00                HOUSE CS FOR CS FOR SENATE BILL NO. 101(JUD)                                                             
01 "An Act relating to private professional conservators, private and public guardians, and                                
02 court hearings on the issue of incapacity; and establishing uniform adult guardianship                                  
03 and conservator jurisdiction and procedures."                                                                           
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 08.26.010 is amended to read:                                                                      
06            Sec. 08.26.010. License required. Except as provided by (b) of this section                            
07       or AS 08.26.180, a person may not engage in the business of providing services as a                           
08       private professional guardian or [A] conservator unless the person has a license                              
09       issued under this chapter.                                                                                        
10    * Sec. 2. AS 08.26.010 is amended by adding a new subsection to read:                                              
11            (b)  An individual may be appointed and provide services as a private                                        
12       professional guardian or conservator without a license issued under this chapter and                              
13       receive compensation approved by a court as long as the individual does not act as a                              
14       guardian or conservator for more than one person or two people who are related to                                 
01       each other up to and including the fourth degree of consanguinity, whether of the                                 
02       whole or half blood or by adoption, computed under the rules of civil law.                                        
03    * Sec. 3. AS 08.26.020 is amended to read:                                                                         
04            Sec. 08.26.020. Requirements for [INDIVIDUAL] private professional full                                  
05       and partial guardian licenses [LICENSE]. The department shall issue a [AN                               
06       INDIVIDUAL] private professional full guardian license to an individual                                       
07                 (1)  who is at least 21 years of age;                                                                   
08                 (2)  who has two or more years of professional client casework                                          
09       experience or at least an associate degree in human services, social work, psychology,                            
10       sociology, gerontology, special education, or a closely related field;                                            
11                 (3)  who is certified as a guardian by a nationally recognized                                          
12       organization in the field of guardianships;                                                                       
13                 (4)  [WHO PROVIDES PROOF SATISFACTORY TO THE                                                            
14       DEPARTMENT THAT THE INDIVIDUAL IS ABLE TO BE BONDED AND                                                           
15       INSURED;                                                                                                          
16                 (5)]  whose criminal history record checks under AS 08.26.070 show                                      
17       that the individual has not been convicted of a felony or of a misdemeanor offense in                         
18       the state or in any other jurisdiction involving fraud, misrepresentation, material                           
19       omission, misappropriation, theft, conversion, or any other crime the department                              
20       determines would affect the individual's ability to provide the services of a                                 
21       guardian competently and safely for the protected person [CRIME] within 10                                    
22       years before [OF] the application;                                                                        
23                 (5)  [THAT WOULD AFFECT THE INDIVIDUAL'S ABILITY TO                                                 
24       PROVIDE THE SERVICES OF A GUARDIAN COMPETENTLY AND SAFELY                                                         
25       FOR THE WARD; AND (6)] who satisfies the application requirements of                                              
26       AS 08.26.060; and                                                                                             
27                 (6)  who satisfies the requirements for obtaining a private                                         
28       professional conservator license under AS 08.26.030.                                                          
29    * Sec. 4. AS 08.26.020 is amended by adding a new subsection to read:                                              
30            (b)  The department shall issue a private professional partial guardian license                              
31       to an individual who satisfies the requirements under (a)(1) - (5) of this section. A                             
01       licensed private professional partial guardian may not perform conservator services.                              
