 guardian considers the facility's current plan for support, care, treatment, or 29 habilitation consistent with the adult's preferences, values, prior directions, and best 30 interest; 31 (8) anything of more than minimal value that the guardian, any
01 individual who resides with the guardian, or the spouse, parent, child, or sibling of the 02 guardian has received from an individual providing goods or services to the adult; 03 (9) if the guardian delegated a power to an agent, the power delegated 04 and the reason for the delegation; 05 (10) any business relation the guardian has with a person the guardian 06 has paid or that has benefited from the property of the adult; 07 (11) a copy of the guardian's most recently approved plan under 08 AS 13.29.135 and a statement whether the guardian has deviated from the plan and, if 09 so, how the guardian has deviated and why; 10 (12) plans for future care and support of the adult; 11 (13) a recommendation as to the need for continued guardianship and 12 any recommended change in the scope of the guardianship; and 13 (14) whether any co-guardian or successor guardian appointed to serve 14 when a designated event occurs is alive and able to serve. 15 (c) The court may appoint a visitor to review a report submitted under this 16 section or a plan of a guardian submitted under AS 13.29.135, interview the guardian 17 or adult subject to guardianship, or investigate any other matter involving the 18 guardianship. 19 (d) Notice of the filing under this section of a guardian's report, together with 20 a copy of the report, must be given to the adult subject to guardianship, a person 21 entitled to notice under AS 13.29.105(e) or a subsequent order, and any other person 22 the court determines. The notice and report must be given not later than 14 days after 23 the filing. 24 (e) The court shall establish procedures for monitoring a report submitted 25 under this section and review each report at least annually to determine whether 26 (1) the report provides sufficient information to establish the guardian 27 has complied with the duties of the guardian; 28 (2) the guardianship should continue; and 29 (3) the guardian's requested fees, if any, should be approved. 30 (f) If the court determines there is reason to believe a guardian for an adult has 31 not complied with the duties of the guardian or the guardianship should be modified or
01 terminated, the court 02 (1) shall notify the adult, the guardian, and any other person entitled to 03 notice under AS 13.29.105(e) or a subsequent order; 04 (2) may require additional information from the guardian; 05 (3) may appoint a visitor to interview the adult or guardian or 06 investigate any matter involving the guardianship; and 07 (4) consistent with AS 13.29.145 and 13.29.150, may hold a hearing to 08 consider removal of the guardian, termination of the guardianship, or a change in the 09 powers granted to the guardian or terms of the guardianship. 10 (g) If the court has reason to believe fees requested by a guardian for an adult 11 are not reasonable, the court shall hold a hearing to determine whether to adjust the 12 requested fees. 13 (h) A guardian for an adult may petition the court for approval of a report filed 14 under this section. The court after review may approve the report. If the court 15 approves the report, there is a rebuttable presumption the report is accurate as to a 16 matter adequately disclosed in the report. 17 Sec. 13.29.145. Removal of guardian for adult; appointment of successor. 18 (a) The court may remove a guardian for an adult for failure to perform the duties of 19 the guardian or for other good cause and appoint a successor guardian to assume the 20 duties of guardian. 21 (b) The court shall hold a hearing to determine whether to remove a guardian 22 for an adult and appoint a successor guardian on 23 (1) petition of the adult, guardian, or person interested in the welfare of 24 the adult, which contains allegations that, if true, would support a reasonable belief 25 that removal of the guardian and appointment of a successor guardian may be 26 appropriate, but the court may decline to hold a hearing if a petition based on the same 27 or substantially similar facts was filed during the preceding six months; 28 (2) communication from the adult, guardian, or person interested in the 29 welfare of the adult which supports a reasonable belief that removal of the guardian 30 and appointment of a successor guardian may be appropriate; or 31 (3) determination by the court that a hearing would be in the best
01 interest of the adult. 02 (c) Notice of a petition under (b)(1) of this section must be given to the adult 03 subject to guardianship, the guardian, and any other person the court determines. 04 (d) An adult subject to guardianship who seeks to remove the guardian and 05 have a successor guardian appointed has the right to choose an attorney to represent 06 the adult in this matter. If the adult is not represented by an attorney, the court shall 07 appoint an attorney under the same conditions in AS 13.29.080. The court shall award 08 reasonable attorney fees to the attorney for the adult as provided in AS 13.29.480. 09 (e) In selecting a successor guardian for an adult, the court shall follow the 10 priorities under AS 13.29.100. 11 (f) Not later than 30 days after appointing a successor guardian, the court shall 12 give notice of the appointment to the adult subject to guardianship and any person 13 entitled to notice under AS 13.29.105(e) or a subsequent order. 14 Sec. 13.29.150. Termination or modification of guardianship for adult. (a) 15 An adult subject to guardianship, the guardian for the adult, or a person interested in 16 the welfare of the adult may petition for 17 (1) termination of the guardianship on the ground that a basis for 18 appointment under AS 13.29.060 does not exist or termination would be in the best 19 interest of the adult or for other good cause; or 20 (2) modification of the guardianship on the ground that the extent of 21 protection or assistance granted is not appropriate or for other good cause. 22 (b) The court shall hold a hearing to determine whether termination or 23 modification of a guardianship for an adult is appropriate on 24 (1) petition under (a) of this section which contains allegations that, if 25 true, would support a reasonable belief that termination or modification of the 26 guardianship may be appropriate, but the court may decline to hold a hearing if a 27 petition based on the same or substantially similar facts was filed during the preceding 28 six months; 29 (2) communication from the adult, guardian, or person interested in the 30 welfare of the adult which supports a reasonable belief that termination or 31 modification of the guardianship may be appropriate, including because the functional
01 needs of the adult or supports or services available to the adult have changed; 02 (3) a report from a guardian or conservator which indicates that 03 termination or modification may be appropriate because the functional needs of the 04 adult or supports or services available to the adult have changed or a protective 05 arrangement instead of guardianship or other less restrictive alternative for meeting the 06 needs of the adult is available; or 07 (4) a determination by the court that a hearing would be in the best 08 interest of the adult. 09 (c) Notice of a petition under (b)(1) of this section must be given to the adult 10 subject to guardianship, the guardian, and any other person the court determines. 11 (d) On presentation of prima facie evidence for termination of a guardianship 12 for an adult, the court shall order termination unless it is proven that a basis for 13 appointment of a guardian under AS 13.29.060 exists. 14 (e) The court shall modify the powers granted to a guardian for an adult if the 15 powers are excessive or inadequate because of a change in the abilities or limitations 16 of the adult, the supports of the adult, or other circumstances. 17 (f) Unless the court otherwise orders for good cause, before terminating or 18 modifying a guardianship for an adult, the court shall follow the same procedures that 19 apply to a petition for guardianship to safeguard the rights of the adult. 20 (g) An adult subject to guardianship who seeks to terminate or modify the 21 terms of the guardianship has the right to choose an attorney to represent the adult in 22 the matter. If the adult is not represented by an attorney, the court shall appoint an 23 attorney under the same conditions as in AS 13.29.080. The court shall award 24 reasonable attorney fees to the attorney for the adult as provided in AS 13.29.480. 25 Article 3. Conservatorship. 26 Sec. 13.29.155. Basis for appointment of conservator. (a) On petition and 27 after notice and hearing, the court may appoint a conservator for the property or 28 financial affairs of a minor if the court finds by a preponderance of evidence that 29 (1) appointment of a conservator is in the best interest of the minor; if 30 the minor has a parent, the court shall give weight to any recommendation of the 31 parent on whether an appointment is in the best interest of the minor; and
01 (2) one of the following applies: 02 (A) the minor owns funds or other property requiring 03 management or protection that otherwise cannot be provided; 04 (B) the minor has or may have financial affairs that may be put 05 at unreasonable risk or hindered because of the age of the minor; or 06 (C) appointment is necessary or desirable to obtain or provide 07 funds or other property needed for the support, care, education, health, or 08 welfare of the minor. 09 (b) On petition and after notice and hearing, the court may appoint a 10 conservator for the property or financial affairs of an adult if the court finds by clear 11 and convincing evidence that 12 (1) the adult is unable to manage property or financial affairs because 13 (A) of a limitation in the ability of the adult to receive and 14 evaluate information or make or communicate decisions, even with the use of 15 appropriate supportive services, technological assistance, or supported decision 16 making; or 17 (B) the adult is missing, detained, or unable to return to the 18 United States; 19 (2) appointment is necessary to 20 (A) avoid harm to the adult or significant dissipation of the 21 property of the adult; or 22 (B) obtain or provide funds or other property needed for the 23 support, care, education, health, or welfare of the adult or of an individual 24 entitled to the support of the adult; and 25 (3) the respondent's identified needs cannot be met by a protective 26 arrangement instead of conservatorship or other less restrictive alternative. 27 (c) The court shall grant a conservator only those powers necessitated by 28 demonstrated limitations and needs of the respondent and issue orders that will 29 encourage development of the maximum self-determination and independence of the 30 respondent. The court may not establish a full conservatorship if a limited 31 conservatorship, protective arrangement instead of conservatorship, or other less
01 restrictive alternative would meet the needs of the respondent. 02 Sec. 13.29.160. Petition for appointment of conservator. (a) The following 03 may petition for the appointment of a conservator: 04 (1) the individual for whom the order is sought; 05 (2) a person interested in the estate, financial affairs, or welfare of the 06 individual, including a person that would be adversely affected by lack of effective 07 management of property or financial affairs of the individual; or 08 (3) the guardian for the individual. 09 (b) A petition under (a) of this section must state the petitioner's name, 10 principal residence, current street address, if different, relationship to the respondent, 11 interest in the appointment, the name and address of any attorney representing the 12 petitioner, and, to the extent known, the following: 13 (1) the respondent's name, age, principal residence, current street 14 address, if different, and, if different, address of the dwelling in which it is proposed 15 the respondent will reside if the petition is granted; 16 (2) the name and address of the respondent's 17 (A) spouse or, if the respondent has none, an adult with whom 18 the respondent has shared household responsibilities for more than six months 19 in the 12-month period before the filing of the petition; 20 (B) adult children or, if none, each parent and adult sibling of 21 the respondent, or, if none, at least one adult nearest in kinship to the 22 respondent who can be found with reasonable diligence; and 23 (C) adult stepchildren whom the respondent actively parented 24 during the stepchildren's minor years and with whom the respondent had an 25 ongoing relationship during the two years immediately before the filing of the 26 petition; 27 (3) the name and current address of each of the following, if 28 applicable: 29 (A) a person responsible for the care or custody of the 30 respondent; 31 (B) any attorney currently representing the respondent;
01 (C) the representative payee appointed by the United States 02 Social Security Administration for the respondent; 03 (D) a guardian or conservator acting for the respondent in this 04 state or another jurisdiction; 05 (E) a trustee or custodian of a trust or custodianship of which 06 the respondent is a beneficiary; 07 (F) the fiduciary appointed for the respondent by the United 08 States Department of Veterans Affairs; 09 (G) an agent designated under a durable power of attorney for 10 health care under AS 13.52 in which the respondent is identified as the 11 principal; 12 (H) an agent designated under a power of attorney under 13 AS 13.26 in which the respondent is identified as the principal; 14 (I) a person known to have routinely assisted the respondent 15 with decision making in the six-month period immediately before the filing of 16 the petition; 17 (J) any proposed conservator, including a person nominated by 18 the respondent, if the respondent is 12 years of age or older; and 19 (K) if the individual for whom a conservator is sought is a 20 minor 21 (i) an adult not otherwise listed with whom the minor 22 resides; and 23 (ii) each person not otherwise listed that had primary 24 care or custody of the minor for at least 60 days during the two years 25 immediately before the filing of the petition or for at least 730 days 26 during the five years immediately before the filing of the petition; 27 (4) a general statement of the property of the respondent with an 28 estimate of its value, including any insurance or pension, and the source and amount 29 of other anticipated income or receipts; 30 (5) the reason conservatorship is necessary, including a brief 31 description of
01 (A) the nature and extent of the alleged need of the respondent; 02 (B) if the petition alleges the respondent is missing, detained, 03 or unable to return to the United States, the relevant circumstances, including 04 the time and nature of the disappearance or detention and any search or inquiry 05 concerning the whereabouts of the respondent; 06 (C) any protective arrangement instead of conservatorship or 07 other less restrictive alternative for meeting the alleged need of the respondent 08 which has been considered or implemented; 09 (D) if no protective arrangement or other less restrictive 10 alternatives have been considered or implemented, the reason it has not been 11 considered or implemented; and 12 (E) the reason a protective arrangement or other less restrictive 13 alternative is insufficient to meet the need of the respondent; 14 (6) whether the petitioner seeks a limited conservatorship or a full 15 conservatorship; 16 (7) if the petitioner seeks a full conservatorship, the reason a limited 17 conservatorship or protective arrangement instead of conservatorship is not 18 appropriate; 19 (8) if the petition includes the name of a proposed conservator, the 20 reason the proposed conservator should be appointed; 21 (9) if the petition is for a limited conservatorship, a description of the 22 property to be placed under the control of the conservator and any requested limitation 23 on the authority of the conservator; 24 (10) whether the respondent needs an interpreter, translator, or other 25 form of support to communicate effectively with the court or understand court 26 proceedings; and 27 (11) the name and address of an attorney representing the petitioner, if 28 any. 29 Sec. 13.29.165. Notice and hearing for appointment of conservator. (a) On 30 filing of a petition under AS 13.29.160 for appointment of a conservator, the court 31 shall set a date, time, and place for a hearing on the petition.
01 (b) A copy of a petition under AS 13.29.160 and notice of a hearing on the 02 petition must be served personally on the respondent. The notice must inform the 03 respondent of the respondent's rights at the hearing, including the right to an attorney 04 and to attend the hearing. The notice must include a description of the nature, purpose, 05 and consequences of granting the petition. The court may not grant a petition for 06 appointment of a conservator if notice substantially complying with this subsection is 07 not served on the respondent. For good cause shown, the court may also authorize 08 alternative methods of service. 09 (c) In a proceeding on a petition under AS 13.29.160, the notice required 10 under (b) of this section must be given to the persons required to be listed in the 11 petition under AS 13.29.160(b)(1) - (3) and any other person the court determines is 12 interested in the welfare of the respondent. Failure to give notice under this subsection 13 does not preclude the court from appointing a conservator. 14 (d) After the appointment of a conservator, notice of a hearing on a petition 15 for an order under AS 13.29.155 - 13.29.310, together with a copy of the petition, 16 must be given to 17 (1) the individual subject to conservatorship, if the individual is 12 18 years of age or older and not missing, detained, or unable to return to the United 19 States; 20 (2) the conservator; and 21 (3) any other person the court determines. 22 Sec. 13.29.170. Order to preserve or apply property while proceeding 23 pending. While a petition under AS 13.29.160 is pending, after preliminary hearing 24 and without notice to others, the court may issue an order to preserve and apply 25 property of the respondent as required for the support of the respondent or an 26 individual who is in fact dependent on the respondent. The court may appoint a master 27 to assist in implementing the order. 28 Sec. 13.29.175. Appointment and role of visitor. (a) If the respondent in a 29 proceeding to appoint a conservator is a minor, the court may appoint a visitor to 30 investigate a matter related to the petition or inform the minor or a parent of the minor 31 about the petition or a related matter.