02    * Sec. 5. AS 08.26.030 is amended to read:                                                                         
03            Sec. 08.26.030. Requirements for [INDIVIDUAL] private professional                                         
04       conservator license. The department shall issue a [AN INDIVIDUAL] private                                   
05       professional conservator license to an individual                                                                 
06                 (1)  who is at least 21 years of age;                                                                   
07                 (2)  who has obtained a high school diploma, or a general education                                     
08       development diploma or its equivalent;                                                                            
09                 (3)  who has six months' employment experience in a position                                            
10       involving financial management, or has at least an associate degree in accounting or a                            
11       closely related field;                                                                                            
12                 (4)  who is certified as a guardian by a nationally recognized                                          
13       organization in the field of guardianships;                                                                       
14                 (5)  [WHO PROVIDES PROOF SATISFACTORY TO THE                                                            
15       DEPARTMENT THAT THE INDIVIDUAL IS ABLE TO BE BONDED AND                                                           
16       INSURED;                                                                                                          
17                 (6)]  whose criminal history record checks under AS 08.26.070 show                                      
18       that the individual [PERSON] has not been convicted of a felony or of a                                   
19       misdemeanor offense in the state or in any other jurisdiction involving fraud,                                
20       misrepresentation, material omission, misappropriation, theft, conversion, or any                             
21       other crime that the department determines would affect the individual's ability                              
22       to provide the services of a conservator competently and safely for the protected                             
23       person [CRIME] within 10 years before the application [THAT WOULD AFFECT                                      
24       THE INDIVIDUAL'S ABILITY TO PROVIDE THE SERVICES OF A                                                             
25       CONSERVATOR COMPETENTLY AND SAFELY FOR THE PROTECTED                                                              
26       PERSON]; and                                                                                                      
27                 (6) [(7)]  who satisfies the application requirements of AS 08.26.060.                              
28    * Sec. 6. AS 08.26.060 is amended to read:                                                                         
29            Sec. 08.26.060. Application requirements. To apply for a license under this                                
30       chapter, a person shall submit an application on a form provided by the department                                
31       and submit                                                                                                        
01                 (1)  two complete fingerprint cards containing fingerprints and other                                   
02       information required by the Department of Public Safety to obtain state and national                              
03       criminal history record information under AS 12.62 and AS 12.64; [THE                                             
04       FINGERPRINTS MUST BE THE FINGERPRINTS OF THE APPLICANT IF THE                                                     
05       APPLICANT IS AN INDIVIDUAL, OR, IF THE APPLICANT IS AN                                                            
06       ORGANIZATION, FINGERPRINTS OF THE                                                                                 
07                      (A)  OFFICERS OF THE ORGANIZATION, IF THE                                                          
08            APPLICANT IS A CORPORATION;                                                                                  
09                      (B)  MEMBERS OF THE ORGANIZATION, IF THE                                                           
10            APPLICANT IS A LIMITED LIABILITY COMPANY;                                                                    
11                      (C)  PARTNERS OF THE ORGANIZATION, IF THE                                                          
12            APPLICANT IS A PARTNERSHIP;]                                                                                 
13                 (2)  [PROOF OF THE ABILITY TO BE INSURED AND BONDED;                                                    
14                 (3)]  a written waiver of confidentiality signed by the applicant                                       
15       allowing the department to access at any time relevant complaint information made                                 
16       about the applicant to adult protective services, the designated protection and                                   
17       advocacy agency, the long-term care ombudsman, or an entity that certifies or licenses                            
18       private professional guardians or private professional conservators;                                              
19                 (3) [(4)]  a written statement signed by the applicant that the applicant                           
20       will allow immediate access at any time to the department to the file of a ward or                                
21       protected person and to financial information regarding the applicant, including                                  
22       corporate or other business records; and                                                                      
23                 (4) [(5)  A DETAILED RESUME, INCLUDING RELEVANT                                                     
24       EXPERIENCE, FOR EACH EMPLOYEE AND CONTRACTOR OF THE                                                               
25       APPLICANT WHO MAY PROVIDE SERVICES TO A WARD OR PROTECTED                                                         
26       PERSON;                                                                                                           
27                 (6)]  payment of the application fee, any criminal history record                                       
28       information checks fee charged under AS 12.62.160(d), and any other fees required by                              
29       the department [; AND                                                                                             
30                 (7)  IF THE APPLICANT IS NOT AN INDIVIDUAL, A COPY OF                                                   
31       THE DOCUMENTS UNDER WHICH THE APPLICANT WAS FORMED,                                                               
01       INCLUDING ARTICLES OF INCORPORATION AND BYLAWS IF THE                                                             
02       APPLICANT IS A CORPORATION].                                                                                      
03    * Sec. 7. AS 08.26.080 is amended to read:                                                                         
04            Sec. 08.26.080. Annual report. Within 30 days following the end of each                                    
05       calendar year, a licensee shall submit to the office of public advocacy, Department                           
06       of Administration [DEPARTMENT]                                                                                
07                 (1)  evidence of the [INITIAL AND] continuing existence of a court                                  
08       ordered bond, if any, [AND PROFESSIONAL LIABILITY INSURANCE] required                                     
09       by a court to be maintained by the guardian or conservator;                                                       
10                 (2)  a list, including case numbers, of the wards and protected persons                                 
11       for whom the licensee is acting as a private professional guardian or private                                     
12       professional conservator;                                                                                         
13                 (3)  an accurate financial statement of the licensee, including total fees                          
14       collected from the protected person, total business expenses, and documents                                   
15       necessary to establish financial solvency of the licensee;                                                    
16                 (4)  a letter stating that the licensee has filed all required court reports                            
17       in the previous calendar year; and                                                                            
18                 (5)  a copy of all of the licensee's federal tax documents filed with the                               
19       Internal Revenue Service and all of the licensee's correspondence with the Internal                               
20       Revenue Service for the calendar year [; AND                                                                  
21                 (6)  A LIST OF ALL PERSONS CURRENTLY EMPLOYED BY                                                        
22       THE LICENSEE IN THE BUSINESS FOR WHICH THE LICENSE WAS ISSUED].                                                   
23    * Sec. 8. AS 08.26.080 is amended by adding a new subsection to read:                                              
24            (b)  The office of public advocacy shall notify the department of the licensee's                             
25       compliance with (a) of this section.                                                                              
26    * Sec. 9. AS 08.26.100 is amended to read:                                                                         
27            Sec. 08.26.100. Court appointment. An individual [A PERSON] who                                          
28       engages in the business of providing services as a guardian or conservator may not be                             
29       appointed as a guardian or a conservator in a court proceeding unless the individual                      
30       [PERSON] is licensed under this chapter or exempt under AS 08.26.010 or                                       
31       AS 08.26.180.                                                                                                     
01    * Sec. 10. 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 [A PERSON] under AS 08.01.075 or refuse                         
04       to issue or renew a license if the department determines that the individual                              
05       [PERSON]                                                                                                          
06                 (1)  obtained or attempted to obtain a license under this chapter through                               
07       deceit, fraud, or intentional misrepresentation;                                                                  
08                 (2)  has not complied with the standards of conduct established by the                                  
09       department under AS 13.26.001;                                                                                    
10                 (3)  forfeited a license in this or another jurisdiction as a result of                                 
11       deceit, fraud, intentional misrepresentation, or professional incompetence;                                       
12                 (4)  has been found by a court in this state to have engaged in                                         
13       professional misconduct or incompetence;                                                                          
14                 (5)  has advertised the individual's [ITS] services in a false or                                   
15       misleading manner;                                                                                                
16                 (6)  has been convicted, including a conviction based on a guilty plea or                               
17       plea of nolo contendere, of a felony or other crime that affects the individual's                             
18       [PERSON'S] ability to provide [THE LICENSEE'S] services competently and safely                                    
19       for the ward or protected person;                                                                                 
20                 (7)  has been found to have abandoned, exploited, abused, or neglected                                  
21       a vulnerable adult; in this paragraph, "vulnerable adult" has the meaning given in                                
22       AS 47.24.900;                                                                                                     
23                 (8)  has failed to comply with this chapter or with a regulation adopted                                
24       under this chapter;                                                                                               
25                 (9)  has continued or attempted to practice after becoming unfit due to                                 
26       professional incompetence;                                                                                        
27                 (10)  has failed to maintain certification by a nationally recognized                                   
28       organization in the field of                                                                                      
29                      (A)  guardianships, if the individual [PERSON] was issued a                                
30            [AN INDIVIDUAL] private professional guardian license; or                                                    
31                      (B)  conservatorships, if the individual was issued a [AN                                      
01            INDIVIDUAL] private professional conservator license; or                                                 
02                 (11)  fails to maintain a bond or other surety as required by a court                               
03       order [IS NOT ABLE TO BE BONDED AND INSURED; OR                                                               
04                 (12)  IF THE LICENSEE HAS AN ORGANIZATIONAL LICENSE,                                                    