01 (b) If the respondent in a proceeding to appoint a conservator is an adult, the 02 court shall appoint a visitor. The duties and reporting requirements of the visitor are 03 limited to the relief requested in the petition. The visitor must be an individual with 04 training or experience in the type of abilities, limitations, and needs alleged in the 05 petition. 06 (c) A visitor appointed under (b) of this section for an adult shall interview the 07 respondent in person and, in a manner the respondent is best able to understand, 08 (1) explain to the respondent the substance of the petition, the nature, 09 purpose, and effect of the proceeding, the rights of the respondent at the hearing on the 10 petition, and the general powers and duties of a conservator; 11 (2) determine the respondent's views about the appointment sought by 12 the petitioner, including views about a proposed conservator, the conservator's 13 proposed powers and duties, and the scope and duration of the proposed 14 conservatorship; 15 (3) inform the respondent of the respondent's right to employ and 16 consult with an attorney at the respondent's expense and the right to request a court- 17 appointed attorney; and 18 (4) inform the respondent that all costs and expenses of the proceeding, 19 including attorney fees of the respondent, may be paid from the respondent's assets. 20 (d) A visitor appointed under (b) of this section for an adult shall 21 (1) interview the petitioner and proposed conservator, if any; 22 (2) review financial records of the respondent, if relevant to the 23 recommendation of the visitor under (e)(2) of this section; 24 (3) investigate whether the needs of the respondent could be met by a 25 protective arrangement instead of conservatorship or other less restrictive alternative 26 and, if so, identify the arrangement or other less restrictive alternative; and 27 (4) investigate the allegations in the petition and any other matter 28 relating to the petition the court directs. 29 (e) A visitor appointed under (b) of this section for an adult shall promptly file 30 a report in a record with the court, which must include 31 (1) a recommendation whether an attorney should be appointed to
01 represent the respondent; 02 (2) a recommendation 03 (A) regarding the appropriateness of conservatorship, or 04 whether a protective arrangement instead of conservatorship or other less 05 restrictive alternative for meeting the needs of the respondent is available; 06 (B) if a conservatorship is recommended, whether it should be 07 full or limited; and 08 (C) if a limited conservatorship is recommended, the powers to 09 be granted to the conservator, and the property that should be placed under the 10 control of the conservator; 11 (3) a statement of the qualifications of the proposed conservator and 12 whether the respondent approves or disapproves of the proposed conservator; 13 (4) a recommendation whether a professional evaluation under 14 AS 13.29.185 is necessary; 15 (5) a statement whether the respondent is able to attend a hearing at the 16 location where court proceedings typically are held; 17 (6) a statement whether the respondent is able to participate in a 18 hearing and which identifies any technology or other form of support that would 19 enhance the ability of the respondent to participate; and 20 (7) any other matter the court directs. 21 Sec. 13.29.180. Appointment and role of attorney. (a) The court shall 22 appoint an attorney to represent the respondent in a proceeding to appoint a 23 conservator if 24 (1) the respondent requests an appointment; 25 (2) the visitor recommends an appointment; or 26 (3) the court determines the respondent needs representation. 27 (b) An attorney representing the respondent in a proceeding for appointment 28 of a conservator shall 29 (1) make reasonable efforts to ascertain the wishes of the respondent; 30 (2) advocate for the wishes of the respondent to the extent reasonably 31 ascertainable; and
01 (3) if the wishes of the respondent are not reasonably ascertainable, 02 advocate for the result that is the least restrictive in type, duration, and scope, 03 consistent with the respondent's interests. 04 Sec. 13.29.185. Professional evaluation. (a) At or before a hearing on a 05 petition for conservatorship for an adult, the court shall order a professional evaluation 06 of the respondent 07 (1) if the respondent requests the evaluation; or 08 (2) in other cases, unless the court finds it has sufficient information to 09 determine the needs and abilities of the respondent without the evaluation. 10 (b) If the court orders an evaluation under (a) of this section, the respondent 11 must be examined by a licensed physician, psychologist, social worker, or other 12 individual appointed by the court who is qualified to evaluate the respondent's alleged 13 cognitive and functional abilities and limitations and will not be advantaged or 14 disadvantaged by a decision to grant the petition or otherwise have a conflict of 15 interest. The individual conducting the evaluation promptly shall file a report in a 16 record with the court. Unless otherwise directed by the court, the report must contain 17 (1) a description of the nature, type, and extent of the respondent's 18 cognitive and functional abilities and limitations with regard to the management of the 19 property and financial affairs of the respondent; 20 (2) an evaluation of the respondent's mental and physical condition 21 and, if appropriate, educational potential, adaptive behavior, and social skills; 22 (3) a prognosis for improvement with regard to the ability to manage 23 the respondent's property and financial affairs; and 24 (4) the date of the examination on which the report is based. 25 (c) A respondent may decline to participate in an evaluation ordered under (a) 26 of this section. 27 Sec. 13.29.190. Attendance and rights at hearing. (a) Except as otherwise 28 provided in (b) of this section, a hearing under AS 13.29.165 may not proceed unless 29 the respondent attends the hearing. If it is not reasonably feasible for the respondent to 30 attend a hearing at the location where court proceedings typically are held, the court 31 shall make reasonable efforts to hold the hearing at an alternative location convenient
01 to the respondent or allow the respondent to attend the hearing using real-time 02 audiovisual technology. 03 (b) A hearing under AS 13.29.165 may proceed without the respondent in 04 attendance if the court finds by clear and convincing evidence that 05 (1) the respondent consistently and repeatedly has refused to attend the 06 hearing after having been fully informed of the right to attend and the potential 07 consequences of failing to do so; 08 (2) there is no practicable way for the respondent to attend and 09 participate in the hearing even with appropriate supportive services or technological 10 assistance; or 11 (3) the respondent is a minor who has received proper notice and 12 attendance would be harmful to the minor. 13 (c) The respondent may be assisted in a hearing under AS 13.29.165 by a 14 person or persons chosen by the respondent, assistive technology, or an interpreter or 15 translator, or a combination of these supports. If assistance would facilitate the ability 16 of the respondent to participate in the hearing, but is not otherwise available to the 17 respondent, the court shall make reasonable efforts to provide it. 18 (d) The respondent has a right to choose an attorney to represent the 19 respondent at a hearing under AS 13.29.165. 20 (e) At a hearing under AS 13.29.165, the respondent may 21 (1) present evidence and subpoena witnesses and documents; 22 (2) examine witnesses, including any court-appointed evaluator and 23 the visitor; and 24 (3) otherwise participate in the hearing. 25 (f) Unless excused by the court for good cause, a proposed conservator shall 26 attend a hearing under AS 13.29.165. 27 (g) A hearing under AS 13.29.165 must be closed on request of the respondent 28 and a showing of good cause. 29 (h) Any person may request to participate in a hearing under AS 13.29.165. 30 The court may grant the request, with or without a hearing, on determining that the 31 best interest of the respondent will be served. The court may impose appropriate
01 conditions on the person's participation. 02 Sec. 13.29.195. Confidentiality of records. (a) The existence of a proceeding 03 for or the existence of conservatorship is a matter of public record unless the court 04 seals the record after 05 (1) the respondent, the individual subject to conservatorship, or the 06 parent of a minor subject to conservatorship requests that the record be sealed; and 07 (2) either 08 (A) the petition for conservatorship is dismissed; or 09 (B) the conservatorship is terminated. 10 (b) An individual subject to a proceeding for a conservatorship, whether or not 11 a conservator is appointed, an attorney designated by the individual, and a person 12 entitled to notice under AS 13.29.205(e) or a subsequent order may access court 13 records of the proceeding and resulting conservatorship, including the plan of the 14 conservator under AS 13.29.245 and the report of the conservator under AS 13.29.265. 15 A person not otherwise entitled to access court records under this section for good 16 cause may petition the court for access to court records of the conservatorship, 17 including the plan and report of the conservator. The court shall grant access if access 18 is in the best interest of the respondent or individual subject to conservatorship or 19 furthers the public interest and does not endanger the welfare or financial interests of 20 the respondent or individual. 21 (c) A report under AS 13.29.175 of a visitor or professional evaluation under 22 AS 13.29.185 is confidential and must be sealed on filing, but is available to 23 (1) the court; 24 (2) the individual who is the subject of the report or evaluation, 25 without limitation as to use; 26 (3) the petitioner, visitor, and petitioner's and respondent's attorneys, 27 for purposes of the proceeding; 28 (4) unless the court directs otherwise, an agent appointed under a 29 power of attorney under AS 13.26 in which the respondent is identified as the 30 principal; and 31 (5) any other person if it is in the public interest or for a purpose the
01 court orders for good cause. 02 Sec. 13.29.200. Who may be conservator; order of priority. (a) Except as 03 otherwise provided in (c) of this section, the court in appointing a conservator shall 04 consider persons qualified to be a conservator in the following order of priority: 05 (1) a conservator, other than a temporary or emergency conservator, 06 currently acting for the respondent in another jurisdiction; 07 (2) a person nominated as conservator by the respondent, including the 08 respondent's most recent nomination made in a power of attorney under AS 13.26; 09 (3) an agent appointed by the respondent to manage the respondent's 10 property under a power of attorney under AS 13.26; 11 (4) a spouse of the respondent; 12 (5) a family member or other individual who has shown special care 13 and concern for the respondent; 14 (6) a private professional conservator; and 15 (7) the public guardian. 16 (b) If two or more persons have equal priority under (a) of this section, the 17 court shall select as conservator the person the court considers best qualified. In 18 determining the best qualified person, the court shall consider the person's relationship 19 with the respondent, the person's skills, the expressed wishes of the respondent, the 20 extent to which the person and the respondent have similar values and preferences, 21 and the likelihood the person will be able to perform the duties of a conservator 22 successfully. 23 (c) If it is in the best interest of the respondent, the court may decline to 24 appoint as conservator a person having priority under (a) of this section and appoint a 25 person having a lower priority or no priority. 26 (d) A person that provides paid services to the respondent, or an individual 27 who is employed by a person that provides paid services to the respondent or is the 28 spouse, parent, or child of an individual who provides or is employed to provide paid 29 services to the respondent, may not be appointed as conservator unless 30 (1) the individual is related to the respondent by blood, marriage, or 31 adoption; or
01 (2) the court finds by clear and convincing evidence that the person is 02 the best qualified person available for appointment and the appointment is in the best 03 interest of the respondent. 04 (e) An owner, operator, or employee of a long-term care facility at which the 05 respondent is receiving care may not be appointed as conservator unless the owner, 06 operator, or employee is related to the respondent by blood, marriage, or adoption. 07 Sec. 13.29.205. Order of appointment of conservator. (a) A court order 08 appointing a conservator for a minor must include findings to support appointment of 09 a conservator and, if a full conservatorship is granted, the reason a limited 10 conservatorship would not meet the identified needs of the minor. 11 (b) A court order appointing a conservator for an adult must include a specific 12 finding that clear and convincing evidence has established that 13 (1) the identified needs of the respondent cannot be met by a protective 14 arrangement instead of conservatorship or other less restrictive alternative, including 15 use of appropriate supportive services, technological assistance, or supported decision 16 making; and 17 (2) the respondent was given proper notice of the hearing on the 18 petition. 19 (c) A court order establishing a full conservatorship for an adult must state the 20 basis for granting a full conservatorship and include specific findings to support the 21 conclusion that a limited conservatorship would not meet the functional needs of the 22 adult. 23 (d) A court order establishing a limited conservatorship must state the specific 24 property placed under the control of the conservator and the powers granted to the 25 conservator. 26 (e) The court, as part of an order establishing a conservatorship, shall identify 27 any person that is entitled to 28 (1) notice of the rights of the individual subject to conservatorship 29 under AS 13.29.210(b); 30 (2) notice of a sale of or surrender of a lease to the primary dwelling of 31 the individual;
01 (3) notice that the conservator has delegated a power that requires 02 court approval under AS 13.29.220 or substantially all powers of the conservator; 03 (4) notice that the conservator will be unavailable to perform the duties 04 of the conservator for more than one month; 05 (5) a copy of the conservator's plan under AS 13.29.245 and the 06 conservator's report under AS 13.29.265; 07 (6) access to court records relating to the conservatorship; 08 (7) notice of a transaction involving a substantial conflict between the 09 fiduciary duties and personal interests of the conservator; 10 (8) notice of the death or significant change in the condition of the 11 individual; 12 (9) notice that the court has limited or modified the powers of the 13 conservator; and 14 (10) notice of the removal of the conservator. 15 (f) If an individual subject to conservatorship is an adult, the spouse and adult 16 children of the adult subject to conservatorship are entitled to notice under (e) of this 17 section unless the court determines notice would be contrary to the preferences or 18 prior directions of the adult subject to conservatorship or not in the best interest of the 19 adult. 20 (g) If an individual subject to conservatorship is a minor, each parent and adult 21 sibling of the minor is entitled to notice under (e) of this section unless the court 22 determines notice would not be in the best interest of the minor. 23 Sec. 13.29.210. Notice of order of appointment; rights. (a) A conservator 24 appointed under AS 13.29.205 shall give to the individual subject to conservatorship 25 and to all other persons given notice under AS 13.29.165 a copy of the order of 26 appointment, together with notice of the right to request termination or modification. 27 The order and notice must be given not later than 14 days after the appointment. 28 (b) Not later than 30 days after appointment of a conservator under 29 AS 13.29.205, the court shall give to the individual subject to conservatorship, the 30 conservator, and any other person entitled to notice under AS 13.29.205(e) a statement 31 of the rights of the individual subject to conservatorship and procedures to seek relief
01 if the individual is denied those rights. The statement must be in plain language, in at 02 least 16-point font, and, to the extent feasible, in a language in which the individual 03 subject to conservatorship is proficient. The statement must notify the individual 04 subject to conservatorship of the right to 05 (1) seek termination or modification of the conservatorship, or removal 06 of the conservator, and choose an attorney to represent the individual in these matters; 07 (2) participate in decision making to the extent reasonably feasible; 08 (3) receive a copy of the plan of the conservator under AS 13.29.245, 09 the inventory of the conservator under AS 13.29.250, and the report of the conservator 10 under AS 13.29.265; and 11 (4) object to the inventory, plan, or report of the conservator. 12 (c) If a conservator is appointed for the reasons stated in 13 AS 13.29.155(b)(1)(B) and the individual subject to conservatorship is missing, notice 14 under this section to the individual is not required. 15 Sec. 13.29.215. Emergency conservator. (a) On its own or on petition by a 16 person interested in an individual's welfare after a petition has been filed under 17 AS 13.29.160, the court may appoint an emergency conservator for the individual if 18 the court finds 19 (1) appointment of an emergency conservator is likely to prevent 20 substantial and irreparable harm to the property or financial interests of the individual; 21 (2) no other person appears to have authority and willingness to act in 22 the circumstances; and 23 (3) there is reason to believe that a basis for appointment of a 24 conservator under AS 13.29.155 exists. 25 (b) The duration of authority of an emergency conservator may not exceed 60 26 days and the emergency conservator may exercise only the powers specified in the 27 order of appointment. The emergency conservator's authority may be extended once 28 for not more than 60 days if the court finds that the conditions for appointment of an 29 emergency conservator under (a) of this section continue. 30 (c) Immediately upon filing of a petition for an emergency conservator, the 31 court shall appoint an attorney to represent the respondent in the proceeding. Except as
01 otherwise provided in (d) of this section, reasonable notice of the date, time, and place 02 of a hearing on the petition must be given to the respondent, the respondent's attorney, 03 and any other person the court determines. 04 (d) The court may appoint an emergency conservator without notice to the 05 respondent and any attorney for the respondent only if the court finds from an affidavit 06 or testimony that the property or financial interests of the respondent will be 07 substantially and irreparably harmed before a hearing with notice on the appointment 08 can be held. If the court appoints an emergency conservator without giving notice 09 under (c) of this section, the court must give notice of the appointment not later than 10 48 hours after the appointment to 11 (1) the respondent; 12 (2) the respondent's attorney; and 13 (3) any other person the court determines. 14 (e) Not later than five days after the appointment, the court shall hold a 15 hearing on the appropriateness of the appointment. 16 (f) Appointment of an emergency conservator under this section is not a 17 determination that a basis exists for appointment of a conservator under AS 13.29.155. 18 (g) The court may remove an emergency conservator appointed under this 19 section at any time. The emergency conservator shall make any report the court 20 requires. 21 Sec. 13.29.220. Powers of conservator requiring court approval. (a) Except 22 as otherwise ordered by the court, a conservator must give notice to persons entitled to 23 notice under AS 13.29.165(d) and receive specific authorization by the court before 24 the conservator may exercise with respect to the conservatorship the power to 25 (1) make a gift, except a gift of minimal value; 26 (2) sell, encumber an interest in, or surrender a rental agreement or 27 lease to the primary dwelling of the individual subject to conservatorship; 28 (3) convey, release, or disclaim a contingent or expectant interest in 29 property, including marital property and any right of survivorship incident to joint 30 tenancy or tenancy by the entirety; 31 (4) exercise or release a power of appointment;
01 (5) create a revocable or irrevocable trust of property of the 02 conservatorship estate, whether or not the trust extends beyond the duration of the 03 conservatorship, or revoke or amend a trust revocable by the individual subject to 04 conservatorship; 05 (6) exercise a right to elect an option or change a beneficiary under an 06 insurance policy or annuity or surrender the policy or annuity for its cash value; 07 (7) exercise a right to an elective share in the estate of a deceased 08 spouse of the individual subject to conservatorship or renounce or disclaim a property 09 interest; 10 (8) grant a creditor priority for payment over creditors of the same or 11 higher class if the creditor is providing property or services used to meet the basic 12 living and care needs of the individual subject to conservatorship and preferential 13 treatment otherwise would be impermissible under AS 13.29.290(e); and 14 (9) make, modify, amend, or revoke the will of the individual subject 15 to conservatorship under AS 13.12.502. 16 (b) In approving a conservator's exercise of a power under (a) of this section, 17 the court shall consider primarily the decision the individual subject to conservatorship 18 would make if able, to the extent the decision can be ascertained. 19 (c) To determine the decision the individual subject to conservatorship would 20 make if able under (b) of this section, the court shall consider the individual's prior or 21 current directions, preferences, opinions, values, and actions, to the extent actually 22 known or reasonably ascertainable by the conservator. The court also shall consider 23 (1) the financial needs of the individual subject to conservatorship and 24 individuals who are in fact dependent on the individual subject to conservatorship for 25 support and the interests of creditors of the individual; 26 (2) possible reduction of income, estate, inheritance, or other tax 27 liabilities; 28 (3) eligibility for governmental assistance; 29 (4) the previous pattern of giving or level of support provided by the 30 individual; 31 (5) any existing estate plan or lack of estate plan of the individual;
01 (6) the life expectancy of the individual and the probability the 02 conservatorship will terminate before the individual's death; and 03 (7) any other relevant factor. 04 (d) A conservator may not revoke or amend a power of attorney under 05 AS 13.26 executed by the individual subject to conservatorship. If a power of attorney 06 under AS 13.26 is in effect, a decision of the agent takes precedence over that of the 07 conservator, unless the court orders otherwise. 08 Sec. 13.29.225. Petition for order after appointment. An individual subject 09 to conservatorship or a person interested in the welfare of the individual may petition 10 for an order 11 (1) requiring the conservator to furnish a bond or collateral or 12 additional bond or collateral or allowing a reduction in a bond or collateral previously 13 furnished; 14 (2) requiring an accounting for the administration of the 15 conservatorship estate; 16 (3) directing distribution; 17 (4) removing the conservator and appointing a temporary or successor 18 conservator; 19 (5) modifying the type of appointment or powers granted to the 20 conservator, if the extent of protection or management previously granted is excessive 21 or insufficient to meet the needs of the individual, including because the individual's 22 abilities or supports have changed; 23 (6) rejecting or modifying the plan of the conservator under 24 AS 13.29.245, the inventory of the conservator under AS 13.29.250, or the report of 25 the conservator under AS 13.29.265; or 26 (7) granting other appropriate relief. 27 Sec. 13.29.230. Bond; alternative asset protection arrangement. (a) Except 28 as otherwise provided in (c) of this section, the court shall require a conservator to 29 furnish a bond with a surety the court specifies, or require an alternative asset 30 protection arrangement, conditioned on faithful discharge of all duties of the 31 conservator. The court may waive the requirement only if the court finds that a bond
01 or other asset protection arrangement is not necessary to protect the interests of the 02 individual subject to conservatorship. Except as otherwise provided in (c) of this 03 section, the court may not waive the requirement if the conservator is in the business 04 of serving as a conservator and is being paid for the conservator's service. 05 (b) Unless the court directs otherwise, the bond required under this section 06 must be in the amount of the aggregate capital value of the conservatorship estate, plus 07 one year's estimated income, less the value of property deposited under an 08 arrangement requiring a court order for its removal and real property the conservator 09 lacks power to sell or convey without specific court authorization. The court may 10 accept collateral for the performance of the bond in place of surety on a bond, 11 including a pledge of securities or a mortgage of real property. 12 (c) A trust company in this state is not required to give a bond under this 13 section. In this subsection, "trust company" has the meaning given in AS 13.46.990. 14 Sec. 13.29.235. Terms and requirements of bond. (a) Except as otherwise 15 provided by a bond, the surety and the conservator are jointly and severally liable. 16 (b) By executing a bond provided by a conservator, the surety submits to the 17 personal jurisdiction of the court that issued letters of office to the conservator in a 18 proceeding relating to the duties of the conservator in which the surety is named as a 19 party. Notice of the proceeding must be given to the surety at the address shown in the 20 records of the court in which the bond is filed and any other address of the surety 21 known to the person required to provide the notice. 22 (c) On petition of a successor conservator or person affected by a breach of the 23 obligation of a bond, a proceeding may be brought against the surety for breach of the 24 obligation of the bond. 25 (d) A proceeding against a bond may be brought until liability under the bond 26 is exhausted. 27 (e) A proceeding may not be brought under this section against a surety of a 28 bond on a matter as to which a proceeding against the conservator is barred. 29 (f) If a bond is not renewed by the conservator, the surety or sureties shall 30 immediately give notice to the court and the individual subject to conservatorship. 31 (g) In this section, "bond" means a bond required under AS 13.29.230.
01 Sec. 13.29.240. Duties of conservator. (a) A conservator is a fiduciary and has 02 duties of prudence and loyalty to the individual subject to conservatorship. 03 (b) A conservator shall promote the self-determination of the individual 04 subject to conservatorship and, to the extent feasible, encourage the individual to 05 participate in decisions, act on the individual's own behalf, and develop or regain the 06 capacity to manage the individual's personal affairs. 07 (c) In making a decision for an individual subject to conservatorship, the 08 conservator shall make the decision the conservator reasonably believes the individual 09 would make if able, unless doing so would fail to preserve the resources needed to 10 maintain the individual's well-being and lifestyle or otherwise unreasonably harm or 11 endanger the welfare or personal or financial interests of the individual. To determine 12 the decision the individual would make if able, the conservator shall consider the 13 individual's prior or current directions, preferences, opinions, values, and actions, to 14 the extent actually known or reasonably ascertainable by the conservator. 15 (d) If a conservator cannot make a decision under (c) of this section because 16 the conservator does not know and cannot reasonably determine the decision the 17 individual subject to conservatorship likely would make if able, or the conservator 18 reasonably believes the decision the individual would make would fail to preserve 19 resources needed to maintain the well-being and lifestyle of the individual or 20 otherwise unreasonably harm or endanger the welfare or personal or financial interests 21 of the individual, the conservator shall act in accordance with the best interest of the 22 individual. In determining the best interest of the individual, the conservator shall 23 consider 24 (1) information received from professionals and persons that 25 demonstrate sufficient interest in the welfare of the individual; 26 (2) other information the conservator believes the individual would 27 have considered if the individual were able to act; and 28 (3) other factors a reasonable person in the circumstances of the 29 individual would consider, including consequences for others. 30 (e) Except when inconsistent with the conservator's duties under (a) - (d) of 31 this section, a conservator shall invest and manage the conservatorship estate as a
01 prudent investor would, by considering 02 (1) the circumstances of the individual subject to conservatorship and 03 the conservatorship estate; 04 (2) general economic conditions; 05 (3) the possible effect of inflation or deflation; 06 (4) the expected tax consequences of an investment decision or 07 strategy; 08 (5) the role of each investment or course of action in relation to the 09 conservatorship estate as a whole; 10 (6) the expected total return from income and appreciation of capital; 11 (7) the need for liquidity, regularity of income, and preservation or 12 appreciation of capital; and 13 (8) the special relationship or value, if any, of specific property to the 14 individual subject to conservatorship. 15 (f) The propriety of a conservator's investment and management of the 16 conservatorship estate is determined in light of the facts and circumstances existing 17 when the conservator decides or acts and not by hindsight. 18 (g) A conservator shall make a reasonable effort to verify facts relevant to the 19 investment and management of the conservatorship estate. 20 (h) A conservator that has special skills or expertise, or is named conservator 21 in reliance on the conservator's representation of special skills or expertise, has a duty 22 to use the special skills or expertise in carrying out the conservator's duties. 23 (i) In investing, selecting specific property for distribution, and invoking a 24 power of revocation or withdrawal for the use or benefit of the individual subject to 25 conservatorship, a conservator shall consider any estate plan of the individual known 26 or reasonably ascertainable to the conservator and may examine the will or other 27 donative, nominative, or appointive instrument of the individual. 28 (j) A conservator shall maintain insurance on the insurable real and personal 29 property of the individual subject to conservatorship, unless the conservatorship estate 30 lacks sufficient funds to pay for insurance or the court finds 31 (1) the property lacks sufficient equity; or
01 (2) insuring the property would unreasonably dissipate the 02 conservatorship estate or otherwise not be in the best interest of the individual. 03 (k) If a power of attorney under AS 13.26 is in effect, a conservator shall 04 cooperate with the agent to the extent feasible. 05 (l) A conservator has access to and authority over a digital asset of the 06 individual subject to conservatorship to the extent provided under AS 13.63 (Revised 07 Uniform Fiduciary Access to Digital Assets Act) or court order. 08 (m) A conservator for an adult shall notify the court if the condition of the 09 adult has changed so that the adult is capable of exercising rights previously removed. 10 The notice must be given immediately on learning of the change. 11 Sec. 13.29.245. Conservator's plan. (a) A conservator shall file with the court 12 a plan for protecting, managing, expending, and distributing the assets of the 13 conservatorship estate not later than 60 days after appointment, when there is a 14 significant change in circumstances, or when the conservator seeks to deviate 15 significantly from the conservator's plan. The plan must be based on the needs of the 16 individual subject to conservatorship and take into account the best interest of the 17 individual as well as the individual's preferences, values, and prior directions, to the 18 extent known to or reasonably ascertainable by the conservator. The conservator shall 19 include in the plan 20 (1) a budget containing projected expenses and resources, including an 21 estimate of the total amount of fees the conservator anticipates charging each year and 22 a statement or list of the amount the conservator proposes to charge for each service 23 the conservator anticipates providing to the individual; 24 (2) how the conservator will involve the individual in decisions about 25 management of the conservatorship estate; 26 (3) any step the conservator plans to take to develop or restore the 27 ability of the individual to manage the conservatorship estate; and 28 (4) an estimate of the duration of the conservatorship. 29 (b) A conservator shall give notice of the filing of the conservator's plan under 30 (a) of this section, together with a copy of the plan, to the individual subject to 31 conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent
01 order, and any other person the court determines. The notice must include a statement 02 of the right to object to the plan and be given not later than 14 days after the filing. 03 (c) An individual subject to conservatorship and any person entitled to receive 04 notice and a copy of the plan of the conservator under (b) of this section may object to 05 the plan. 06 (d) The court shall review the plan of the conservator filed under (a) of this 07 section and determine whether to approve the plan or require a new plan. In deciding 08 whether to approve the plan, the court shall consider an objection under (c) of this 09 section and whether the plan is consistent with the duties and powers of the 10 conservator. The court may not approve the plan until 30 days after its filing. 11 (e) After a conservator's plan under this section is approved by the court, the 12 conservator shall provide 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. 15 Sec. 13.29.250. Inventory; records. (a) Not later than 60 days after 16 appointment, a conservator shall prepare and file with the appointing court a detailed 17 inventory of the conservatorship estate, together with an oath or affirmation that the 18 inventory is believed to be complete and accurate as far as information permits. 19 (b) A conservator shall give notice of the filing of an inventory to the 20 individual subject to conservatorship, a person entitled to notice under 21 AS 13.29.205(e) or a subsequent order, and any other person the court determines. The 22 notice must be given not later than 14 days after the filing. 23 (c) A conservator shall keep records of the administration of the 24 conservatorship estate and make them available for examination on reasonable request 25 of the individual subject to conservatorship, a guardian for the individual, or any other 26 person the conservator or the court determines. 27 Sec. 13.29.255. Administrative powers of conservator not requiring court 28 approval. (a) Except as otherwise provided in AS 13.29.220 or qualified or limited in 29 the court's order of appointment and stated in the letters of office, a conservator has all 30 powers granted in this section and any additional power granted to a trustee by a law 31 of this state other than this chapter.