05                      (A)  DOES NOT MAINTAIN A PLACE OF BUSINESS IN                                                      
06            THIS STATE;                                                                                                  
07                      (B)  IS NOT IN COMPLIANCE WITH THE STATE AND                                                       
08            FEDERAL REQUIREMENTS THAT APPLY TO THE ORGANIZATION;                                                         
09            OR                                                                                                           
10                      (C)  HAS AN EMPLOYEE WHO PROVIDES THE                                                              
11            SERVICES OF A PRIVATE PROFESSIONAL GUARDIAN OR PRIVATE                                                       
12            PROFESSIONAL CONSERVATOR FOR THE ORGANIZATION AND IS                                                         
13            NOT LICENSED UNDER THIS CHAPTER].                                                                            
14    * Sec. 11. AS 08.26.180 is amended to read:                                                                        
15            Sec. 08.26.180. Exemption. An individual who is employed by a [A]                                        
16       financial institution regulated by the federal government or a financial institution                              
17       regulated under AS 06 by the department is not required to be licensed under this                                 
18       chapter in order to engage, in the course of the individual's employment by the                               
19       financial institution, in the business of providing services as a guardian or a                               
20       conservator or be appointed as a private professional guardian or a private professional                          
21       conservator by a court. In this section [SUBSECTION], "financial institution" does                            
22       not include a person who is exempt under AS 06.26.020 or who has received an                                      
23       exemption under AS 06.26.200.                                                                                     
24    * Sec. 12. AS 08.26.190 is amended to read:                                                                        
25            Sec. 08.26.190. Definitions. In this chapter,                                                              
26                 (1)  "conservator" has the meaning given in AS 13.06.050;                                               
27                 (2)  "department" means the Department of Commerce, Community,                                          
28       and Economic Development;                                                                                         
29                 (3)  "guardian" has the meaning given in AS 13.06.050;                                                  
30                 (4)  "licensee" means a person licensed under this chapter;                                             
31                 (5)  ["ORGANIZATIONAL LICENSE" MEANS A LICENSE                                                          
01       ISSUED UNDER AS 08.26.040;                                                                                        
02                 (6)]  "private professional conservator" means an individual [A                                     
03       PERSON] who acts as a conservator under AS 13.26.165 - 13.26.320 and receives                                     
04       compensation for acting in that capacity;                                                                         
05                 (6) [(7)]  "private professional conservator license" means a license                               
06       issued under AS 08.26.030;                                                                                        
07                 (7) [(8)]  "private professional guardian" means an individual [A                               
08       PERSON] who acts as a guardian under AS 13.26.030 - 13.26.150 [AS 13.26.030 -                                 
09       13.26.155] and receives compensation for acting in that capacity;                                                 
10                 (8) [(9)]  "private professional guardian license" means a license issued                           
11       under AS 08.26.020;                                                                                               
12                 (9) [(10)]  "protected person" has the meaning given in AS 13.26.005;                               
13                 (10) [(11)]  "ward" has the meaning given in AS 13.26.005.                                          
14    * Sec. 13. AS 13.26.010 is amended by adding a new subsection to read:                                             
15            (c)  This section is subject to the requirements of AS 13.27 (Uniform Adult                                  
16       Guardianship and Protective Proceedings Jurisdiction Act).                                                        
17    * Sec. 14. AS 13.26.095(d) is amended to read:                                                                     
18            (d)  On the filing with the court in which the will was probated of written                                  
19       objection to the appointment by the person for whom a testamentary appointment of                                 
20       guardian has been made, the appointment is terminated. An objection does not prevent                              
21       appointment by the court in a proper proceeding of the testamentary nominee or any                                
22       other suitable person upon an adjudication of incapacity in proceedings under                                     
23       AS 13.26.100 - 13.26.150 [AS 13.26.100 - 13.26.155].                                                          
24    * Sec. 15. AS 13.26.109(b) is amended to read:                                                                     
25            (b)  Statements of a ward or respondent in the course of evaluations,                                        
26       examinations, and treatment under AS 13.26.090 - 13.26.150 [AS 13.26.090 -                                    
27       13.26.155] are privileged, confidential, and not admissible without the ward's or                                 
28       respondent's consent in any civil or criminal proceeding other than proceedings under                             
29       AS 13.26.090 - 13.26.150 [AS 13.26.090 - 13.26.155]. A ward or respondent at all                              
30       times has the right to refuse to answer questions if the answers may tend to incriminate                          
31       the ward or respondent.                                                                                           
01    * Sec. 16. AS 13.26.109(c) is amended to read:                                                                     
02            (c)  During an interview or a testing conducted under AS 13.26.090 -                                     
03       13.26.150 [AS 13.26.090 - 13.26.155], a ward or respondent has the right to be                                
04       accompanied by an attorney or expert of the ward's or respondent's own choosing.                                  