01 (b) A conservator, acting reasonably and consistent with the fiduciary duties 02 of the conservator to accomplish the purpose of the conservatorship, without specific 03 court authorization or confirmation, may, with respect to the conservatorship estate, 04 (1) collect, hold, and retain property, including property in which the 05 conservator has a personal interest and real property in another state, until the 06 conservator determines disposition of the property should be made; 07 (2) receive additions to the conservatorship estate; 08 (3) continue or participate in the operation of a business or other 09 enterprise; 10 (4) acquire an undivided interest in property in which the conservator, 11 in a fiduciary capacity, holds an undivided interest; 12 (5) invest assets; 13 (6) deposit funds or other property in a financial institution, including 14 one operated by the conservator; 15 (7) acquire or dispose of property, including real property in another 16 state, for cash or on credit, at public or private sale, and manage, develop, improve, 17 exchange, partition, change the character of, or abandon property; 18 (8) make ordinary or extraordinary repairs or alterations in a building 19 or other structure, demolish any improvement, or raze an existing or erect a new party 20 wall or building; 21 (9) subdivide or develop land, dedicate land to public use, make or 22 obtain the vacation of a plat and adjust a boundary, adjust a difference in valuation of 23 land, exchange or partition land by giving or receiving consideration, and dedicate an 24 easement to public use without consideration; 25 (10) enter for any purpose into a rental agreement or lease of property 26 as lessor or lessee, with or without an option to purchase or renew, for a term within or 27 extending beyond the term of the conservatorship; 28 (11) enter into a lease or arrangement for exploration and removal of 29 minerals or other natural resources or a pooling or unitization agreement; 30 (12) grant an option involving disposition of property or accept or 31 exercise an option for the acquisition of property;
01 (13) vote a security, in person or by general or limited proxy; 02 (14) pay a call, assessment, or other sum chargeable or accruing 03 against or on account of a security; 04 (15) sell or exercise a stock subscription or conversion right; 05 (16) consent, directly or through a committee or agent, to the 06 reorganization, consolidation, merger, dissolution, or liquidation of a corporation or 07 other business enterprise; 08 (17) hold a security in the name of a nominee or in other form without 09 disclosure of the conservatorship so that title to the security may pass by delivery; 10 (18) insure 11 (A) the conservatorship estate, in whole or in part, against 12 damage or loss in accordance with AS 13.29.240(j); and 13 (B) the conservator against liability with respect to a third 14 person; 15 (19) borrow funds, with or without security, to be repaid from the 16 conservatorship estate or otherwise; 17 (20) advance funds for the protection of the conservatorship estate or 18 the individual subject to conservatorship and all expenses, losses, and liability 19 sustained in the administration of the conservatorship estate or because of holding any 20 property for which the conservator has a lien on the conservatorship estate; 21 (21) pay or contest a claim, settle a claim by or against the 22 conservatorship estate or the individual subject to conservatorship by compromise, 23 arbitration, or otherwise, or release, in whole or in part, a claim belonging to the 24 conservatorship estate to the extent the claim is uncollectible; 25 (22) pay a tax, assessment, compensation of the conservator or any 26 guardian, and other expense incurred in the collection, care, administration, and 27 protection of the conservatorship estate; 28 (23) pay a sum distributable to the individual subject to 29 conservatorship or an individual who is in fact dependent on the individual subject to 30 conservatorship by paying the sum to the distributee or for the use of the distributee 31 (A) to the guardian for the distributee;
01 (B) to the custodian of the distributee under AS 13.42 (Alaska 02 Uniform Transfers to Minors Act) or custodial trustee under AS 13.60 (Alaska 03 Uniform Custodial Trust Act); or 04 (C) if there is no guardian, custodian, or custodial trustee, to a 05 relative or other person having physical custody of the distributee; 06 (24) bring or defend an action, claim, or proceeding in any jurisdiction 07 for the protection of the conservatorship estate or the conservator in the performance 08 of the conservator's duties; 09 (25) structure the finances of the individual subject to conservatorship 10 to establish eligibility for a public benefit, including by making gifts consistent with 11 the individual's preferences, values, and prior directions, if the conservator's action 12 does not jeopardize the individual's welfare and otherwise is consistent with the duties 13 of the conservator; and 14 (26) execute and deliver any instrument that will accomplish or 15 facilitate the exercise of a power of the conservator. 16 Sec. 13.29.260. Distribution from conservatorship estate. (a) Except as 17 otherwise provided in AS 13.29.220 or qualified or limited in the court's order of 18 appointment and stated in the letters of office, and unless contrary to a plan of the 19 conservator under AS 13.29.245, the conservator may expend or distribute income or 20 principal of the conservatorship estate without specific court authorization or 21 confirmation for the support, care, education, health, or welfare of the individual 22 subject to conservatorship or an individual who is in fact dependent on the individual 23 subject to conservatorship, including the payment of child or spousal support, in 24 accordance with (b) - (e) of this section. 25 (b) The conservator shall consider a recommendation relating to the 26 appropriate standard of support, care, education, health, or welfare for the individual 27 subject to conservatorship or individual who is dependent on the individual subject to 28 conservatorship, made by a guardian for the individual subject to conservatorship, if 29 any, and, if the individual subject to conservatorship is a minor, a recommendation 30 made by a parent of the minor. 31 (c) The conservator acting in compliance with the conservator's duties under
01 AS 13.29.240 is not liable for an expenditure or distribution made based on a 02 recommendation under (b) of this section unless the conservator knows the 03 expenditure or distribution is not in the best interest of the individual subject to 04 conservatorship. 05 (d) In making an expenditure or distribution under this section, the conservator 06 shall consider 07 (1) the size of the conservatorship estate, the estimated duration of the 08 conservatorship, and the likelihood the individual subject to conservatorship, at some 09 future time, may be fully self-sufficient and able to manage the individual's financial 10 affairs and the conservatorship estate; 11 (2) the accustomed standard of living of the individual subject to 12 conservatorship and individual who is dependent on the individual subject to 13 conservatorship; 14 (3) other funds or source used for the support of the individual subject 15 to conservatorship; and 16 (4) the preferences, values, and prior directions of the individual 17 subject to conservatorship. 18 (e) Funds expended or distributed under this section may be paid by the 19 conservator to any person, including the individual subject to conservatorship, as 20 reimbursement for expenditures the conservator might have made, or in advance for 21 services to be provided to the individual subject to conservatorship or individual who 22 is dependent on the individual subject to conservatorship if it is reasonable to expect 23 the services will be performed and advance payment is customary or reasonably 24 necessary under the circumstances. 25 Sec. 13.29.265. Conservator's report and accounting; monitoring. (a) A 26 conservator shall file with the court a report in a record regarding the administration of 27 the conservatorship estate annually unless the court otherwise directs, on resignation 28 or removal, on termination of the conservatorship, and at any other time the court 29 directs. 30 (b) A report under (a) of this section must state or contain 31 (1) an accounting that lists property included in the conservatorship
01 estate and the receipts, disbursements, liabilities, and distributions during the period 02 for which the report is made; 03 (2) a list of the services provided to the individual subject to 04 conservatorship; 05 (3) a copy of the most recently approved plan of the conservator and a 06 statement whether the conservator has deviated from the plan and, if so, how the 07 conservator has deviated and why; 08 (4) a recommendation as to the need for continued conservatorship and 09 any recommended change in the scope of the conservatorship; 10 (5) to the extent feasible, a copy of the most recent reasonably 11 available financial statements evidencing the status of bank accounts, investment 12 accounts, and mortgages or other debts of the individual subject to conservatorship 13 with all but the last four digits of the account numbers and Social Security number 14 redacted; 15 (6) anything of more than minimal value that the conservator, any 16 individual who resides with the conservator, or the spouse, parent, child, or sibling of 17 the conservator has received from a person providing goods or services to the 18 individual subject to conservatorship; 19 (7) any business relation the conservator has with a person the 20 conservator has paid or that has benefited from the property of the individual subject 21 to conservatorship; and 22 (8) whether any co-conservator or successor conservator appointed to 23 serve when a designated event occurs is alive and able to serve. 24 (c) The court may appoint a visitor to review a report under this section or the 25 plan of the conservator under AS 13.29.245, interview the individual subject to 26 conservatorship or conservator, or investigate any other matter involving the 27 conservatorship. In connection with the report, the court may order the conservator to 28 submit the conservatorship estate to appropriate examination in a manner the court 29 directs. 30 (d) Notice of the filing under this section of a conservator's report, together 31 with a copy of the report, must be provided to the individual subject to
01 conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent 02 order, and other persons the court determines. The notice and report must be given not 03 later than 14 days after filing. 04 (e) The court shall establish procedures for monitoring a report submitted 05 under this section and review each report at least annually to determine whether 06 (1) the reports provide sufficient information to establish the 07 conservator has complied with the conservator's duties; 08 (2) the conservatorship should continue; and 09 (3) the requested fees of the conservator, if any, should be approved. 10 (f) If the court determines there is reason to believe a conservator has not 11 complied with the conservator's duties or the conservatorship should not continue, the 12 court 13 (1) shall notify the individual subject to conservatorship, the 14 conservator, and any other person entitled to notice under AS 13.29.205(e) or a 15 subsequent order; 16 (2) may require additional information from the conservator; 17 (3) may appoint a visitor to interview the individual subject to 18 conservatorship or conservator or investigate any matter involving the 19 conservatorship; and 20 (4) consistent with AS 13.29.300 and 13.29.305, may hold a hearing to 21 consider removal of the conservator, termination of the conservatorship, or a change in 22 the powers granted to the conservator or terms of the conservatorship. 23 (g) If the court has reason to believe fees requested by a conservator are not 24 reasonable, the court shall hold a hearing to determine whether to adjust the requested 25 fees. 26 (h) A conservator may petition the court for approval of a report filed under 27 this section. The court after review may approve the report. If the court approves the 28 report, there is a rebuttable presumption the report is accurate as to a matter adequately 29 disclosed in the report. 30 (i) An order, after notice and hearing, approving an interim report of a 31 conservator filed under this section adjudicates liabilities concerning a matter
01 adequately disclosed in the report, as to a person given notice of the report or 02 accounting. 03 (j) An order, after notice and hearing, approving a final report filed under this 04 section discharges the conservator from all liabilities, claims, and causes of action by a 05 person given notice of the report and the hearing as to a matter adequately disclosed in 06 the report. 07 Sec. 13.29.270. Attempted transfer of property by individual subject to 08 conservatorship. (a) The interest of an individual subject to conservatorship in 09 property included in the conservatorship estate is not transferrable or assignable by the 10 individual and is not subject to levy, garnishment, or similar process for claims against 11 the individual unless allowed under AS 13.29.290. 12 (b) If an individual subject to conservatorship enters into a contract after 13 having the right to enter the contract removed by the court, the contract is void against 14 the individual and the property of the individual but is enforceable against the person 15 that contracted with the individual. 16 (c) A person other than the conservator that deals with an individual subject to 17 conservatorship with respect to property included in the conservatorship estate is 18 entitled to protection provided by law of this state other than this chapter. 19 Sec. 13.29.275. Transaction involving conflict of interest. A transaction 20 involving a conservatorship estate which is affected by a substantial conflict between 21 the conservator's fiduciary duties and personal interests is voidable unless the 22 transaction is authorized by court order after notice to persons entitled to notice under 23 AS 13.29.205(e) or a subsequent order. A transaction affected by a substantial conflict 24 includes a sale, encumbrance, or other transaction involving the conservatorship estate 25 entered into by the conservator, an individual with whom the conservator resides, the 26 spouse, descendant, sibling, agent, or attorney of the conservator, or a corporation or 27 other enterprise in which the conservator has a substantial beneficial interest. 28 Sec. 13.29.280. Protection of person dealing with conservator. (a) A person 29 that assists or deals with a conservator in good faith and for value in any transaction, 30 other than a transaction requiring a court order under AS 13.29.220, is protected as 31 though the conservator properly exercised any power in question. Knowledge by a
01 person that the person is dealing with a conservator alone does not require the person 02 to inquire into the existence of authority of the conservator or the propriety of the 03 conservator's exercise of authority, but restrictions on authority stated in letters of 04 office, or otherwise provided by law, are effective as to the person. A person that pays 05 or delivers property to a conservator is not responsible for proper application of the 06 property. 07 (b) Protection under (a) of this section extends to a procedural irregularity or 08 jurisdictional defect in the proceeding leading to the issuance of letters of office and 09 does not substitute for protection for a person that assists or deals with a conservator 10 provided by comparable provisions in law of this state other than this chapter relating 11 to a commercial transaction or simplifying a transfer of securities by a fiduciary. 12 Sec. 13.29.285. Death of individual subject to conservatorship. (a) If an 13 individual subject to conservatorship dies, the conservator shall deliver to the court for 14 safekeeping any will of the individual in the possession of the conservator and inform 15 the personal representative named in the will if feasible, or if not feasible, a 16 beneficiary named in the will, of the delivery. 17 (b) On the death of an individual subject to conservatorship, the conservator 18 shall conclude the administration of the conservatorship estate as provided in 19 AS 13.29.305. 20 Sec. 13.29.290. Presentation and allowance of claim. (a) A conservator may 21 pay, or secure by encumbering property included in the conservatorship estate, a claim 22 against the conservatorship estate or the individual subject to conservatorship arising 23 before or during the conservatorship, on presentation and allowance in accordance 24 with the priorities under (d) of this section. A claimant may present a claim by 25 (1) sending or delivering to the conservator a statement in a record of 26 the claim, indicating its basis, the name and address of the claimant, and the amount 27 claimed; or 28 (2) filing the claim with the court, in a form acceptable to the court, 29 and sending or delivering a copy of the claim to the conservator. 30 (b) A claim under (a) of this section is presented on receipt by the conservator 31 of the statement of the claim or the filing with the court of the claim, whichever first
01 occurs. A presented claim is allowed if it is not disallowed in whole or in part by the 02 conservator in a record sent or delivered to the claimant not later than 60 days after its 03 presentation. Before payment, the conservator may change an allowance of the claim 04 to a disallowance in whole or in part, but not after allowance under a court order or 05 order directing payment of the claim. Presentation of a claim tolls until 30 days after 06 disallowance of the claim the running of a statute of limitations that has not expired 07 relating to the claim. 08 (c) A claimant whose claim under (a) of this section has not been paid may 09 petition the court to determine the claim at any time before it is barred by a statute of 10 limitations, and the court may order its allowance, payment, or security by 11 encumbering property included in the conservatorship estate. If a proceeding is 12 pending against the individual subject to conservatorship at the time of appointment of 13 the conservator or is initiated thereafter, the moving party shall give the conservator 14 notice of the proceeding if it could result in creating a claim against the 15 conservatorship estate. 16 (d) If a conservatorship estate is likely to be exhausted before all existing 17 claims are paid, the conservator shall distribute the estate in money or in kind in 18 payment of claims in the following order: 19 (1) costs and expenses of administration; 20 (2) a claim of the federal or state government having priority under law 21 other than this chapter; 22 (3) a claim incurred by the conservator for support, care, education, 23 health, or welfare previously provided to the individual subject to conservatorship or 24 an individual who is in fact dependent on the individual subject to conservatorship; 25 (4) a claim arising before the conservatorship; and 26 (5) all other claims. 27 (e) Preference may not be given in the payment of a claim under (d) of this 28 section over another claim of the same class. A claim due and payable may not be 29 preferred over a claim not due unless 30 (1) doing so would leave the conservatorship estate without sufficient 31 funds to pay the basic living and health care expenses of the individual subject to
01 conservatorship; and 02 (2) the court authorizes the preference under AS 13.29.220(a)(8). 03 (f) If assets of a conservatorship estate are adequate to meet all existing 04 claims, the court may order the conservator to grant a security interest in the 05 conservatorship estate for payment of a claim at a future date if it is in the best interest 06 of the individual subject to conservatorship. 07 Sec. 13.29.295. Personal liability of conservator. (a) Except as otherwise 08 agreed by a conservator, the conservator is not personally liable on a contract properly 09 entered into in a fiduciary capacity in the course of administration of the 10 conservatorship estate unless the conservator fails to reveal the conservator's 11 representative capacity in the contract or before entering into the contract. 12 (b) A conservator is personally liable for an obligation arising from control of 13 property of the conservatorship estate or an act or omission occurring in the course of 14 administration of the conservatorship estate only if the conservator is personally at 15 fault. 16 (c) A claim based on a contract entered into by a conservator in a fiduciary 17 capacity, an obligation arising from control of property included in the 18 conservatorship estate, or a tort committed in the course of administration of the 19 conservatorship estate may be asserted against the conservatorship estate in a 20 proceeding against the conservator in a fiduciary capacity, whether or not the 21 conservator is personally liable for the claim. 22 (d) A question of liability between a conservatorship estate and the 23 conservator personally may be determined in a proceeding for accounting, surcharge, 24 or indemnification or another appropriate proceeding or action. 25 Sec. 13.29.300. Removal of conservator; appointment of successor. (a) The 26 court may remove a conservator for failure to perform the duties of the conservator or 27 other good cause and appoint a successor conservator to assume the duties of the 28 conservator. 29 (b) The court shall hold a hearing to determine whether to remove a 30 conservator and appoint a successor on 31 (1) petition of the individual subject to conservatorship, conservator, or
01 person interested in the welfare of the individual which contains allegations that, if 02 true, would support a reasonable belief that removal of the conservator and 03 appointment of a successor may be appropriate, but the court may decline to hold a 04 hearing if a petition based on the same or substantially similar facts was filed during 05 the preceding six months; 06 (2) communication from the individual subject to conservatorship, 07 conservator, or person interested in the welfare of the individual which supports a 08 reasonable belief that removal of the conservator and appointment of a successor may 09 be appropriate; or 10 (3) determination by the court that a hearing would be in the best 11 interest of the individual subject to conservatorship. 12 (c) Notice of a petition under (b)(1) of this section must be given to the 13 individual subject to conservatorship, the conservator, and any other person the court 14 determines. 15 (d) An individual subject to conservatorship who seeks to remove the 16 conservator and have a successor appointed has the right to choose an attorney to 17 represent the individual in this matter. If the individual is not represented by an 18 attorney, the court shall appoint an attorney under the same conditions as in 19 AS 13.29.180. The court shall award reasonable attorney fees to the attorney as 20 provided in AS 13.29.480. 21 (e) In selecting a successor conservator, the court shall follow the priorities 22 under AS 13.29.200. 23 (f) Not later than 30 days after appointing a successor conservator, the court 24 shall give notice of the appointment to the individual subject to conservatorship and 25 any person entitled to notice under AS 13.29.205(e) or a subsequent order. 26 Sec. 13.29.305. Termination or modification of conservatorship. (a) A 27 conservatorship for a minor terminates on the earliest of 28 (1) a court order terminating the conservatorship; 29 (2) the minor becoming an adult or, if the minor consents or the court 30 finds by clear and convincing evidence that substantial harm to the minor's interests is 31 otherwise likely, attaining 21 years of age;
01 (3) emancipation of the minor; or 02 (4) except as provided under AS 13.16.065(d) and AS 13.26.545(e), 03 death of the minor. 04 (b) A conservatorship for an adult terminates on order of the court or, except 05 as provided under AS 13.16.065(d) and AS 13.26.545(e), when the adult dies. 06 (c) An individual subject to conservatorship, the conservator, or a person 07 interested in the welfare of the individual may petition for 08 (1) termination of the conservatorship on the ground that a basis for 09 appointment under AS 13.29.155 does not exist or termination would be in the best 10 interest of the individual or for other good cause; or 11 (2) modification of the conservatorship on the ground that the extent of 12 protection or assistance granted is not appropriate or for other good cause. 13 (d) The court shall hold a hearing to determine whether termination or 14 modification of a conservatorship is appropriate on 15 (1) petition under (c) of this section which contains allegations that, if 16 true, would support a reasonable belief that termination or modification of the 17 conservatorship may be appropriate, but the court may decline to hold a hearing if a 18 petition based on the same or substantially similar facts was filed within the preceding 19 six months; 20 (2) a communication from the individual subject to conservatorship, 21 conservator, or person interested in the welfare of the individual which supports a 22 reasonable belief that termination or modification of the conservatorship may be 23 appropriate, including because the functional needs of the individual or supports or 24 services available to the individual 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 or 27 supports or services available to the individual have changed or a protective 28 arrangement instead of conservatorship or other less restrictive alternative is available; 29 or 30 (4) a determination by the court that a hearing would be in the best 31 interest of the individual.