05    * Sec. 17. AS 13.26.109(d) is amended to read:                                                                     
06            (d)  The court, if requested by a ward or respondent in preparation for and in                               
07       connection with a hearing held under AS 13.26.090 - 13.26.150 [AS 13.26.090 -                                 
08       13.26.155], shall appoint an expert having expertise in regard to the alleged or                                  
09       admitted incapacity to examine the respondent and testify on the respondent's behalf.                             
10       The request shall be filed in court at least five days before the hearing. An expert                              
11       appointed under this subsection may be the same expert appointed under                                            
12       AS 13.26.106(c).                                                                                                
13    * Sec. 18. AS 13.26.113(b) is amended to read:                                                                     
14            (b)  The burden of proof by clear and convincing evidence is upon the                                        
15       petitioner, and a determination of incapacity shall be made before                                                
16       consideration of proper disposition. If the respondent stipulates to                                          
17       incapacity, the court may make a finding of incapacity without obtaining                                      
18       evidence from the expert appointed under AS 13.26.106(c).                                                     
19    * Sec. 19. AS 13.26.135(b) is amended to read:                                                                     
20            (b)  Notice shall be served personally, by certified mail, or by any other                               
21       method authorized by court rule on the ward's or respondent's spouse and parents if                           
22       they can be found within the state. Except as provided in (a)(1) of this section, notice                          
23       to the spouse and parents, if they cannot be found within the state, and to all other                             
24       persons shall be given as provided in AS 13.06.110.                                                               
25    * Sec. 20. AS 13.26.145(f) is amended to read:                                                                     
26            (f)  When in the best interest of the incapacitated person, a court may                                      
27       decline to appoint a person who has priority under (d) of this section as                                         
28       guardian of an incapacitated person and may appoint as guardian a person who                                      
29       has a lower priority than another person or who does not have a priority. If the                              
30       court appoints a person with a lower priority under (d) of this section than                                  
31       another person, the court shall make appropriate written findings related                                     
01       to why the best interests of the respondent require appointment of the                                        
02       person with a lower priority.                                                                                 
03    * Sec. 21. AS 13.26.170 is amended to read:                                                                        
04            Sec. 13.26.170. Protective proceedings; jurisdiction of affairs of protected                               
05       persons. Except as otherwise provided under AS 13.27.110, after [AFTER] the                                   
06       service of notice in a proceeding seeking the appointment of a conservator or other                               
07       protective order and until termination of the proceeding, the court in which the petition                         
08       is filed has                                                                                                      
09                 [(1)]  exclusive jurisdiction to determine                                                              
10                 (1)  the need for a conservator or other protective order until the                                 
11       proceedings are terminated; and                                                                               
12                 (2)  [EXCLUSIVE JURISDICTION TO DETERMINE] how the estate                                               
13       of the protected person that [WHICH] is subject to the laws of this state shall be                            
14       managed, expended, or distributed to or for the use of the protected person or any of                         
15       the person's dependents [;                                                                                        
16                 (3)  CONCURRENT JURISDICTION TO DETERMINE THE                                                           
17       VALIDITY OF CLAIMS AGAINST THE PERSON OR ESTATE OF THE                                                            
18       PROTECTED PERSON AND THE PERSON'S TITLE TO ANY PROPERTY OR                                                        
19       CLAIM].                                                                                                           
20    * Sec. 22. AS 13.26.185(a) is amended to read:                                                                     
21            (a)  On a petition for appointment of a conservator or other protective order,                               