01 (e) Notice of a petition under (c) of this section must be given to the individual 02 subject to conservatorship, the conservator, and any other person the court determines. 03 (f) On presentation of prima facie evidence for termination of a 04 conservatorship, the court shall order termination unless it is proven that a basis for 05 appointment of a conservator under AS 13.29.155 exists. 06 (g) The court shall modify the powers granted to a conservator if the powers 07 are excessive or inadequate because of a change in the abilities or limitations of the 08 individual subject to conservatorship, the supports of the individual, or other 09 circumstances. 10 (h) Unless the court otherwise orders for good cause, before terminating a 11 conservatorship, the court shall follow the same procedures to safeguard the rights of 12 the individual subject to conservatorship which apply to a petition for conservatorship. 13 (i) An individual subject to conservatorship who seeks to terminate or modify 14 the terms of the conservatorship has the right to choose an attorney to represent the 15 individual in this matter. If the individual is not represented by an attorney, the court 16 shall appoint an attorney under the same conditions as in AS 13.29.180. The court 17 shall award reasonable attorney fees to the attorney as provided in AS 13.29.480. 18 (j) On termination of a conservatorship other than because of the death of the 19 individual subject to conservatorship, property of the conservatorship estate passes to 20 the individual. The order of termination must direct the conservator to file a final 21 report and petition for discharge on approval by the court of the final report. 22 (k) On termination of a conservatorship because of the death of the individual 23 subject to conservatorship, the conservator shall promptly file a final report and 24 petition for discharge on approval by the court of the final report. On approval of the 25 final report, the conservator shall proceed expeditiously to distribute the 26 conservatorship estate to the individual's estate or as otherwise ordered by the court. 27 The conservator may take reasonable measures necessary to preserve the 28 conservatorship estate until distribution can be made. 29 (l) The court shall issue a final order of discharge on the approval by the court 30 of the final report and satisfaction by the conservator of any other condition the court 31 imposed on the conservator's discharge.
01 Sec. 13.29.310. Transfer for benefit of minor without appointment of 02 conservator. (a) Unless a person required to transfer funds or other property to a 03 minor knows that a conservator for the minor has been appointed or a proceeding is 04 pending for conservatorship, the person may transfer an amount or value not 05 exceeding $15,000 in a 12-month period to 06 (1) a person that has care or custody of the minor and with whom the 07 minor resides; 08 (2) a guardian for the minor; 09 (3) a custodian under AS 13.42 (Alaska Uniform Transfers to Minors 10 Act); or 11 (4) a financial institution as a deposit in an interest-bearing account or 12 certificate solely in the name of the minor and shall give notice to the minor of the 13 deposit. 14 (b) A person that transfers funds or other property under this section is not 15 responsible for its proper application. 16 (c) A person that receives funds or other property for a minor under (a)(1) or 17 (2) of this section may apply it only to the support, care, education, health, or welfare 18 of the minor, and may not derive a personal financial benefit from it, except for 19 reimbursement for necessary expenses. Funds not applied for these purposes must be 20 preserved for the future support, care, education, health, or welfare of the minor, and 21 the balance, if any, transferred to the minor when the minor becomes an adult or 22 otherwise is emancipated. 23 Article 4. Other Protective Arrangements. 24 Sec. 13.29.315. Authority for protective arrangement. (a) Under 25 AS 13.29.315 - 13.29.368, a court on receiving a petition for a 26 (1) guardianship for an adult may order a protective arrangement 27 instead of guardianship as a less restrictive alternative to guardianship; and 28 (2) conservatorship for an individual may order a protective 29 arrangement instead of conservatorship as a less restrictive alternative to 30 conservatorship. 31 (b) A person interested in an adult's welfare, including the adult or a
01 conservator for the adult, may petition under AS 13.29.315 - 13.29.368 for a 02 protective arrangement instead of guardianship. 03 (c) The following persons may petition under AS 13.29.315 - 13.29.368 for a 04 protective arrangement instead of conservatorship: 05 (1) the individual for whom the protective arrangement is sought; 06 (2) a person interested in the property, financial affairs, or welfare of 07 the individual, including a person that would be adversely affected by lack of effective 08 management of property or financial affairs of the individual; and 09 (3) the guardian for the individual. 10 Sec. 13.29.320. Basis for protective arrangement instead of guardianship 11 for adult. (a) After the hearing on a petition under AS 13.29.065 for a guardianship or 12 under AS 13.29.315(b) for a protective arrangement instead of guardianship, the court 13 may issue an order under (b) of this section for a protective arrangement instead of 14 guardianship if the court finds by clear and convincing evidence that 15 (1) the respondent lacks the ability to meet essential requirements for 16 physical health, safety, or self-care because the respondent is unable to receive and 17 evaluate information or make or communicate decisions, even with appropriate 18 supportive services, technological assistance, or supported decision making; and 19 (2) the identified needs of the respondent cannot be met by a less 20 restrictive alternative. 21 (b) If the court makes the findings under (a) of this section, the court, instead 22 of appointing a guardian, may 23 (1) authorize or direct a transaction necessary to meet the respondent's 24 need for health, safety, or care, including 25 (A) a particular medical treatment or refusal of a particular 26 medical treatment; 27 (B) a move to a specified place of dwelling; or 28 (C) visitation or supervised visitation between the respondent 29 and another person; 30 (2) restrict access to the respondent by a specified person whose access 31 places the respondent at serious risk of physical, psychological, or financial harm; and
01 (3) order other arrangements on a limited basis that are appropriate. 02 (c) In deciding whether to issue an order under this section, the court shall 03 consider the factors under AS 13.29.120 and 13.29.125 which a guardian must 04 consider when making a decision on behalf of an adult subject to guardianship. 05 Sec. 13.29.325. Basis for protective arrangement instead of 06 conservatorship for adult or minor. (a) After the hearing on a petition under 07 AS 13.29.160 for conservatorship for an adult or under AS 13.29.315(c) for a 08 protective arrangement instead of conservatorship for an adult, the court may issue an 09 order under (c) of this section for a protective arrangement instead of conservatorship 10 for the adult if the court finds by clear and convincing evidence that 11 (1) the adult is unable to manage property or financial affairs because 12 (A) of a limitation in the ability to receive and evaluate 13 information or make or communicate decisions, even with appropriate 14 supportive services, technological assistance, or supported decision making; or 15 (B) the adult is missing, detained, or unable to return to the 16 United States; 17 (2) an order under (c) of this section is necessary to 18 (A) avoid harm to the adult or significant dissipation of the 19 property of the adult; or 20 (B) obtain or provide funds or other property needed for the 21 support, care, education, health, or welfare of the adult or an individual entitled 22 to the adult's support; and 23 (3) the identified needs of the respondent cannot be met by a less 24 restrictive alternative. 25 (b) After the hearing on a petition under AS 13.29.160 for conservatorship for 26 a minor or under AS 13.29.315(c) for a protective arrangement instead of 27 conservatorship for a minor, the court may issue an order under (c) of this section for a 28 protective arrangement instead of conservatorship for the respondent if the court finds 29 by a preponderance of the evidence that 30 (1) the arrangement is in the best interest of the minor; if the minor has 31 a parent, the court shall give weight to any recommendation of the parent on whether
01 an arrangement is in the best interest of the minor; and 02 (2) one of the following applies: 03 (A) the minor owns money or property requiring management 04 or protection that otherwise cannot be provided; 05 (B) the minor has or may have financial affairs that may be put 06 at unreasonable risk or hindered because of the minor's age; or 07 (C) the arrangement is necessary or desirable to obtain or 08 provide funds or other property needed for the support, care, education, health, 09 or welfare of the minor; and 10 (3) the order under (c) of this section is necessary or desirable to obtain 11 or provide money needed for the support, care, education, health, or welfare of the 12 minor. 13 (c) If the court makes the findings under (a) or (b) of this section, the court, 14 instead of appointing a conservator, may 15 (1) authorize or direct a transaction necessary to protect the financial 16 interest or property of the respondent, including 17 (A) an action to establish eligibility for benefits; 18 (B) payment, delivery, deposit, or retention of funds or 19 property; 20 (C) sale, mortgage, lease, or other transfer of property; 21 (D) purchase of an annuity; 22 (E) entry into a contractual relationship, including a contract to 23 provide for personal care, supportive services, education, training, or 24 employment; 25 (F) addition to or establishment of a trust; 26 (G) ratification or invalidation of a contract, trust, will, or other 27 transaction, including a transaction related to the property or business affairs of 28 the respondent; or 29 (H) settlement of a claim; or 30 (2) restrict access to the property of the respondent by a specified 31 person whose access to the property places the respondent at serious risk of financial
01 harm. 02 (d) After the hearing on a petition under AS 13.29.315(a)(2) or (c), whether or 03 not the court makes the findings under (a) or (b) of this section, the court may issue an 04 order to restrict access to the respondent or the property of the respondent by a 05 specified person that the court finds by clear and convincing evidence 06 (1) through fraud, coercion, duress, or the use of deception and control 07 caused or attempted to cause an action that would have resulted in financial harm to 08 the respondent or the property of the respondent; and 09 (2) poses a serious risk of substantial financial harm to the respondent 10 or the property of the respondent. 11 (e) Before issuing an order under (c) or (d) of this section, the court shall 12 consider the factors under AS 13.29.240 a conservator must consider when making a 13 decision on behalf of an individual subject to conservatorship. 14 (f) Before issuing an order under (c) or (d) of this section for a respondent 15 who is a minor, the court also shall consider the best interest of the minor, the 16 preference of the parents of the minor, and the preference of the minor, if the minor is 17 12 years of age or older. 18 Sec. 13.29.330. Petition for protective arrangement. A petition for a 19 protective arrangement instead of guardianship or conservatorship must state the 20 petitioner's name, principal residence, current street address, if different, relationship 21 to the respondent, interest in the protective arrangement, the name and address of any 22 attorney representing the petitioner, and, to the extent known, the following: 23 (1) the respondent's name, age, principal residence, current street 24 address, if different, and, if different, address of the dwelling in which it is proposed 25 the respondent will reside if the petition is granted; 26 (2) the name and address of the respondent's 27 (A) spouse or, if the respondent has none, an adult with whom 28 the respondent has shared household responsibilities for more than six months 29 in the 12-month period before the filing of the petition; 30 (B) adult children or, if none, each parent and adult sibling of 31 the respondent, or, if none, at least one adult nearest in kinship to the
01 respondent who can be found with reasonable diligence; and 02 (C) adult stepchildren whom the respondent actively parented 03 during the minor years of the stepchildren and with whom the respondent had 04 an ongoing relationship in the two-year period immediately before the filing of 05 the petition; 06 (3) the name and current address of each of the following, if 07 applicable: 08 (A) a person responsible for the care or custody of the 09 respondent; 10 (B) any attorney currently representing the respondent; 11 (C) the representative payee appointed by the United States 12 Social Security Administration for the respondent; 13 (D) a guardian or conservator acting for the respondent in this 14 state or another jurisdiction; 15 (E) a trustee or custodian of a trust or custodianship of which 16 the respondent is a beneficiary; 17 (F) the fiduciary appointed for the respondent by the United 18 States Department of Veterans Affairs; 19 (G) an agent designated under a durable power of attorney for 20 health care under AS 13.52 in which the respondent is identified as the 21 principal; 22 (H) an agent designated under a power of attorney under 23 AS 13.26 in which the respondent is identified as the principal; 24 (I) a person nominated as guardian or conservator by the 25 respondent if the respondent is 12 years of age or older; 26 (J) a person nominated as guardian by the parent or spouse of 27 the respondent in a will or other signed record; 28 (K) a person known to have routinely assisted the respondent 29 with decision making in the six-month period immediately before the filing of 30 the petition; and 31 (L) if the respondent is a minor,
01 (i) an adult not otherwise listed with whom the 02 respondent resides; and 03 (ii) each person not otherwise listed that had primary 04 care or custody of the respondent for at least 60 days during the two 05 years immediately before the filing of the petition or for at least 730 06 days during the five years immediately before the filing of the petition; 07 (4) the nature of the protective arrangement sought; 08 (5) the reason the protective arrangement sought is necessary, 09 including a brief description of 10 (A) the nature and extent of the alleged need of the respondent; 11 (B) any less restrictive alternative for meeting the alleged need 12 of the respondent which has been considered or implemented; 13 (C) if no less restrictive alternative has been considered or 14 implemented, the reason less restrictive alternatives have not been considered 15 or implemented; and 16 (D) the reason other less restrictive alternatives are insufficient 17 to meet the alleged need of the respondent; 18 (6) the name and current address, if known, of any person with whom 19 the petitioner seeks to limit the respondent's contact; 20 (7) whether the respondent needs an interpreter, translator, or other 21 form of support to communicate effectively with the court or understand court 22 proceedings; 23 (8) if a protective arrangement instead of guardianship is sought and 24 the respondent has property other than personal effects, a general statement of the 25 respondent's property with an estimate of its value, including any insurance or 26 pension, and the source and amount of any other anticipated income or receipts; and 27 (9) if a protective arrangement instead of conservatorship is sought, a 28 general statement of the respondent's property with an estimate of its value, including 29 any insurance or pension, and the source and amount of other anticipated income or 30 receipts. 31 Sec. 13.29.335. Notice and hearing. (a) On filing of a petition under
01 AS 13.29.315, the court shall set a date, time, and place for a hearing on the petition. 02 (b) A copy of a petition under AS 13.29.315 and notice of a hearing on the 03 petition must be served personally on the respondent. The notice must inform the 04 respondent of the respondent's rights at the hearing, including the right to an attorney 05 and to attend the hearing. The notice must include a description of the nature, purpose, 06 and consequences of granting the petition. The court may not grant the petition if 07 notice substantially complying with this subsection is not served on the respondent. 08 (c) In a proceeding on a petition under AS 13.29.315, the notice required 09 under (b) of this section must be given to the persons required to be listed in the 10 petition under AS 13.29.330(1) - (3) and any other person interested in the welfare of 11 the respondent the court determines. Failure to give notice under this subsection does 12 not preclude the court from granting the petition. 13 (d) After the court has ordered a protective arrangement under AS 13.29.315 - 14 13.29.368, notice of a hearing on a petition filed under this chapter, together with a 15 copy of the petition, must be given to the respondent and any other person the court 16 determines. 17 Sec. 13.29.340. Appointment and role of visitor. (a) On filing of a petition 18 under AS 13.29.315 for a protective arrangement instead of guardianship, the court 19 shall appoint a visitor. The visitor must be an individual with training or experience in 20 the type of abilities, limitations, and needs alleged in the petition. 21 (b) On filing of a petition under AS 13.29.315 for a protective arrangement 22 instead of conservatorship for a minor, the court may appoint a visitor to investigate a 23 matter related to the petition or inform the minor or a parent of the minor about the 24 petition or a related matter. 25 (c) On filing of a petition under AS 13.29.315 for a protective arrangement 26 instead of conservatorship for an adult, the court shall appoint a visitor. The visitor 27 must be an individual with training or experience in the types of abilities, limitations, 28 and needs alleged in the petition. 29 (d) A visitor appointed under (a) or (c) of this section shall interview the 30 respondent in person and, in a manner the respondent is best able to understand, 31 (1) explain to the respondent the substance of the petition, the nature,
01 purpose, and effect of the proceeding, and the rights of the respondent at the hearing 02 on the petition; 03 (2) determine the views of the respondent with respect to the order 04 sought; 05 (3) inform the respondent of the respondent's right to employ and 06 consult with an attorney at the respondent's expense and the right to request a court- 07 appointed attorney; 08 (4) inform the respondent that all costs and expenses of the proceeding, 09 including respondent's attorney fees, may be paid from the respondent's assets; 10 (5) if the petitioner seeks an order related to the dwelling of the 11 respondent, visit the respondent's present dwelling and any dwelling in which it is 12 reasonably believed the respondent will live if the order is granted; 13 (6) if a protective arrangement instead of guardianship is sought, 14 obtain information from any physician or other person known to have treated, advised, 15 or assessed the respondent's relevant physical or mental condition; 16 (7) if a protective arrangement instead of conservatorship is sought, 17 review financial records of the respondent, if relevant to the visitor's recommendation 18 under (e)(3) of this section; and 19 (8) investigate the allegations in the petition and any other matter 20 relating to the petition the court directs. 21 (e) A visitor under this section promptly shall file a report in a record with the 22 court, which must include 23 (1) a recommendation whether an attorney should be appointed to 24 represent the respondent; 25 (2) to the extent relevant to the order sought, a summary of self-care, 26 independent-living tasks, and financial management tasks the respondent 27 (A) can manage without assistance or with existing supports; 28 (B) could manage with the assistance of appropriate supportive 29 services, technological assistance, or supported decision making; and 30 (C) cannot manage; 31 (3) a recommendation regarding the appropriateness of the protective
01 arrangement sought and whether a less restrictive alternative for meeting the needs of 02 the respondent is available; 03 (4) if the petition seeks to change the physical location of the dwelling 04 of the respondent, a statement whether the proposed dwelling meets the needs of the 05 respondent and whether the respondent has expressed a preference as to the 06 respondent's dwelling; 07 (5) a recommendation whether a professional evaluation under 08 AS 13.29.350 is necessary; 09 (6) a statement whether the respondent is able to attend a hearing at the 10 location where court proceedings typically are held; 11 (7) a statement whether the respondent is able to participate in a 12 hearing and which identifies any technology or other form of support that would 13 enhance the respondent's ability to participate; and 14 (8) any other matter the court directs. 15 Sec. 13.29.345. Appointment and role of attorney. (a) The court shall 16 appoint an attorney to represent the respondent in a proceeding under AS 13.29.315 - 17 13.29.368 if 18 (1) the respondent requests the appointment; 19 (2) the visitor recommends the appointment; or 20 (3) the court determines the respondent needs representation. 21 (b) An attorney representing the respondent in a proceeding under 22 AS 13.29.315 - 13.29.368 shall 23 (1) make reasonable efforts to ascertain the wishes of the respondent; 24 (2) advocate for the wishes of the respondent to the extent reasonably 25 ascertainable; and 26 (3) if the wishes of the respondent are not reasonably ascertainable, 27 advocate for the result that is the least restrictive alternative in type, duration, and 28 scope, consistent with the interests of the respondent. 29 Sec. 13.29.350. Professional evaluation. (a) At or before a hearing on a 30 petition under AS 13.29.315 - 13.29.368 for a protective arrangement, the court shall 31 order a professional evaluation of the respondent
01 (1) if the respondent requests the evaluation; or 02 (2) in other cases, unless the court finds that it has sufficient 03 information to determine the needs and abilities of the respondent without the 04 evaluation. 05 (b) If the court orders an evaluation under (a) of this section, the respondent 06 must be examined by a licensed physician, psychologist, social worker, or other 07 individual appointed by the court who is qualified to evaluate the respondent's alleged 08 cognitive and functional abilities and limitations and will not be advantaged or 09 disadvantaged by a decision to grant the petition or otherwise have a conflict of 10 interest. The individual conducting the evaluation shall promptly file a report in a 11 record with the court. Unless otherwise directed by the court, the report must contain 12 (1) a description of the nature, type, and extent of the respondent's 13 cognitive and functional abilities and limitations; 14 (2) an evaluation of the respondent's mental and physical condition 15 and, if appropriate, educational potential, adaptive behavior, and social skills; 16 (3) a prognosis for improvement, including with regard to the ability to 17 manage the property and financial affairs of the respondent if a limitation in that 18 ability is alleged, and recommendation for the appropriate treatment, support, or 19 habilitation plan; and 20 (4) the date of the examination on which the report is based. 21 (c) The respondent may decline to participate in an evaluation ordered under 22 (a) of this section. 23 Sec. 13.29.355. Attendance and rights at hearing. (a) Except as otherwise 24 provided in (b) of this section, a hearing under AS 13.29.315 - 13.29.368 may not 25 proceed unless the respondent attends the hearing. If it is not reasonably feasible for 26 the respondent to attend a hearing at the location where court proceedings typically are 27 held, the court shall make reasonable efforts to hold the hearing at an alternative 28 location convenient to the respondent or allow the respondent to attend the hearing 29 using real-time audiovisual technology. 30 (b) A hearing under AS 13.29.315 - 13.29.368 may proceed without the 31 respondent in attendance if the court finds by clear and convincing evidence that
01 (1) the respondent consistently and repeatedly has refused to attend the 02 hearing after having been fully informed of the right to attend and the potential 03 consequences of failing to do so; 04 (2) there is no practicable way for the respondent to attend and 05 participate in the hearing even with appropriate supportive services and technological 06 assistance; or 07 (3) the respondent is a minor who has received proper notice and 08 attendance would be harmful to the minor. 09 (c) The respondent may be assisted in a hearing under AS 13.29.315 - 10 13.29.368 by a person or persons chosen by the respondent, assistive technology, or an 11 interpreter or translator, or a combination of these supports. If assistance would 12 facilitate the ability of the respondent to participate in the hearing, but is not otherwise 13 available to the respondent, the court shall make reasonable efforts to provide it. 14 (d) The respondent has a right to choose an attorney to represent the 15 respondent at a hearing under AS 13.29.315 - 13.29.368. 16 (e) At a hearing under AS 13.29.315 - 13.29.368, the respondent may 17 (1) present evidence and subpoena witnesses and documents; 18 (2) examine witnesses, including any court-appointed evaluator and 19 the visitor; and 20 (3) otherwise participate in the hearing. 21 (f) A hearing under AS 13.29.315 - 13.29.368 must be closed on request of the 22 respondent and a showing of good cause. 23 (g) Any person may request to participate in a hearing under AS 13.29.315 - 24 13.29.368. The court may grant the request, with or without a hearing, on determining 25 that the best interest of the respondent will be served. The court may impose 26 appropriate conditions on the person's participation. 27 Sec. 13.29.360. Notice of order. The court shall give notice of an order under 28 AS 13.29.315 - 13.29.368 to the individual who is subject to the protective 29 arrangement instead of guardianship or conservatorship, a person whose access to the 30 individual is restricted by the order, and any other person the court determines. 31 Sec. 13.29.365. Confidentiality of records. (a) The existence of a proceeding
01 for or the existence of a protective arrangement instead of guardianship or 02 conservatorship is a matter of public record unless the court seals the record after 03 (1) the respondent, the individual subject to the protective 04 arrangement, or the parent of a minor subject to the protective arrangement requests 05 that the record be sealed; and 06 (2) one of the following occurs: 07 (A) the proceeding is dismissed; 08 (B) the protective arrangement is no longer in effect; or 09 (C) an act authorized by the order granting the protective 10 arrangement has been completed. 11 (b) A respondent, an individual subject to a protective arrangement instead of 12 guardianship or conservatorship, an attorney designated by the respondent or 13 individual, a parent of a minor subject to a protective arrangement, and any other 14 person the court determines are entitled to access court records of the proceeding and 15 resulting protective arrangement. A person not otherwise entitled to access court 16 records under this subsection for good cause may petition the court for access. The 17 court shall grant access if access is in the best interest of the respondent or individual 18 subject to the protective arrangement or furthers the public interest and does not 19 endanger the welfare or financial interests of the respondent or individual. 20 (c) A report of a visitor or professional evaluation generated in the course of a 21 proceeding under AS 13.29.315 - 13.29.368 must be sealed on filing but is available to 22 (1) the court; 23 (2) the individual who is the subject of the report or evaluation, 24 without limitation as to use; 25 (3) the petitioner, visitor, and petitioner's and respondent's attorneys, 26 for purposes of the proceeding; 27 (4) unless the court orders otherwise, an agent appointed under a 28 power of attorney under AS 13.26 in which the respondent is the principal; 29 (5) if the order is for a protective arrangement instead of guardianship 30 and unless the court orders otherwise, an agent appointed under a durable power of 31 attorney for health care under AS 13.52 in which the respondent is identified as the
01 principal; and 02 (6) any other person if it is in the public interest or for a purpose the 03 court orders for good cause. 04 Sec. 13.29.368. Appointment of master. The court may appoint a master to 05 assist in implementing a protective arrangement under AS 13.29.315 - 13.29.368. The 06 master has the authority conferred by the order of appointment and serves until 07 discharged by court order. 08 Article 5. Forms. 09 Sec. 13.29.370. Use of forms. Use of the forms contained in AS 13.29.370 - 10 13.29.385 is optional. Failure to use these forms does not prejudice any party. 11 Sec. 13.29.375. Petition for guardianship for minor. This form may be used 12 to petition for guardianship for a minor. 13 Petition for Guardianship for Minor 14 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT 15 _____________________________________________________________ 16 Name and address of attorney representing Petitioner, if applicable: 17 _______________________________________________________________ 18 NOTE TO PETITIONER: This form can be used to petition for a guardian for 19 a minor. A court may appoint a guardian for a minor who does not have a 20 guardian if the court finds the appointment is in the best interest of the minor, 21 and (1) the parents consent after being fully informed of the nature and 22 consequences of guardianship; (2) all parental rights have been terminated; or 23 (3) the court finds by clear and convincing evidence that the parents are 24 unwilling or unable to exercise their parental rights. 25 (1) INFORMATION ABOUT THE PERSON FILING THIS 26 PETITION (THE "PETITIONER"). 27 a. Name: _______________________________________________ 28 b. Principal residence: ____________________________________ 29 c. Current street address (if different): ________________________ 30 d. Relationship to minor: __________________________________ 31 e. Interest in this petition: __________________________________
01 f. Telephone number (optional): _____________________________ 02 g. Email address (optional): ________________________________ 03 (2) INFORMATION ABOUT THE MINOR ALLEGED TO 04 NEED A GUARDIAN. 05 Provide the following information to the extent known: 06 a. Name: ______________________________________________ 07 b. Age: _______________________________________________ 08 c. Principal residence: ___________________________________ 09 d. Current street address (if different): _______________________ 10 e. If Petitioner anticipates the minor moving, or seeks to move the minor, 11 proposed new address: ____________________________________ 12 f. Does the minor need an interpreter, translator, or other form of support to 13 communicate with the court or understand court proceedings? If so, please 14 explain. ________________________________________________ 15 g. Telephone number (optional): ____________________________ 16 h. Email address (optional): ________________________________ 17 (3) INFORMATION ABOUT THE MINOR'S PARENT(S). 18 a. Name(s) of living parent(s): _____________________________________ 19 b. Current street address(es) of living parent(s): _______________________ 20 c. Does any parent need an interpreter, translator, or other form of support to 21 communicate with the court or understand court proceedings? If so, please 22 explain. _______________________________________________________ 23 (4) PEOPLE WHO ARE REQUIRED TO BE NOTIFIED OF 24 THIS PETITION. State the name and current address of the people listed in 25 Appendix A. 26 (5) APPOINTMENT REQUESTED. State the name and 27 address of any proposed guardian and the reason the proposed guardian should 28 be selected. 29 (6) STATE WHY PETITIONER SEEKS THE 30 APPOINTMENT. Include a description of the nature and extent of the minor's 31 alleged need.
01 (7) PROPERTY. If the minor has property other than personal 02 effects, state the minor's property with an estimate of its value. 03 (8) OTHER PROCEEDINGS. If there are any other 04 proceedings concerning the care or custody of the minor currently pending in 05 any court in this state or another jurisdiction, please describe them. 06 (9) ATTORNEY(S). If the minor or the minor's parent is 07 represented by an attorney in this matter, state the name, [telephone number, 08 email address,] and address of the attorney(s). 09 SIGNATURE 10 _________________________________ _______________ 11 Signature of Petitioner Date 12 13 ______________________________ _______________ 14 Signature of Petitioner's Attorney if Date 15 Petitioner is Represented by Counsel 16 APPENDIX A: 17 People whose name and address must be listed in Section 4 of this petition if 18 they are not the Petitioner. 19 (1) The minor, if the minor is 12 years of age or older. 20 (2) Each parent of the minor or, if there are none, the adult nearest in 21 kinship that can be found. 22 (3) An adult with whom the minor resides. 23 (4) Each person that had primary care or custody of the minor for at 24 least 60 days during the two years immediately before the filing of the petition or for 25 at least 730 days during the five years immediately before the filing of the petition. 26 (5) If the minor is 12 years of age or older, any person nominated as 27 guardian by the minor. 28 (6) Any person nominated as guardian by a parent of the minor. 29 (7) The grandparents of the minor. 30 (8) Adult siblings of the minor. 31 (9) Any current guardian or conservator for the minor appointed in this
01 state or another jurisdiction. 02 Sec. 13.29.380. Petition for guardianship, conservatorship, or protective 03 arrangement. This form may be used to petition for 04 (1) guardianship for an adult; 05 (2) conservatorship for an adult or minor; 06 (3) a protective arrangement instead of guardianship for an adult; or 07 (4) a protective arrangement instead of conservatorship for an adult or 08 minor. 09 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT 10 ______________________________________________________________ 11 Name and address of attorney representing Petitioner, if 12 applicable:_____________________________________________________ 13 NOTE TO PETITIONER: This form can be used to petition for a 14 guardian, conservator, or both, or for a protective arrangement instead of either 15 a guardianship or conservatorship. This form should not be used to petition for 16 guardianship for a minor. 17 The court may appoint a guardian or order a protective arrangement 18 instead of guardianship for an adult if the adult lacks the ability to meet 19 essential requirements for physical health, safety, or self-care because (1) the 20 adult is unable to receive and evaluate information or make or communicate 21 decisions even with the use of supportive services, technological assistance, 22 and supported decision-making; and (2) the adult's identified needs cannot be 23 met by a less restrictive alternative. 24 The court may appoint a conservator or order a protective arrangement 25 instead of conservatorship for an adult if (1) the adult is unable to manage 26 property and financial affairs because of a limitation in the ability to receive 27 and evaluate information or make or communicate decisions even with the use 28 of supportive services, technological assistance, and supported decision- 29 making or the adult is missing, detained, or unable to return to the United 30 States; and (2) appointment is necessary to avoid harm to the adult or 31 significant dissipation of the property of the adult, or to obtain or provide funds
01 or other property needed for the support, care, education, health, or welfare of 02 the adult, or of an individual who is entitled to the adult's support, and 03 protection is necessary or desirable to provide funds or other property for that 04 purpose. 05 The court may appoint a conservator or order a protective arrangement 06 instead of conservatorship for a minor if (1) the minor owns funds or other 07 property requiring management or protection that cannot otherwise be 08 provided; or (2) it would be in the best interest of the minor, and the minor has 09 or may have financial affairs that may be put at unreasonable risk or hindered 10 because of the minor's age, or appointment is necessary or desirable to provide 11 funds or other property needed for the support, care, education, health, or 12 welfare of the minor. 13 The court may also order a protective arrangement instead of 14 conservatorship that restricts access to an individual or an individual's property 15 by a person that the court finds (1) through fraud, coercion, duress, or the use 16 of deception and control, caused, or attempted to cause, an action that would 17 have resulted in financial harm to the individual or the individual's property; 18 and (2) poses a serious risk of substantial financial harm to the individual or 19 the individual's property. 20 (1) INFORMATION ABOUT THE PERSON FILING THIS 21 PETITION (THE "PETITIONER"). 22 a. Name: _________________________________________________________ 23 b. Principal residence: _______________________________________________ 24 c. Current street address (if different): __________________________________ 25 d. Relationship to Respondent: ________________________________________ 26 e. Interest in this petition: ____________________________________________ 27 f. Telephone number (optional): _______________________________________ 28 g. Email address (optional): __________________________________________ 29 (2) INFORMATION ABOUT THE INDIVIDUAL ALLEGED 30 TO NEED PROTECTION (THE "RESPONDENT"). 31 Provide the following information to the extent known.
01 a. Name: _________________________________________________________ 02 b. Age: __________________________________________________________ 03 c. Principal residence: ______________________________________________ 04 d. Current street address (if different): __________________________________ 05 e. If Petitioner anticipates Respondent moving, or seeks to move Respondent, 06 proposed new address: ____________________________________________ 07 f. Does Respondent need an interpreter, translator, or other form of support to 08 communicate with the court or understand court proceedings? If so, please 09 explain. ________________________________________________________ 10 g. Telephone number (optional): ____________________________________ 11 h. Email address (optional): _______________________________________ 12 (3) PEOPLE WHO ARE REQUIRED TO BE NOTIFIED OF 13 THIS PETITION. State the name and address of the people listed in Appendix 14 A. 15 (4) EXISTING AGENTS. State the name and address of any 16 person appointed as an agent under a power of attorney under AS 13.26 or 17 durable power of attorney for health care under AS 13.52, or who has been 18 appointed as the individual's representative for payment of benefits. 19 (5) ACTION REQUESTED. State whether Petitioner is 20 seeking appointment of a guardian, a conservator, or a protective arrangement 21 instead of an appointment. 22 (6) ORDER REQUESTED OR APPOINTMENT 23 REQUESTED. If seeking a protective arrangement instead of a guardianship 24 or conservatorship, state the transaction or other action you want the court to 25 order. If seeking appointment of a guardian or conservator, state the powers 26 Petitioner requests the court grant to a guardian or conservator. 27 (7) STATE WHY THE APPOINTMENT OR PROTECTIVE 28 ARRANGEMENT SOUGHT IS NECESSARY. Include a description of the 29 nature and extent of Respondent's alleged need. 30 (8) STATE ALL LESS RESTRICTIVE ALTERNATIVES TO 31 MEETING RESPONDENT'S ALLEGED NEED THAT HAVE BEEN
01 CONSIDERED OR IMPLEMENTED. Less restrictive alternatives could 02 include supported decision-making, technological assistance, or the 03 appointment of an agent by Respondent, including appointment under a power 04 of attorney under AS 13.26 or durable power of attorney for health care under 05 AS 13.52. If no alternative has been considered or implemented, state the 06 reason why. 07 (9) EXPLAIN WHY LESS RESTRICTIVE ALTERNATIVES 08 WILL NOT MEET RESPONDENT'S ALLEGED NEED. 09 (10) PROVIDE A GENERAL STATEMENT OF 10 RESPONDENT'S PROPERTY AND AN ESTIMATE OF ITS VALUE. 11 Include any real property such as a house or land, insurance or pension, and the 12 source and amount of any other anticipated income or receipts. As part of this 13 statement, indicate, if known, how the property is titled (for example, is it 14 jointly owned?). 15 (11) FOR A PETITION SEEKING APPOINTMENT OF A 16 CONSERVATOR. (Skip this section if not asking for appointment of a 17 conservator.) 18 a. If seeking appointment of a conservator with all powers permissible under 19 this state's law, explain why appointment of a conservator with fewer powers 20 (i.e., a "limited conservatorship") or other protective arrangement instead of 21 conservatorship will not meet the individual's alleged needs. 22 b. If seeking a limited conservatorship, state the property Petitioner requests 23 be placed under the conservator's control and any proposed limitation on the 24 conservator's powers and duties. 25 c. State the name and address of any proposed conservator and the reason the 26 proposed conservator should be selected. 27 d. If Respondent is 12 years of age or older, state the name and address of any 28 person Respondent nominates as conservator. 29 e. If alleging a limitation in Respondent's ability to receive and evaluate 30 information, provide a brief description of the nature and extent of 31 Respondent's alleged limitation.
01 f. If alleging that Respondent is missing, detained, or unable to return to the 02 United States, state the relevant circumstances, including the time and nature 03 of the disappearance or detention and a description of any search or inquiry 04 concerning the Respondent's whereabouts. 05 (12) FOR A PETITION SEEKING APPOINTMENT OF A 06 GUARDIAN. (Skip this section if not asking for appointment of a guardian.) 07 a. If seeking appointment of a guardian with all powers permissible under this 08 state's law, explain why appointment of a guardian with fewer powers (i.e., a 09 "limited guardianship") or other protective arrangement instead of 10 guardianship will not meet the individual's alleged needs. 11 b. If seeking a limited guardianship, state the powers Petitioner requests be 12 granted to the guardian. 13 c. State the name and address of any proposed guardian and the reason the 14 proposed guardian should be selected. 15 d. State the name and address of any person nominated as guardian by 16 Respondent, or, in a will or other signed writing or other record, by 17 Respondent's parent or spouse. 18 (13) ATTORNEY. If Petitioner, Respondent, or, if Respondent 19 is a minor, Respondent's parent is represented by an attorney in this matter, 20 state the name, telephone number, email address, and address of the 21 attorney(s). 22 SIGNATURE 23 _________________________________ _______________ 24 Signature of Petitioner Date 25 26 ______________________________ _______________ 27 Signature of Petitioner's Attorney if Date 28 Petitioner is Represented by Counsel 29 APPENDIX A: 30 People whose name and address must be listed in Section 3 of this petition, if 31 they are not the Petitioner.