22       the person to be protected and the person's spouse or, if none, the person's parents,                             
23       must be served personally, by certified mail, or by any other method authorized by                            
24       court rule with notice of the proceedings at least 14 days before the date of hearing if                      
25       they can be found within the state, or, if they cannot be found within the state, they                            
26       must be given notice in accordance with AS 13.06.110. Waiver by the person to be                                  
27       protected is not effective unless the person to be protected attends the hearing or,                              
28       unless minority is the reason for the proceeding, waiver is confirmed in an interview                             
29       with the visitor.                                                                                                 
30    * Sec. 23. AS 13.26.210(a) is amended to read:                                                                     
31            (a)  The court may appoint a competent person, including a private                                           
01       professional conservator, private professional full guardian under AS 08.26.020, or                       
02       the public guardian, as the conservator of the estate of a protected person.                                      
03    * Sec. 24. AS 13.26.210(f) is amended to read:                                                                     
04            (f)  When in the best interest of the protected person, a court may decline to                               
05       appoint a person who has priority under (d) of this section as conservator of the                                 
06       protected person and may appoint as conservator a person who has a lower priority                                 
07       than another person or who does not have a priority. If the court appoints a person                           
08       with a lower priority under (d) of this section than another person, the court shall                          
09       make appropriate written findings related to why the best interests of the                                    
10       respondent require appointment of the person with a lower priority.                                           
11    * Sec. 25. AS 13.26.300(a) is amended to read:                                                                     
12            (a)  Subject to AS 13.26.285(e), a [A] conservator shall pay from the estate all                         
13       just claims against the estate and against the protected person arising before or after                           
14       the conservatorship was established [BUT BEFORE THE PROTECTED PERSON                                              
15       DIES,] upon their presentation and allowance. A claim is considered presented on the                              
16       first to occur of receipt of the written statement of claim by the conservator or the                             
17       filing of the claim with the court. A presented claim is allowed if it is not disallowed                          
18       by written statement mailed by the conservator to the claimant within 60 days after its                           
19       presentation. The presentation of a claim tolls any statute of limitations relating to the                        
20       claim until 30 days after its disallowance. A claim may be presented by either of the                             
21       following methods:                                                                                                
22                 (1)  the claimant may deliver or mail to the conservator a written                                      
23       statement of the claim indicating its basis, the name and address of the claimant, and                            
24       the amount claimed;                                                                                               
25                 (2)  the claimant may file a written statement of the claim, in the form                                
26       prescribed by rule, with the clerk of the court and deliver or mail a copy of the                                 
27       statement to the conservator.                                                                                     
28    * Sec. 26. AS 13.26.380 is amended by adding a new subsection to read:                                             
29            (e)  The records required to be kept and maintained under (c)(3) of this section                             
30       are confidential and are not subject to inspection or copying under AS 40.25.110 -                                
31       40.25.120 unless the records are relevant to an investigation or proceeding involving                             
01       the public guardian or a case in which the public guardian provided guardianship or                               
02       conservatorship services.                                                                                       
03    * Sec. 27. AS 13.26.400 is amended to read:                                                                        
04            Sec. 13.26.400. Staff; delegation of powers and duties. The public guardian                                
05       may employ staff and delegate to members of the staff or to volunteers the powers and                             
06       duties as guardian or conservator and other powers and duties under this chapter.                                 
07       However, the public guardian retains responsibility for the proper performance of the                             
08       delegated powers and duties. The public guardian may only delegate powers and                                 
09       duties under this chapter to an individual who meets [ALL DELEGATIONS                                         
10       SHALL BE TO PERSONS WHO MEET] the eligibility requirements of                                                     
11       AS 13.26.145 and has passed the criminal history record information check                                     
12       under AS 08.26.070. In addition, the individual must either hold a current                                    
13       certification as a guardian from a nationally recognized organization at the time                             
14       of the delegation or apply for and receive that certification within one year of the                          
15       delegation.                                                                                                   
16    * Sec. 28. AS 13.26.410(e) is amended to read:                                                                     
17            (e)  Before the office of public advocacy releases a ward's funds following                              
18       the termination of the public guardian's appointment, the office may collect from                             
19       the ward's funds held by the office the [THE] reasonable value of the services                                
20       rendered without cost to the ward or protected person [SHALL BE ALLOWED AS A                                      
21       CLAIM AGAINST THE ESTATE UPON THE DEATH OF THE WARD OR                                                            
22       PROTECTED PERSON].                                                                                              
23    * Sec. 29. AS 13 is amended by adding a new chapter to read:                                                       
24   Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.                                 
25               Article 1. Application; Cooperation between Courts.                                                     
26            Sec. 13.27.010. International application of this chapter. A court of this                                 
27       state may treat a foreign country as if it were a state for the purpose of applying                               
28       AS 13.27.010 - 13.27.210, 13.27.400, 13.27.410, and 13.27.490.                                                    
29            Sec. 13.27.020. Communication between courts. (a) A court of this state may                                
30       communicate with a court in another state concerning a proceeding arising under this                              
31       chapter. The court may allow the parties to participate in the communication. Except                              
01       as otherwise provided in (b) of this section, the court shall make a record of the                                
02       communication.                                                                                                    
03            (b)  Courts may communicate concerning administrative matters that involve                                   
04       schedules, calendars, and court records without making a record.                                                  
05            Sec. 13.27.030. Cooperation between courts. (a) In a guardianship or                                       
06       protective proceeding in this state, a court may request the appropriate court of another                         
07       state to                                                                                                          
08                 (1)  hold an evidentiary hearing;                                                                       
09                 (2)  order a person in that state to produce evidence or give testimony                                 
10       under procedures of that state;                                                                                   
11                 (3)  order that an evaluation or assessment be made of the respondent;                                  
12                 (4)  order any appropriate investigation of a person involved in a                                      
13       proceeding;                                                                                                       
14                 (5)  forward to the court a certified copy of the transcript or other                                   
15       record of a hearing under (1) of this subsection or any other proceeding, any evidence                            
16       otherwise produced under (2) of this subsection, and any evaluation or assessment                                 
17       prepared in compliance with an order under (3) or (4) of this subsection;                                         
18                 (6)  issue any order necessary to assure the appearance in the                                          
19       proceeding of a person whose presence is necessary for the court to make a                                        
20       determination, including the respondent or the incapacitated or protected person;                                 
21                 (7)  issue an order authorizing the release of medical, financial,                                      
22       criminal, or other relevant information in that state, including protected health                                 
23       information as defined in 45 CFR 164.504, as amended.                                                             
24            (b)  If a court of another state in which a guardianship or protective proceeding                            
25       is pending requests assistance of the kind provided in (a) of this section, a court of this                       
26       state has jurisdiction for the limited purpose of granting the request or making                                  
27       reasonable efforts to comply with the request.                                                                    
28            Sec. 13.27.040. Taking testimony in another state. (a) In a guardianship or                                
29       protective proceeding, in addition to other procedures that may be available, testimony                           
30       of a witness who is located in another state may be offered by deposition or other                                
31       means allowable in this state for testimony taken in another state. The court on its own                          
01       motion may request that the testimony of a witness be taken in another state and may                              
02       prescribe the manner in which and the terms on which the testimony is to be taken.                                