01 (1) Respondent's spouse or if Respondent has none, any adult with 02 whom Respondent has shared household responsibilities in the past six months. 03 (2) Respondent's adult children, or, if Respondent has none, 04 Respondent's parents and adult siblings, or if Respondent has none, one or more adults 05 nearest in kinship to Respondent who can be found with reasonable diligence. 06 (3) Respondent's adult stepchildren whom Respondent actively 07 parented during the stepchildren's minor years and with whom Respondent had an 08 ongoing relationship within two years of this petition. 09 (4) Any person responsible for the care or custody of Respondent. 10 (5) Any attorney currently representing Respondent. 11 (6) Any representative payee for Respondent appointed by the United 12 States Social Security Administration. 13 (7) Any current guardian or conservator for Respondent appointed in 14 this state or another jurisdiction. 15 (8) Any trustee or custodian of a trust or custodianship of which 16 Respondent is a beneficiary. 17 (9) Any fiduciary for Respondent appointed by the United States 18 Department of Veterans Affairs. 19 (10) Any person Respondent has designated as agent under a power of 20 attorney under AS 13.26. 21 (11) Any person Respondent has designated as agent under a durable 22 power of attorney for health care under AS 13.52. 23 (12) Any person known to have routinely assisted the individual with 24 decision making in the previous six months. 25 (13) Any person Respondent nominates as guardian or conservator. 26 (14) Any person nominated as guardian by Respondent's parent or 27 spouse in a will or other signed writing or other record. 28 Sec. 13.29.385. Notification of rights for adult subject to guardianship or 29 conservatorship. This form may be used to notify an adult subject to guardianship or 30 conservatorship of the adult's rights under AS 13.29.110 and 13.29.210. 31 NOTIFICATION OF RIGHTS
01 You are getting this notice because a guardian, conservator, or both have been 02 appointed for you. It tells you about some important rights you have. It does 03 not tell you about all your rights. If you have questions about your rights, you 04 can ask an attorney or another person, including your guardian or conservator, 05 to help you understand your rights. 06 GENERAL RIGHTS: You have the right to exercise any right the court 07 has not given to your guardian or conservator. You also have the right to ask 08 the court to 09 (1) end your guardianship, conservatorship, or both; 10 (2) increase or decrease the powers granted to your guardian, 11 conservator, or both; 12 (3) make other changes that affect what your guardian or 13 conservator can do or how they do it; and 14 (4) replace the person that was appointed with someone else. 15 You also have a right to hire an attorney to help you do any of these things. 16 ADDITIONAL RIGHTS FOR PERSONS FOR WHOM A 17 GUARDIAN HAS BEEN APPOINTED: As an adult subject to guardianship, 18 you have a right to 19 (1) be involved in decisions affecting you, including decisions 20 about your care, where you live, your activities, and your social interactions, to 21 the extent reasonably feasible; 22 (2) be involved in decisions about your health care to the extent 23 reasonably feasible, and to have other people help you understand the risks and 24 benefits of health care options; 25 (3) be notified at least 14 days in advance of a change in where 26 you live or a permanent move to a nursing home, mental health facility, or 27 other facility that places restrictions on your ability to leave or have visitors, 28 unless the guardian has proposed this change in the guardian's plan or the court 29 has expressly authorized it; 30 (4) ask the court to prevent your guardian from changing where 31 you live or selling or surrendering your primary dwelling by objecting to such
01 a move in compliance with AS 13.29.125; 02 (5) vote and get married unless the court order appointing your 03 guardian states that you cannot do so; 04 (6) receive a copy of your guardian's report and your guardian's 05 plan; and 06 (7) communicate, visit, or interact with other people (this 07 includes the right to have visitors, to make and receive telephone calls, 08 personal mail, or electronic communications) unless 09 (A) your guardian has been authorized by the court by 10 specific order to restrict these communications, visits, or interactions; 11 (B) a protective order is in effect that limits contact 12 between you and other people; or 13 (C) your guardian has good cause to believe the 14 restriction is needed to protect you from significant physical, 15 psychological, or financial harm and the restriction is for not more than 16 seven business days if the person has a family or pre-existing social 17 relationship with you or not more than 60 days if the person does not 18 have that kind of relationship with you. 19 ADDITIONAL RIGHTS FOR PERSONS FOR WHOM A 20 CONSERVATOR HAS BEEN APPOINTED: As an adult subject to 21 conservatorship, you have a right to 22 (1) participate in decisions about how your property is 23 managed to the extent feasible; and 24 (2) receive a copy of your conservator's inventory, report, and 25 plan. 26 Article 6. Miscellaneous Provisions. 27 Sec. 13.29.390. Uniformity of application and construction. In applying and 28 construing this chapter, consideration must be given to the need to promote uniformity 29 of the law with respect to its subject matter among states that enact it. 30 Sec. 13.29.395. Relation to Electronic Signatures in Global and National 31 Commerce Act. This chapter modifies, limits, or supersedes 15 U.S.C. 7001 - 7031
01 (Electronic Signatures in Global and National Commerce Act), but does not modify, 02 limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the 03 notices described in 15 U.S.C. 7003(b). 04 Article 7. General Provisions. 05 Sec. 13.29.400. Supplemental principles of law and equity applicable. 06 Unless displaced by a particular provision of this chapter, the principles of law and 07 equity supplement its provisions. 08 Sec. 13.29.405. Subject matter jurisdiction. (a) Except to the extent 09 jurisdiction is precluded by AS 25.30 (Uniform Child Custody Jurisdiction and 10 Enforcement Act), a court of this state has jurisdiction over a guardianship for a minor 11 domiciled or present in this state. The court has jurisdiction over a conservatorship or 12 protective arrangement instead of conservatorship for a minor domiciled or having 13 property in this state. 14 (b) A court of this state has jurisdiction over a guardianship, conservatorship, 15 or protective arrangement under AS 13.29.315 - 13.29.368 for an adult as provided in 16 AS 13.27 (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act). 17 (c) After notice is given in a proceeding for a guardianship, conservatorship, 18 or protective arrangement under AS 13.29.315 - 13.29.368 and until termination of the 19 proceeding, the court in which the petition is filed has 20 (1) exclusive jurisdiction to determine the need for the guardianship, 21 conservatorship, or protective arrangement; 22 (2) exclusive jurisdiction to determine how property of the respondent 23 must be managed, expended, or distributed to or for the use of the respondent, an 24 individual who is dependent in fact on the respondent, or other claimant; 25 (3) nonexclusive jurisdiction to determine the validity of a claim 26 against the respondent or property of the respondent or a question of title concerning 27 the property; and 28 (4) if a guardian or conservator is appointed, exclusive jurisdiction 29 over issues related to administration of the guardianship or conservatorship. 30 (d) A court that appoints a guardian or conservator or authorizes a protective 31 arrangement under AS 13.29.315 - 13.29.368 has exclusive and continuing jurisdiction
01 over the proceeding until the court terminates the proceeding or the appointment or 02 protective arrangement expires by its terms. 03 Sec. 13.29.410. Transfer of proceedings. (a) This section does not apply to a 04 guardianship or conservatorship for an adult that is subject to the transfer provisions 05 under AS 13.27.200 or 13.27.210. 06 (b) After appointment of a guardian or conservator, the court that made the 07 appointment may transfer the proceeding to another court in the same judicial district, 08 another judicial district in this state, or another state if a transfer is in the best interest 09 of the individual subject to the guardianship or conservatorship. 10 (c) If a proceeding for a guardianship or conservatorship is pending in another 11 state or a foreign country and a petition for guardianship or conservatorship for the 12 same individual is filed in a court in this state, the court shall notify the court in the 13 other state or foreign country and, after consultation with that court, assume or decline 14 jurisdiction, whichever is in the best interest of the respondent. 15 (d) A guardian or conservator appointed in another state or country may 16 petition the court for appointment as a guardian or conservator in this state for the 17 same individual if jurisdiction in this state is or will be established. The appointment 18 may be made on proof of appointment in the other state or foreign country and 19 presentation of a certified copy of the part of the court record in the other state or 20 country specified by the court in this state. 21 (e) Notice of hearing on a petition under (d) of this section, together with a 22 copy of the petition, must be given to the respondent, if the respondent is at least 12 23 years of age at the time of the hearing, and to the persons that would be entitled to 24 notice if the procedures for appointment of a guardian or conservator under this 25 chapter were applicable. The court shall make the appointment unless the court 26 determines the appointment would not be in the best interest of the respondent. 27 (f) Not later than 14 days after appointment under (e) of this section, the 28 guardian or conservator shall give a copy of the order of appointment to the individual 29 subject to guardianship or conservatorship, if the individual is at least 12 years of age, 30 and to all persons given notice of the hearing on the petition. 31 Sec. 13.29.415. Venue. (a) Except as provided in (e) of this section, venue for
01 a guardianship proceeding for a minor is in 02 (1) the judicial district in which the minor resides or is present at the 03 time the proceeding commences; or 04 (2) the judicial district in which another proceeding concerning the 05 custody or parental rights of the minor is pending. 06 (b) Venue for a guardianship proceeding or protective arrangement instead of 07 guardianship for an adult is in 08 (1) the judicial district in which the respondent resides; 09 (2) if the respondent has been admitted to an institution by court order, 10 the judicial district in which the court is located; or 11 (3) if the proceeding is for appointment of an emergency guardian for 12 an adult, the judicial district in which the respondent is present. 13 (c) Venue for a conservatorship proceeding or protective arrangement instead 14 of conservatorship is in 15 (1) the judicial district in which the respondent resides, whether or not 16 a guardian has been appointed in another judicial district or other jurisdiction; or 17 (2) if the respondent does not reside in this state, any judicial district in 18 which property of the respondent is located. 19 (d) If proceedings under this chapter are brought in more than one judicial 20 district, the court of the judicial district in which the first proceeding is brought has the 21 exclusive right to proceed unless the court determines venue is properly in another 22 court or the interest of justice otherwise requires transfer of the proceeding. 23 (e) The venue for a guardianship proceeding for a minor in state custody under 24 AS 47.10 is the 25 (1) superior court where the child-in-need-of-aid proceeding is pending 26 as provided under AS 47.10.111; or 27 (2) judicial district in which the petitioner resides if the petitioner 28 provides notice to all of the parties to the child-in-need-of-aid proceeding and no party 29 objects. 30 Sec. 13.29.420. Practice in court. (a) If proceedings for a guardianship, 31 conservatorship, or protective arrangement under AS 13.29.315 - 13.29.368 for the
01 same individual are commenced or pending in the same court, the proceedings may be 02 consolidated. 03 (b) A respondent may demand a jury trial in a proceeding under this chapter 04 on the issue of whether a basis exists for appointment of a guardian or conservator. 05 Sec. 13.29.425. Letters of office. (a) The court shall issue letters of office to a 06 guardian on filing by the guardian of an acceptance of appointment. 07 (b) The court shall issue letters of office to a conservator on filing by the 08 conservator of an acceptance of appointment and filing of any required bond or 09 compliance with any other asset protection arrangement required by the court. 10 (c) Limitations on the powers of a guardian or conservator or on the property 11 subject to conservatorship must be stated on the letters of office. 12 (d) The court at any time may limit the powers conferred on a guardian or 13 conservator. The court shall issue new letters of office to reflect the limitation. The 14 court shall give notice of the limitation to the guardian or conservator, individual 15 subject to guardianship or conservatorship, each parent of a minor subject to 16 guardianship or conservatorship, and any other person the court determines. 17 Sec. 13.29.430. Effect of acceptance of appointment. On acceptance of 18 appointment, a guardian or conservator submits to the personal jurisdiction of the 19 court in this state in any proceeding relating to the guardianship or conservatorship. 20 Sec. 13.29.435. Co-guardian; co-conservator. (a) The court at any time may 21 appoint a co-guardian or co-conservator to serve immediately or when a designated 22 event occurs. 23 (b) A co-guardian or co-conservator appointed to serve immediately may act 24 when that co-guardian or co-conservator complies with AS 13.29.425. 25 (c) A co-guardian or co-conservator appointed to serve when a designated 26 event occurs may act when 27 (1) the event occurs; and 28 (2) that co-guardian or co-conservator complies with AS 13.29.425. 29 (d) Unless an order of appointment under (a) of this section or subsequent 30 order states otherwise, co-guardians or co-conservators shall make decisions jointly. 31 Sec. 13.29.440. Judicial appointment of successor guardian or successor
01 conservator. (a) The court at any time may appoint a successor guardian or successor 02 conservator to serve immediately or when a designated event occurs. 03 (b) A person entitled under AS 13.29.010 or 13.29.065 to petition the court to 04 appoint a guardian may petition the court to appoint a successor guardian. A person 05 entitled under AS 13.29.160 to petition the court to appoint a conservator may petition 06 the court to appoint a successor conservator. 07 (c) A successor guardian or successor conservator appointed to serve when a 08 designated event occurs may act as guardian or conservator when 09 (1) the event occurs; and 10 (2) the successor complies with AS 13.29.425. 11 (d) A successor guardian or successor conservator has the predecessor's 12 powers unless otherwise provided by the court. 13 Sec. 13.29.445. Effect of death, removal, or resignation of guardian or 14 conservator. (a) Appointment of a guardian or conservator terminates on the death or 15 removal of the guardian or conservator or when the court approves a resignation of the 16 guardian or conservator under (b) of this section. 17 (b) A guardian or conservator must petition the court to resign. The petition 18 may include a request that the court appoint a successor. Resignation of a guardian or 19 conservator is effective on the date the resignation is approved by the court. 20 (c) Death, removal, or resignation of a guardian or conservator does not affect 21 liability for a previous act or the obligation to account for 22 (1) an action taken on behalf of the individual subject to guardianship 23 or conservatorship; or 24 (2) the individual's funds or other property. 25 Sec. 13.29.450. Notice of hearing generally. (a) Except as otherwise provided 26 in AS 13.29.015, 13.29.035, 13.29.070, 13.29.165, and 13.29.335, if notice of a 27 hearing under this chapter is required, the movant shall give notice of the date, time, 28 and place of the hearing to the person to be notified unless otherwise ordered by the 29 court for good cause. Except as otherwise provided in this chapter, notice must be 30 given in compliance with AS 13.06.110 - 13.06.120. 31 (b) Proof of notice of a hearing under this chapter must be made before or at
01 the hearing and filed in the proceeding. 02 (c) Notice of a hearing under this chapter must be in at least 16-point font, in 03 plain language, and, to the extent feasible, in a language in which the person to be 04 notified is proficient. 05 Sec. 13.29.455. Waiver of notice. (a) Except as otherwise provided in (b) of 06 this section, a person may waive notice under this chapter in a record signed by the 07 person or person's attorney and filed in the proceeding. 08 (b) A respondent, individual subject to guardianship, individual subject to 09 conservatorship, or individual subject to a protective arrangement under AS 13.29.315 10 - 13.29.368 may not waive notice under this chapter. 11 Sec. 13.29.460. Guardian ad litem. The court at any time may appoint a 12 guardian ad litem for an individual if the court determines the individual's interest 13 otherwise would not be adequately represented. If no conflict of interest exists, a 14 guardian ad litem may be appointed to represent multiple individuals or interests. The 15 guardian ad litem may not be the same individual as the attorney representing the 16 respondent. The court shall state the duties of the guardian ad litem and the reasons for 17 the appointment as a part of the record of the proceeding. 18 Sec. 13.29.465. Request for notice. (a) A person may file with the court a 19 request for notice under this chapter if the person is 20 (1) not otherwise entitled to notice; and 21 (2) interested in the welfare of a respondent, individual subject to 22 guardianship or conservatorship, or individual subject to a protective arrangement 23 under AS 13.29.315 - 13.29.368. 24 (b) A request under (a) of this section must include a statement showing the 25 interest of the person making the request and the address of the person or an attorney 26 for the person to whom notice is to be given. 27 (c) If the court approves a request under (a) of this section, the court shall give 28 notice of the approval to the guardian or conservator, if one has been appointed, or, if 29 no guardian or conservator has been appointed, to the respondent. 30 Sec. 13.29.470. Disclosure of bankruptcy or criminal history. (a) Before 31 accepting appointment as a guardian or conservator, a person shall disclose to the
01 court whether the person has been 02 (1) or is a debtor in a bankruptcy, insolvency, or receivership 03 proceeding; or 04 (2) convicted of 05 (A) a felony; 06 (B) a crime involving dishonesty, neglect, violence, or use of 07 physical force; or 08 (C) a crime relevant to the functions the person would assume 09 as guardian or conservator. 10 (b) A guardian or conservator that engages or anticipates engaging an agent 11 who the guardian or conservator knows has been convicted of a felony, a crime 12 involving dishonesty, neglect, violence, or use of physical force, or a crime relevant to 13 the functions the agent is being engaged to perform shall promptly disclose that 14 knowledge to the court. 15 (c) If a conservator engages or anticipates engaging an agent to manage the 16 finances of the individual subject to conservatorship and knows the agent is or has 17 been a debtor in a bankruptcy, insolvency, or receivership proceeding, the conservator 18 shall promptly disclose that knowledge to the court. 19 Sec. 13.29.475. Multiple nominations. If a respondent or other person makes 20 more than one nomination of a guardian or conservator, the latest in time governs. 21 Sec. 13.29.480. Compensation and expenses; in general. (a) Unless 22 otherwise compensated or reimbursed, an attorney for a respondent in a proceeding 23 under this chapter is entitled to reasonable compensation for services and 24 reimbursement of reasonable expenses from the property of the respondent. 25 (b) Unless otherwise compensated or reimbursed, an attorney or other person 26 whose services resulted in an order beneficial to an individual subject to guardianship 27 or conservatorship or for whom a protective arrangement under AS 13.29.315 - 28 13.29.368 was ordered is entitled to reasonable compensation for services and 29 reimbursement of reasonable expenses from the property of the individual. 30 (c) The court must approve compensation and expenses payable under this 31 section before payment. Approval is not required before a service is provided or an
01 expense is incurred. 02 (d) If the court dismisses a petition under this chapter and determines the 03 petition was filed in bad faith, the court may assess the cost of any court-ordered 04 professional evaluation or visitor against the petitioner. 05 Sec. 13.29.485. Compensation of guardian or conservator. (a) Subject to 06 court approval, a guardian is entitled to reasonable compensation for services as 07 guardian and to reimbursement for room, board, clothing, and other appropriate 08 expenses advanced for the benefit of the individual subject to guardianship. If a 09 conservator, other than the guardian or a person affiliated with the guardian, is 10 appointed for the individual, reasonable compensation and reimbursement to the 11 guardian may be approved and paid by the conservator without court approval. 12 (b) Subject to court approval, a conservator is entitled to reasonable 13 compensation for services and reimbursement for appropriate expenses from the 14 property of the individual subject to conservatorship. 15 (c) In determining reasonable compensation for a guardian or conservator, the 16 court, or a conservator in determining reasonable compensation for a guardian as 17 provided in (a) of this section, shall consider 18 (1) the necessity and quality of the services provided; 19 (2) the experience, training, professional standing, and skills of the 20 guardian or conservator; 21 (3) the difficulty of the services performed, including the degree of 22 skill and care required; 23 (4) the conditions and circumstances under which a service was 24 performed, including whether the service was provided outside regular business hours 25 or under dangerous or extraordinary conditions; 26 (5) the effect of the services on the individual subject to guardianship 27 or conservatorship; 28 (6) the extent to which the services provided were or were not 29 consistent with the guardian's plan under AS 13.29.135 or conservator's plan under 30 AS 13.29.245; and 31 (7) the fees customarily paid to a person that performs a similar service
01 in the community. 02 (d) A guardian or conservator does not need to use personal funds of the 03 guardian or conservator for the expenses of the individual subject to guardianship or 04 conservatorship. 05 (e) If an individual subject to guardianship or conservatorship seeks to modify 06 or terminate the guardianship or conservatorship or remove the guardian or 07 conservator, the court may order compensation to the guardian or conservator for time 08 spent opposing modification, termination, or removal only to the extent the court 09 determines the opposition was reasonably necessary to protect the interest of the 10 individual subject to guardianship or conservatorship. 11 Sec. 13.29.490. Liability of guardian or conservator for act of individual 12 subject to guardianship or conservatorship. A guardian or conservator is not 13 personally liable to another person solely because of the guardianship or 14 conservatorship for an act or omission of the individual subject to guardianship or 15 conservatorship. 16 Sec. 13.29.495. Petition after appointment of instruction or ratification. (a) 17 A guardian or conservator may petition the court for instruction concerning fiduciary 18 responsibility or ratification of a particular act related to the guardianship or 19 conservatorship. 20 (b) On notice and hearing on a petition under (a) of this section, the court may 21 give an instruction and issue an appropriate order. 22 Sec. 13.29.500. Third-party acceptance of authority of guardian or 23 conservator. (a) A person may not recognize the authority of a guardian or 24 conservator to act on behalf of an individual subject to guardianship or 25 conservatorship if 26 (1) the person has actual knowledge or a reasonable belief that the 27 letters of office of the guardian or conservator are invalid or the conservator or 28 guardian is exceeding or improperly exercising the authority granted by the court; or 29 (2) the person has actual knowledge that the individual subject to 30 guardianship or conservatorship is subject to physical or financial abuse, neglect, 31 exploitation, or abandonment by the guardian or conservator or a person acting for or
01 with the guardian or conservator. 02 (b) A person may refuse to recognize the authority of a guardian or 03 conservator to act on behalf of an individual subject to guardianship or 04 conservatorship if 05 (1) the guardian's or conservator's proposed action would be 06 inconsistent with this chapter; or 07 (2) the person makes, or has actual knowledge that another person has 08 made, a report to the Department of Administration, the Department of Family and 09 Community Services, or the Department of Health stating a good-faith belief that the 10 individual subject to guardianship or conservatorship is subject to physical or financial 11 abuse, neglect, exploitation, or abandonment by the guardian or conservator or a 12 person acting for or with the guardian or conservator. 13 (c) A person that refuses to accept the authority of a guardian or conservator in 14 accordance with (b) of this section may report the refusal and the reason for refusal to 15 the court. The court, on receiving the report, shall consider whether removal of the 16 guardian or conservator or other action is appropriate. 17 (d) A guardian or conservator may petition the court to require a third party to 18 accept a decision made by the guardian or conservator on behalf of the individual 19 subject to guardianship or conservatorship. 20 Sec. 13.29.505. Use of agent by guardian or conservator. (a) Except as 21 otherwise provided in (c) of this section, a guardian or conservator may delegate a 22 power to an agent that a prudent guardian or conservator of comparable skills could 23 delegate prudently under the circumstances if the delegation is consistent with the 24 fiduciary duties of the guardian or conservator and the guardian's plan under 25 AS 13.29.135 or conservator's plan under AS 13.29.245. 26 (b) In delegating a power under (a) of this section, the guardian or conservator 27 shall exercise reasonable care, skill, and caution in 28 (1) selecting the agent; 29 (2) establishing the scope and terms of the agent's work in accordance 30 with the guardian's plan under AS 13.29.135 or conservator's plan under 31 AS 13.29.245;
01 (3) monitoring the agent's performance and compliance with the 02 delegation; and 03 (4) redressing an act or omission of the agent which would constitute a 04 breach of the duties of the guardian or conservator if done by the guardian or 05 conservator. 06 (c) A guardian or conservator may not delegate all powers to an agent. 07 (d) In performing a power delegated under this section, an agent shall 08 (1) exercise reasonable care to comply with the terms of the delegation 09 and use reasonable care in the performance of the power; and 10 (2) if the guardian or conservator has delegated to the agent the power 11 to make a decision on behalf of the individual subject to guardianship or 12 conservatorship, use the same decision-making standard the guardian or conservator 13 would be required to use. 14 (e) By accepting a delegation of a power under (a) of this section from a 15 guardian or conservator, an agent submits to the personal jurisdiction of the courts of 16 this state in an action involving the agent's performance as agent. 17 (f) A guardian or conservator that delegates and monitors a power in 18 compliance with this section is not liable for the decision, act, or omission of the 19 agent. 20 (g) A guardian for an adult may not delegate a power to an agent under this 21 section for a period exceeding one year. 22 Sec. 13.29.510. Temporary substitute guardian or conservator. (a) The 23 court may appoint a temporary substitute guardian for an individual subject to 24 guardianship for a period not exceeding six months if 25 (1) a proceeding to remove a guardian for the individual is pending; or 26 (2) the court finds a guardian is not effectively performing the duties of 27 the guardian and the welfare of the individual requires immediate action. 28 (b) The court may appoint a temporary substitute conservator for an individual 29 subject to conservatorship for a period not exceeding six months if 30 (1) a proceeding to remove a conservator for the individual is pending; 31 or
01 (2) the court finds that a conservator for the individual is not 02 effectively performing the duties of the conservator and the welfare of the individual 03 or the conservatorship estate requires immediate action. 04 (c) Except as otherwise ordered by the court, a temporary substitute guardian 05 or temporary substitute conservator appointed under this section has the powers stated 06 in the order of appointment of the guardian or conservator. The authority of the 07 existing guardian or conservator is suspended for as long as the temporary substitute 08 guardian or conservator has authority. 09 (d) The court shall give notice of appointment of a temporary substitute 10 guardian or temporary substitute conservator, not later than five days after the 11 appointment, to 12 (1) the individual subject to guardianship or conservatorship; 13 (2) the affected guardian or conservator; and 14 (3) in the case of a minor, each parent of the minor and any person 15 currently having care or custody of the minor. 16 (e) The court may remove a temporary substitute guardian or temporary 17 substitute conservator at any time. The temporary substitute guardian or temporary 18 substitute conservator shall make any report the court requires. 19 Sec. 13.29.515. Grievance against guardian or conservator. (a) An 20 individual who is subject to guardianship or conservatorship, or person interested in 21 the welfare of an individual subject to guardianship or conservatorship, who 22 reasonably believes the guardian or conservator is breaching the guardian's or 23 conservator's fiduciary duty or otherwise acting in a manner inconsistent with this 24 chapter may file a grievance in a record with the court. 25 (b) Subject to (c) of this section, after receiving a grievance under (a) of this 26 section, the court 27 (1) shall review the grievance and, if necessary to determine the 28 appropriate response, court records related to the guardianship or conservatorship; 29 (2) shall schedule a hearing if the individual subject to guardianship or 30 conservatorship is an adult and the grievance supports a reasonable belief that 31 (A) removal of the guardian and appointment of a successor
01 may be appropriate under AS 13.29.145; 02 (B) termination or modification of the guardianship may be 03 appropriate under AS 13.29.150; 04 (C) removal of the conservator and appointment of a successor 05 may be appropriate under AS 13.29.300; or 06 (D) termination or modification of the conservatorship may be 07 appropriate under AS 13.29.305; and 08 (3) may take any action supported by the evidence, including 09 (A) ordering the guardian or conservator to provide to the court 10 any report, accounting, inventory, updated plan, or other information; 11 (B) appointing a guardian ad litem; 12 (C) appointing an attorney for the individual subject to 13 guardianship or conservatorship; or 14 (D) holding a hearing. 15 (c) The court may decline to act under (b) of this section if a similar grievance 16 was filed within the six months preceding the filing of the current grievance and the 17 court followed the procedures of (b) of this section in considering the earlier 18 grievance. 19 Sec. 13.29.520. Definitions. In this chapter, 20 (1) "adult" means an individual at least 18 years of age or an 21 emancipated individual under 18 years of age; 22 (2) "adult subject to conservatorship" means an adult for whom a 23 conservator has been appointed under this chapter; 24 (3) "adult subject to guardianship" means an adult for whom a 25 guardian has been appointed under this chapter; 26 (4) "claim" includes a claim against an individual or conservatorship 27 estate, whether arising in contract, tort, or otherwise; 28 (5) "conservator" means a person or persons appointed by a court to 29 make decisions with respect to the property or financial affairs of an individual subject 30 to conservatorship; 31 (6) "conservatorship estate" means property subject to conservatorship
01 under this chapter; 02 (7) "full conservatorship" means a conservatorship that grants the 03 conservator all powers available under this chapter; 04 (8) "full guardianship" means a guardianship that grants the guardian 05 all powers available under this chapter; 06 (9) "guardian" means a person or persons appointed by the court to 07 make decisions with respect to the personal affairs of an individual; 08 (10) "guardian ad litem" means a person appointed to inform the court 09 about, and to represent, the needs and best interest of an individual; 10 (11) "individual subject to conservatorship" means an adult or minor 11 for whom a conservator has been appointed under this chapter; 12 (12) "individual subject to guardianship" means an adult or minor for 13 whom a guardian has been appointed under this chapter; 14 (13) "less restrictive alternative" means an approach to meeting an 15 individual's needs that restricts fewer rights of the individual than the appointment of a 16 guardian or conservator would; "less restrictive alternative" includes supported 17 decision-making, appropriate technological assistance, appointment of a representative 18 payee, and appointment of an agent by the individual, including appointment under a 19 durable power of attorney for health care under AS 13.52 or power of attorney under 20 AS 13.26; 21 (14) "letters of office" means a record issued by a court certifying a 22 guardian's or conservator's authority to act; 23 (15) "limited conservatorship" means a conservatorship that grants the 24 conservator fewer powers than available under this chapter, grants powers over only 25 certain property, or otherwise restricts the powers of the conservator; 26 (16) "limited guardianship" means a guardianship that grants the 27 guardian fewer powers than available under this chapter or otherwise restricts the 28 powers of the guardian; 29 (17) "minor" means an unemancipated individual under 18 years of 30 age; 31 (18) "minor subject to conservatorship" means a minor for whom a
01 conservator has been appointed under this chapter; 02 (19) "minor subject to guardianship" means a minor for whom a 03 guardian has been appointed under this chapter; 04 (20) "parent" does not include an individual whose parental rights have 05 been terminated; 06 (21) "property" includes tangible and intangible property; 07 (22) "protective arrangement instead of conservatorship" means a court 08 order entered under AS 13.29.325; 09 (23) "protective arrangement instead of guardianship" means a court 10 order entered under AS 13.29.320; 11 (24) "protective arrangement under AS 13.29.315 - 13.29.368" means 12 a court order entered under AS 13.29.320 or 13.29.325; 13 (25) "record" means, when used as a noun, information that is 14 inscribed on a tangible medium or that is stored in an electronic or other medium and 15 is retrievable in perceivable form; 16 (26) "respondent" means an individual for whom appointment of a 17 guardian or conservator or a protective arrangement instead of guardianship or 18 conservatorship is sought; 19 (27) "standby guardian" means a person appointed by the court under 20 AS 13.29.035; 21 (28) "state" means a state of the United States, the District of 22 Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular 23 possession subject to the jurisdiction of the United States; "state" includes a federally 24 recognized Indian tribe; 25 (29) "supported decision-making" means assistance from one or more 26 persons of an individual's choosing in understanding the nature and consequences of 27 potential personal and financial decisions, which enables the individual to make the 28 decisions, and in communicating a decision once made if consistent with the 29 individual's wishes. 30 Sec. 13.29.525. Short title. This chapter may be cited as the Uniform 31 Guardianship, Conservatorship and Other Protective Arrangements Act.
01 * Sec. 87. AS 13.36.280(b) is amended to read: 02 (b) AS 13.36.225 - 13.36.290 govern only decisions or actions of personal 03 representatives under AS 13.16.350(a) [OR OF CONSERVATORS UNDER 04 AS 13.26.500 THAT OCCUR] on or after May 23, 1998. 05 * Sec. 88. AS 13.38.980(12) is amended to read: 06 (12) "sui juris beneficiary" includes 07 (A) a court-appointed guardian of a [AN INCAPACITATED] 08 beneficiary subject to guardianship; 09 (B) an agent for an incompetent beneficiary; and 10 (C) a court-appointed guardian of a minor beneficiary's estate; 11 * Sec. 89. AS 13.52.140 is amended to read: 12 Sec. 13.52.140. Judicial relief. On petition of a patient, the patient's agent, 13 guardian, or surrogate, or a health care provider or institution involved with the 14 patient's care, the superior court may enjoin or direct a health care decision or order 15 other equitable relief. A proceeding under this section is governed by AS 13.29 16 [AS 13.26.201 - 13.26.580]. 17 * Sec. 90. AS 13.52.020(c) is amended to read: 18 (c) In the case of mental illness, an advance health care directive may be 19 revoked in whole or in part at any time by the principal if the principal does not lack 20 capacity and is competent. A revocation is effective when a competent principal with 21 capacity communicates the revocation to a physician or other health care provider. The 22 physician or other health care provider shall note the revocation on the principal's 23 medical record. In the case of mental illness, the authority of a named agent and an 24 alternative agent named in the advance health care directive continues in effect as long 25 as the advance health care directive appointing the agent is in effect or until the agent 26 has withdrawn. For the purposes of this subsection, a principal is not considered 27 competent when 28 (1) it is the opinion of the court in a guardianship proceeding under 29 AS 13.29 [AS 13.26], the opinion of two physicians, at least one of whom is a 30 psychiatrist, or the opinion of a physician and a professional mental health clinician, 31 that the principal is not competent; or
01 (2) a court in a hearing under AS 47.30.735, 47.30.750, or 47.30.770 02 determines that the principal is gravely disabled; in this paragraph, "gravely disabled" 03 has the meaning given in AS 47.30.915 [AS 47.30.915(9)(B)]. 04 * Sec. 91. AS 13.56.190(4) is amended to read: 05 (4) "conservator" means a person appointed a conservator under 06 AS 13.29.155 - 13.29.310 [AS 13.26.401 - 13.26.595] or a similar law of another 07 state; 08 * Sec. 92. AS 13.56.190(7) is amended to read: 09 (7) "guardian" means a person appointed a guardian under 10 AS 13.29.060 - 13.29.150 [AS 13.26.201 - 13.26.316] or a similar law of another 11 state; 12 * Sec. 93. AS 13.63.110 is amended to read: 13 Sec. 13.63.110. Disclosure of digital assets to conservator of individual 14 subject to conservatorship [PROTECTED PERSON]. (a) After an opportunity for 15 a hearing under AS 13.29.155 - 13.29.310 [AS 13.26.401 - 13.26.595], the superior 16 court may grant a conservator access to the digital assets of an individual subject to 17 conservatorship [A PROTECTED PERSON EXCEPT THAT, IF THE 18 CONSERVATOR IS A GUARDIAN WITH THE POWERS AND DUTIES OF A 19 CONSERVATOR UNDER AS 13.26.316(c), THE SUPERIOR COURT MAY 20 GRANT THE CONSERVATOR ACCESS TO THE DIGITAL ASSETS OF A 21 PROTECTED PERSON AFTER AN OPPORTUNITY FOR A HEARING UNDER 22 AS 13.26.201 - 13.26.316]. 23 (b) Unless otherwise ordered by the superior court or directed by the user, a 24 custodian shall disclose to a conservator the catalog of electronic communications sent 25 or received by an individual subject to conservatorship [A PROTECTED 26 PERSON] and any digital assets, other than the content of electronic communications, 27 in which the individual subject to conservatorship [PROTECTED PERSON] has a 28 right or interest if the conservator gives the custodian 29 (1) a written request for disclosure in physical or electronic form; 30 (2) a certified copy of the superior court order that gives the 31 conservator authority over the digital assets of the individual subject to
01 conservatorship [PROTECTED PERSON]; and 02 (3) if requested by the custodian, 03 (A) a number, username, address, or other unique subscriber or 04 account identifier assigned by the custodian to identify the account of the 05 individual subject to conservatorship [PROTECTED PERSON]; or 06 (B) evidence linking the account to the individual subject to 07 conservatorship [PROTECTED PERSON]. 08 (c) A conservator with general authority to manage the assets of an individual 09 subject to conservatorship [A PROTECTED PERSON] may request a custodian of 10 the digital assets of the individual subject to conservatorship [PROTECTED 11 PERSON] to suspend or terminate an account of the individual subject to 12 conservatorship [PROTECTED PERSON] for good cause. A request made under this 13 subsection must be accompanied by a certified copy of the superior court order giving 14 the conservator authority over the [PROTECTED PERSON'S] property of the 15 individual subject to conservatorship. 16 * Sec. 94. AS 13.63.120(c) is amended to read: 17 (c) A fiduciary with authority over the property of a decedent, individual 18 subject to conservatorship [PROTECTED PERSON], principal, or settlor has the 19 right to access any digital asset in which the decedent, individual subject to 20 conservatorship [PROTECTED PERSON], principal, or settlor had a right or interest 21 and that is not held by a custodian or subject to a terms-of-service agreement. 22 * Sec. 95. AS 13.63.120(d) is amended to read: 23 (d) A fiduciary acting within the scope of the fiduciary's duties is an 24 authorized user of the property of the decedent, individual subject to 25 conservatorship [PROTECTED PERSON], principal, or settlor for the purpose of 26 applicable computer-fraud and unauthorized-computer-access laws, including 27 AS 11.46.200, 11.46.484(a)(3), and 11.46.740. 28 * Sec. 96. AS 13.63.120(e) is amended to read: 29 (e) A fiduciary with authority over the tangible personal property of a 30 decedent, individual subject to conservatorship [PROTECTED PERSON], 31 principal, or settlor
01 (1) has the right to access the property and any digital asset stored in it; 02 and 03 (2) is an authorized user for the purpose of computer-fraud and 04 unauthorized-computer-access laws, including AS 11.46.200, 11.46.484(a)(3), and 05 11.46.740. 06 * Sec. 97. AS 13.63.130(e) is amended to read: 07 (e) This chapter does not limit a custodian's ability to obtain or to require a 08 fiduciary or designated recipient requesting disclosure or termination under this 09 chapter to obtain a superior court order that 10 (1) specifies that an account belongs to the individual subject to 11 conservatorship [PROTECTED PERSON] or principal; 12 (2) specifies that there is sufficient consent from the individual 13 subject to conservatorship [PROTECTED PERSON] or principal to support the 14 requested disclosure; and 15 (3) contains a finding required by law other than this chapter. 16 * Sec. 98. AS 13.70.030(b) is amended to read: 17 (b) With court approval, a fiduciary may disclaim, in whole or part, any 18 interest in or power over property, including a power of appointment. Without court 19 approval, a fiduciary may not disclaim, in whole or in part, any interest in or power 20 over property, including a power of appointment, except that 21 (1) a fiduciary may disclaim, in whole or in part, any interest in or 22 power over property, including a power of appointment, if and to the extent that the 23 instrument creating the fiduciary relationship grants the fiduciary the right to disclaim; 24 (2) in the absence of a court-appointed guardian, notwithstanding a 25 provision in AS 13.26 or AS 13.29 to the contrary, an individual having legal custody 26 of a minor child may disclaim on behalf of the minor child, in whole or in part, any 27 interest in or power over property, including a power of appointment, that the minor 28 child is to receive solely as a result of another disclaimer, but only if the interest or 29 power disclaimed by the individual having legal custody does not pass, as a result of 30 the disclaimer, to or for the benefit of the individual having legal custody. 31 * Sec. 99. AS 13.90.010(d)(3) is amended to read:
01 (3) "fiduciary" includes guardians and conservators under AS 13.29 02 [AS 13.26], persons performing the trustee activities described under AS 06.05.180 03 whether or not the persons are covered by AS 06.05.180, and other persons acting in a 04 fiduciary capacity; 05 * Sec. 100. AS 18.65.540(a) is amended to read: 06 (a) The Department of Public Safety shall maintain a central registry of 07 protective orders issued by or filed with a court of this state under AS 13.29.320 and 08 13.29.325 [AS 13.26.450 - 13.26.460], AS 18.65.850 - 18.65.870, or AS 18.66.100 - 09 18.66.180. The registry must include, for each protective order, the names of the 10 petitioner and respondent, their dates of birth, and the conditions and duration of the 11 order. The registry shall retain a record of the protective order after it has expired. 12 * Sec. 101. AS 18.65.540(b) is amended to read: 13 (b) A peace officer receiving a protective order from a court under 14 AS 13.29.320 and 13.29.325 [AS 13.26.450, 13.26.455], AS 18.65.850 - 18.65.855, or 15 AS 18.66.100 - 18.66.180, a modified order issued under [AS 13.26.460,] 16 AS 18.65.860 [,] or AS 18.66.120, or an order dismissing a protective order shall take 17 reasonable steps to ensure that the order, modified order, or dismissal is entered into 18 the central registry within 24 hours after being received. 19 * Sec. 102. AS 25.23.040(b) is amended to read: 20 (b) A petition to adopt an adult may be granted only if written consent to 21 adoption has been executed by the adult and the adult's spouse or by the guardian or 22 conservator of an [INCAPACITATED] adult. 23 * Sec. 103. AS 25.23.200 is amended to read: 24 Sec. 25.23.200. Investigation of home for subsidized hard-to-place child. 25 Persons who are caring for a hard-to-place child on a foster parent basis and who have 26 applied to adopt the hard-to-place child and to receive payments for the care and 27 support of the hard-to-place child shall be evaluated as to their suitability as adoptive 28 parents by means of an adoptive home study. Persons who are caring for a hard-to- 29 place child in the state's custody and who wish to be appointed legal guardians of the 30 child under AS 13.29.005 [AS 13.26.132], and to receive payments for the care and 31 support of the child, shall be evaluated as to their suitability as guardians by means of
01 a guardianship study. A home study or guardianship study shall be made by the 02 commissioner's adoption staff or on the commissioner's behalf by an authorized 03 agency or individual that provides adoption services. 04 * Sec. 104. AS 34.25.050(a) is amended to read: 05 (a) A sale of real property heretofore or hereafter made by an executor, 06 administrator, or guardian is sufficient to sustain an executor's, administrator's, or 07 guardian's deed to the purchaser for the real property when 08 (1) made of the decedent's or individual subject to guardianship or 09 conservatorship's [, WARD'S, OR INCOMPETENT PERSON'S] real property in 10 the state to a purchaser for a valuable consideration; 11 (2) the consideration is paid by the purchaser to the executor, 12 administrator, or guardian, or the successor of the executor, administrator, or guardian, 13 in good faith; and 14 (3) the sale is not set aside by the court, but is confirmed or acquiesced 15 in by the court. 16 * Sec. 105. AS 34.25.050(c) is amended to read: 17 (c) The deed is sufficient to convey to the purchaser all the title that the 18 decedent or individual subject to guardianship or conservatorship [, WARD, OR 19 INCOMPETENT] had in the real property. 20 * Sec. 106. 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 13.29.460 [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 GUARDIANSHIP 31 PROCEEDINGS TO RESPONDENTS WHO ARE FINANCIALLY UNABLE TO
01 EMPLOY ATTORNEYS UNDER AS 13.26.226(b)], to indigent parties in cases 02 involving child custody in which the opposing party is represented by counsel 03 provided by a public agency, and to indigent parents or guardians of a minor 04 respondent in a commitment proceeding concerning the minor under AS 47.30.775; 05 (4) provide legal representation and guardian ad litem services under 06 AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in 07 cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the 08 termination of parental rights under AS 25.23.180(c)(2); in cases involving petitions to 09 remove the disabilities of a minor under AS 09.55.590; in children's proceedings under 10 AS 47.10.050(a) or under AS 47.12.090; in cases involving appointments under 11 AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases 12 involving indigent persons who are entitled to representation under AS 18.85.100 and 13 who cannot be represented by the public defender agency because of a conflict of 14 interests; 15 (5) develop and coordinate a program to recruit, select, train, assign, 16 and supervise volunteer guardians ad litem from local communities to aid in delivering 17 services in cases in which the office of public advocacy is appointed as guardian ad 18 litem; 19 (6) Provide guardian ad litem services in proceedings under 20 AS 12.45.046 or AS 18.15.355 - 18.15.395; 21 (7) establish a fee schedule and collect fees for services provided by 22 the office, except as provided in AS 18.85.120 or when imposition or collection of a 23 fee is not in the public interest as defined under regulations adopted by the 24 commissioner of administration; 25 (8) provide guardians ad litem in proceedings under AS 47.30.839; 26 (9) provide legal representation to an indigent parent of a child with a 27 disability; in this paragraph, "child with a disability" has the meaning given in 28 AS 14.30.350; 29 (10) investigate complaints and bring civil actions under 30 AS 44.21.415(a) involving fraud committed against residents of the state who are 60 31 years of age or older; in this paragraph, "fraud" has the meaning given in
01 AS 44.21.415. 02 * Sec. 107. AS 44.21.440(b) is amended to read: 03 (b) The office of public advocacy may not use improper pressure to influence 04 the professional judgment of a person who is paid by the office of public advocacy to 05 act as an attorney or a guardian ad litem for a guardianship or conservatorship 06 established under AS 13.29 [AS 13.26]. 07 * Sec. 108. AS 44.41.025(d) is amended to read: 08 (d) Each of the following may submit a complete set of fingerprints of the 09 person designated for inclusion in the Alaska automated fingerprint system: 10 (1) a person may submit the person's own fingerprints; 11 (2) the parent or guardian of a minor who is two years of age or older 12 may submit the minor's fingerprints; and 13 (3) the guardian or conservator of a person under AS 13.29 [AS 13.26] 14 may submit the fingerprints of the person protected by the guardian or conservator. 15 * Sec. 109. AS 45.48.220 is amended to read: 16 Sec. 45.48.220. Request by parent or legal guardian. A parent, legal 17 guardian, or conservator of a minor or individual subject to guardianship or 18 conservatorship [, INCAPACITATED PERSON, OR PROTECTED PERSON] may 19 make a request under AS 45.48.100 - 45.48.290 on behalf of a consumer who is the 20 minor or individual subject to guardianship or conservatorship [, 21 INCAPACITATED PERSON, OR PROTECTED PERSON] under the supervision of 22 that parent, legal guardian, or conservator. If a consumer credit report does not exist at 23 the time of a request under this section, the consumer credit reporting agency shall 24 generate a consumer credit report for the purpose of placing a security freeze. In this 25 section, 26 (1) "conservator" means a person appointed or qualified by a court to 27 manage the property of an individual or a person legally authorized to perform 28 substantially the same functions, including under AS 13.29.155 - 13.29.310; 29 (2) "individual subject to conservatorship" means an individual 30 for whom a protective order has been issued ["INCAPACITATED PERSON" HAS 31 THE MEANING GIVEN IN AS 47.24.900];
01 (3) "individual subject to guardianship" means an individual for 02 whom a guardian has been appointed; 03 (4) "minor" means a child under 18 years of age who has not had the 04 disabilities of a minor removed as described in AS 09.55.590 [; 05 (4) "PROTECTED PERSON" HAS THE MEANING GIVEN IN 06 AS 13.27.490]. 07 * Sec. 110. AS 47.10.111(a) is amended to read: 08 (a) Except as provided under AS 13.29.415(e)(2) [AS 13.26.137(b)(2)] and 09 AS 25.23.030(d)(2), if a person seeks adoption or appointment as legal guardian of a 10 child in state custody under this chapter, the court shall hear the adoption or 11 guardianship proceedings as part of the child-in-need-of-aid proceedings relating to 12 the child. A person may initiate proceedings for the adoption or legal guardianship of a 13 child in state custody under this chapter by filing with the court a petition 14 (1) for adoption that meets the requirements of AS 25.23.080; or 15 (2) to be appointed legal guardian that meets the requirements of 16 AS 13.29.005 - 13.29.055 [AS 13.26.147]. 17 * Sec. 111. AS 47.10.111(f) is amended to read: 18 (f) Except as provided in this section, the requirements of AS 25.23 apply to a 19 petition for adoption filed under this section, and the requirements of AS 13.29.005 - 20 13.29.055 [AS 13.26.101 - 13.26.186] apply to a petition for legal guardianship filed 21 under this section. 22 * Sec. 112. AS 47.10.112(b) is amended to read: 23 (b) A proxy filed under this section does not initiate proceedings for adoption 24 or legal guardianship. A person seeking to adopt a child in state custody must file a 25 petition for adoption as required under AS 25.23. A person seeking to be appointed 26 legal guardian of a child in state custody must file a petition for appointment as 27 required under AS 13.29.005 - 13.29.055 [AS 13.26.101 - 13.26.186]. 28 * Sec. 113. AS 47.24.015(c) is amended to read: 29 (c) The department or its designee shall immediately terminate an 30 investigation under this section upon the request of the vulnerable adult who is the 31 subject of the report made under AS 47.24.010. However, the department or its
01 designee may not terminate the investigation if the investigation to that point has 02 resulted in probable cause to believe that the vulnerable adult is in need of protective 03 services and the request is made personally by the vulnerable adult and the vulnerable 04 adult is not competent to make the request on the adult's own behalf, or the request is 05 made by the vulnerable adult's guardian, attorney-in-fact, or surrogate decision maker 06 and that person is the alleged perpetrator of the undue influence, abandonment, 07 exploitation, abuse, or neglect of the vulnerable adult and is being investigated under 08 this chapter. If the department has probable cause to believe that the vulnerable adult 09 is in need of protective services, 10 (1) the department may petition the court as set out in AS 47.24.019; 11 (2) the department or its designee may refer the report made to the 12 department under AS 47.24.010 to a police officer for criminal investigation; or 13 (3) in cases involving fraud, the department or its designee may refer 14 the report made to the department under AS 47.24.010 to the office of public advocacy 15 for investigation; in this paragraph, "fraud" means 16 (A) robbery, extortion, and coercion under AS 11.41.500 - 17 11.41.530; 18 (B) offenses against property under AS 11.46.100 - 19 11.46.740; or 20 (C) exploitation of another person or another person's 21 resources for personal profit or advantage if no significant benefit accrues 22 to the person who is exploited [HAS THE MEANING GIVEN IN 23 AS 13.26.595]. 24 * Sec. 114. AS 47.24.019(a) is amended to read: 25 (a) If, after investigation under AS 47.24.015, the department has reasonable 26 cause to believe that a vulnerable adult is in need of protective services and is an 27 incapacitated person, the department may petition the court under AS 13.29 28 [AS 13.26] for appointment of a guardian or temporary guardian, or for a change of 29 guardian, for the vulnerable adult for the purpose of deciding whether to consent to the 30 receipt of protective services for the vulnerable adult. 31 * Sec. 115. AS 47.24.900(8) is amended to read:
01 (8) "exploitation" 02 (A) means unjust or improper use of another person or another 03 person's resources for one's own profit or advantage, with or without the 04 person's consent; and 05 (B) includes acts by a person who stands in a position of trust 06 or confidence with a vulnerable adult or who knows or should know that the 07 vulnerable adult lacks the capacity to consent that involve obtaining profit or 08 advantage through undue influence, deception, fraud, intimidation, or breach of 09 fiduciary duty; in this subparagraph, "fraud" means 10 (i) robbery, extortion, and coercion under 11 AS 11.41.500 - 11.41.530; or 12 (ii) offenses against property under AS 11.46.100 - 13 11.46.740 [HAS THE MEANING GIVEN IN AS 13.26.595(1) AND 14 (2)]; 15 * Sec. 116. AS 47.24.900(15) is amended to read: 16 (15) "protective services" means services that are intended to prevent 17 or alleviate harm resulting from undue influence, abandonment, exploitation, abuse, 18 neglect, or self-neglect and that are provided to a vulnerable adult in need of 19 protection; in this paragraph, "services" includes 20 (A) protective placement; 21 (B) applying for or obtaining public benefits; 22 (C) obtaining health care services and supplies; 23 (D) staying financial transactions; 24 (E) petitioning for a protective arrangement [ORDER] under 25 AS 13.29.320 and 13.29.325 [AS 13.26.401 - 13.26.460]; 26 (F) assisting with personal hygiene; 27 (G) obtaining food and clothing; 28 (H) protection from physical and emotional abuse; 29 (I) obtaining representative payee services; and 30 (J) coordinating protective services; 31 * Sec. 117. AS 47.30.835(b) is amended to read:
01 (b) Court-ordered evaluation or treatment under AS 47.30.660 - 47.30.915 is 02 not a determination that an individual requires a guardianship, conservatorship, 03 or a protective arrangement instead of guardianship or conservatorship under 04 AS 13.29 [OF LEGAL INCAPACITY UNDER AS 13.26.005 - 13.26.580]. 05 * Sec. 118. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 DIRECT COURT RULE AMENDMENT. Rule 12(e), Alaska Rules of 08 Administration, is amended to read: 09 (e) Other Appointments at Public Expense. 10 (1) Constitutionally Required Appointments. If the court determines 11 that counsel, or a guardian ad litem, or other representative should be appointed for an 12 indigent person, and further determines that the appointment is not authorized by 13 AS 18.85.100 (a) or AS 44.21.410, but in the opinion of the court is required by law or 14 rule, the court shall appoint an attorney who is a member of the Alaska Bar 15 Association to provide the required services. Other persons may be appointed to 16 provide required services to the extent permissible by law. 17 (A) Appointments may be made in the following types of cases 18 without prior approval of the administrative director, but only in cases in which 19 the required services would not otherwise be provided by a public agency: 20 (i) Attorneys for biological parents in adoption cases to 21 the extent required by the Indian Child Welfare Act (25 USC 1901 et 22 seq.), 23 (ii) [ATTORNEYS FOR MINOR CHILDREN AND 24 INDIGENT PARENTS OR CUSTODIANS OF MINOR CHILDREN 25 IN MINOR GUARDIANSHIP CASES BROUGHT PURSUANT TO 26 AS 13.26.147(d), 27 (iii)] Attorneys for respondents in protective 28 proceedings brought pursuant to AS 13.29 [AS 13.26] in which 29 appointment of the office of public advocacy is not mandated by 30 statute, 31 (iii) [(iv)] Attorneys for minor children or incompetents
01 who are heirs or devisees of estates in cases in which the attorneys' fees 02 cannot be paid as a cost of administration from the proceeds of the 03 estate, 04 (iv) [(v)] Attorneys for indigent putative fathers in 05 actions to establish paternity in which the state of Alaska provides 06 representation for mothers, 07 (v) [(vi)] Attorneys to represent indigent respondents in 08 involuntary alcohol commitments brought pursuant to AS 47.37, 09 (vi) [(vii)] Attorneys for indigent parents who are 10 defending against a claim that their consent to adoption is not required 11 under AS 25.23.050 (a). 12 (B) In all other cases, the court shall inform the administrative 13 director of the specific reasons why an appointment is required prior to making 14 the appointment. 15 (2) Servicemembers Civil Relief Act. When the opposing party is 16 financially unable to pay for such representation, the court shall appoint a member of 17 the Alaska Bar Association to represent an absent service person pursuant to the 18 Servicemembers Civil Relief Act (50 App. U.S.C. § 521). Prior approval of the 19 administrative director is not required. 20 (3) List of Private Attorneys. 21 (A) The presiding judge shall designate the area court 22 administrator and a clerk of court for each court location in the district to keep 23 and make available to the court in each location lists of attorneys or other 24 persons eligible to receive court appointments under paragraph (e) of this rule. 25 (B) The attorney lists will first be compiled from names of 26 persons who have volunteered to accept these appointments. If there are 27 insufficient volunteers, the court will make appointments on a rotation basis 28 from lists of eligible attorneys obtained from the Alaska Bar Association. The 29 court may, in departing from a strict rotation basis, take into account the 30 complexity of the case and the level of experience required by counsel. 31 (C) Lists of other persons available to provide required services
01 will be compiled from names of qualified persons who have indicated their 02 willingness to provide the required services. 03 (4) Appointment Orders. When the court appoints an attorney or other 04 person under paragraph (e) of this rule, the clerk of the court from which the 05 appointment was made shall immediately send a copy of the appointment order to the 06 administrative director. 07 (5) Compensation. 08 (A) All claims for compensation must be submitted monthly or 09 at least quarterly on forms provided by the court. The final claim for 10 compensation must be submitted within 30 days following the disposition of a 11 case. All claims must be submitted to Fiscal Operations, Alaska Court System, 12 820 West 4th Avenue, Anchorage, AK, 99501. The administrative director 13 shall approve or disapprove the claim. 14 (B) Attorneys will be compensated at the rate of $130.00 per 15 hour; provided, that total compensation for any case will not exceed $1,500.00 16 without prior approval of the administrative director. An attorney who is 17 appointed to serve as a guardian ad litem will be compensated at the attorney 18 rate. 19 (C) A person other than an attorney who is appointed to 20 provide services will receive compensation as described below. 21 (i) A person appointed as a court visitor or guardian ad 22 litem will be compensated at the rate that the Office of Public 23 Advocacy would pay under contract for the same services; and 24 (ii) A person appointed to provide other required 25 services will be compensated at a rate not to exceed $ 25.00 per hour. 26 The total compensation for any case covered by this subparagraph will not 27 exceed $300.00 without prior approval of the administrative director. 28 (D) The costs of necessary interpreter services will be 29 reimbursed at the rate that the court system would pay under Administrative 30 Bulletin 82 for the same quality services. 31 (E) Extraordinary expenses will be reimbursed only if prior
01 authority has been obtained from the administrative director, upon 02 recommendation by the assigned trial judge. Extraordinary expenses exceeding 03 $ 2,500.00 may be authorized only in extremely complex cases. In this 04 paragraph, "extraordinary expenses" are limited to expenses for: 05 (i) Investigation; 06 (ii) Expert witnesses; and 07 (iii) Necessary travel and per diem, which expenses 08 may not exceed the rate authorized for state employees. 09 (F) If necessary to prevent manifest injustice, the 10 administrative director may authorize payment of compensation or expenses in 11 excess of the amounts allowed under this rule. 12 (6) Recovery of Costs. When counsel is appointed for a person in a 13 case described in subparagraph 12(e)(1), the court shall order the person, or if the 14 person is a child, the person's parents, guardian or custodian, to pay the costs incurred 15 by the court in providing representation. Before appointing counsel, the court shall 16 advise the person that the person will be ordered to repay the state for the cost of 17 appointed counsel and shall advise the person of the maximum amount that the person 18 will be required to repay. The court shall order the person to apply for permanent fund 19 dividends every year in which the person qualifies for a dividend until the cost is paid 20 in full. The clerk shall determine the cost of representation, and shall mail to the 21 person's address of record a notice informing the person that judgment will be entered 22 against the person for the actual cost of representation or for $ 500, whichever is less. 23 The person may oppose entry of the judgment by filing a written opposition within 10 24 days after the date shown in the clerk's certificate of distribution on the notice. The 25 opposition shall specifically set out the grounds for opposing entry of judgment. The 26 clerk shall enter judgment against the person for the amount shown in the notice if the 27 person does not oppose entry of the judgment within the 10 days. If the person files a 28 timely opposition, the court may set the matter for a hearing and shall have authority 29 to enter the judgment. Criminal Rule 39(c)(1) and (c)(2) shall apply to judgments 30 entered under this section. 31 * Sec. 119. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 REPEAL OF COURT RULE. Rule 9(b)(2)(G)(ii), Alaska Rules of Administration, is 03 repealed. 04 * Sec. 120. AS 08.26.190(9), 08.26.190(10); AS 13.06.050(44), 13.06.050(45), 05 13.06.050(61); AS 13.26.005(2), 13.26.005(6), 13.26.005(9), 13.26.005(13), 13.26.010, 06 13.26.021, 13.26.031, 13.26.041, 13.26.051, 13.26.066(j)(4), 13.26.101, 13.26.121, 07 13.26.126, 13.26.132, 13.26.137, 13.26.143, 13.26.147, 13.26.162, 13.26.167, 13.26.171, 08 13.26.181, 13.26.186, 13.26.201, 13.26.211, 13.26.216, 13.26.221, 13.26.226, 13.26.231, 09 13.26.236, 13.26.241, 13.26.246, 13.26.251, 13.26.261, 13.26.266, 13.26.271, 13.26.276, 10 13.26.281, 13.26.286, 13.26.291, 13.26.296, 13.26.301(a), 13.26.301(b), 13.26.301(c), 11 13.26.301(d), 13.26.301(e), 13.26.306, 13.26.311, 13.26.316, 13.26.401, 13.26.406, 12 13.26.411, 13.26.415, 13.26.420, 13.26.425, 13.26.430, 13.26.435, 13.26.440, 13.26.445, 13 13.26.450, 13.26.455, 13.26.460, 13.26.465, 13.26.470, 13.26.475, 13.26.480, 13.26.485, 14 13.26.490, 13.26.495, 13.26.500, 13.26.505, 13.26.510, 13.26.515, 13.26.520, 13.26.525, 15 13.26.530, 13.26.535, 13.26.540, 13.26.545(a), 13.26.545(b), 13.26.545(c), 13.26.545(d), 16 13.26.550, 13.26.555, 13.26.560, 13.26.565, 13.26.570, 13.26.580, 13.26.595; 17 AS 13.27.490(6), 13.27.490(9); AS 13.52.040; and AS 13.63.190(19) are repealed. 18 * Sec. 121. The uncodified law of the State of Alaska is amended by adding a new section 19 to read: 20 INDIRECT COURT RULE AMENDMENT. The provisions of this Act have the 21 effect of changing the Alaska Rules of Probate Procedure. 22 * Sec. 122. The uncodified law of the State of Alaska is amended by adding a new section 23 to read: 24 INDIRECT COURT RULE AMENDMENT. AS 13.29.090(c), 13.29.190(c), and 25 13.29.355(c), enacted by sec. 86 of this Act, have the effect of changing Rules 6 and 6.1, 26 Alaska Rules of Administration, by requiring a court to make reasonable efforts to provide, if 27 not otherwise available, assistive technology, or an interpreter or translator, or a combination 28 of those supports to a respondent in certain hearings. 29 * Sec. 123. The uncodified law of the State of Alaska is amended by adding a new section 30 to read: 31 INDIRECT COURT RULE AMENDMENT. AS 13.29.095(b), 13.29.195(b), and
01 13.29.365(b), enacted by sec. 86 of this Act, have the effect of changing Rule 37.7(a), Alaska 02 Rules of Administration, by changing the requirements for accessing nonpublic information in 03 guardianship and conservatorship proceedings. 04 * Sec. 124. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 INDIRECT COURT RULE AMENDMENT. AS 13.29.040(d), 13.29.115(d)(2), and 07 13.29.215(e), enacted by sec. 86 of this Act, have the effect of changing Rule 77(c), Alaska 08 Rules of Civil Procedure, by requiring a hearing within five days of the appointment of an 09 emergency guardian or conservator. 10 * Sec. 125. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 APPLICABILITY. (a) This Act applies to a proceeding for appointment of a guardian 13 or conservator or for a protective arrangement instead of guardianship or conservatorship 14 commenced on or after the effective date of this Act. 15 (b) AS 13.29.030(b) and 13.29.100(a), enacted by sec. 86 of this Act, apply to 16 appointments of guardians by will made on or after the effective date of this Act. 17 (c) AS 11.56.740(a), as amended by sec. 20 of this Act, and AS 11.56.740(c), as 18 amended by sec. 21 of this Act, apply to offenses committed on or after the effective date of 19 this Act. 20 * Sec. 126. The uncodified law of the State of Alaska is amended by adding a new section 21 to read: 22 CONDITIONAL EFFECT. This Act takes effect only if secs. 118, 119, 121, 122, 123, 23 and 124 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 24 15, Constitution of the State of Alaska.