03            (b)  In a guardianship or protective proceeding, a court in this state may permit                            
04       a witness located in another state to be deposed or to testify by telephone or                                    
05       audiovisual or other electronic means. A court of this state shall cooperate with the                             
06       court of the other states in designating an appropriate location for the deposition or                            
07       testimony.                                                                                                        
08                          Article 2. Jurisdiction.                                                                     
09            Sec. 13.27.100. Exclusive basis. AS 13.27.100 - 13.27.180 provide the                                      
10       exclusive basis for subject matter jurisdiction for a court of this state to appoint a                            
11       guardian or issue a protective order for an adult.                                                                
12            Sec. 13.27.110. Jurisdiction. A court of this state has jurisdiction to appoint a                          
13       guardian or issue a protective order for a respondent if                                                          
14                 (1)  this state is the respondent's home state;                                                         
15                 (2)  on the date the petition is filed, this state is a significant-connection                          
16       state, and                                                                                                        
17                      (A)  the respondent does not have a home state or a court of the                                   
18            respondent's home state has declined to exercise jurisdiction because this state                             
19            is a more appropriate forum; or                                                                              
20                      (B)  the respondent has a home state, a petition for an                                            
21            appointment or order is not pending in a court of that state or another                                      
22            significant-connection state, and, before the court makes an appointment or                                  
23            issues an order,                                                                                             
24                           (i)  a petition for an appointment or order is not filed in                                   
25                 the respondent's home state;                                                                            
26                           (ii)  an objection to the court's jurisdiction is not filed by                                
27                 a person required to be notified of the proceeding; and                                                 
28                           (iii)  the court in this state concludes that it is an                                        
29                 appropriate forum under the factors set out in AS 13.27.140;                                            
30                 (3)  this state does not have jurisdiction under either (1) or (2) of this                              
31       section and the respondent's home state and all significant-connection states have                                
01       declined to exercise jurisdiction under AS 13.27.140 because                                                      
02                      (A)  this state is the more appropriate forum; and                                                 
03                      (B)  jurisdiction in this state is consistent with the constitutions                               
04            of this state and the United States; or                                                                      
05                 (4)  the requirements for special jurisdiction under AS 13.27.120 are                                   
06       met.                                                                                                              
07            Sec. 13.27.120. Special jurisdiction. (a) A court of this state lacking                                    
08       jurisdiction under AS 13.27.110 has special jurisdiction to                                                       
09                 (1)  appoint a guardian in an emergency for a term not exceeding 90                                     
10       days for a respondent who is physically present in this state;                                                    
11                 (2)  issue a protective order with respect to real or tangible personal                                 
12       property located in this state;                                                                                   
13                 (3)  appoint a guardian or conservator for an incapacitated or protected                                
14       person for whom a provisional order to transfer the proceeding from another state has                             
15       been issued under procedures similar to AS 13.27.200.                                                             
16            (b)  If a petition for the appointment of a guardian in an emergency is brought                              
17       in this state and this state was not the respondent's home state on the date the petition                         
18       was filed, the court shall dismiss the proceeding at the request of the court of the home                         
19       state, if any, whether dismissal is requested before or after the emergency                                       
20       appointment.                                                                                                      
21            Sec. 13.27.130. Exclusive and continuing jurisdiction. Except as otherwise                                 
22       provided in AS 13.27.120, a court that has appointed a guardian or issued a protective                            
23       order consistent with this chapter has exclusive and continuing jurisdiction over the                             
24       proceeding until it is terminated by the court or the appointment or order expires by its                         
25       own terms.                                                                                                        
26            Sec. 13.27.140. Appropriate forum. (a) A court of this state having                                        
27       jurisdiction under AS 13.27.110 to appoint a guardian or issue a protective order may                             
28       decline to exercise its jurisdiction if it determines at any time that a court of another                         
29       state is a more appropriate forum.                                                                                
30            (b)  If a court of this state declines to exercise its jurisdiction under (a) of this                        
31       section, it shall either dismiss or stay the proceeding. The court may impose any                                 
01       condition the court considers just and proper, including the condition that a petition for                        
02       the appointment of a guardian or issuance of a protective order be filed promptly in                              
03       another state.                                                                                                    
04            (c)  In determining whether it is an appropriate forum, the court shall consider                             
05       all relevant factors, including                                                                                   
06                 (1)  any expressed preference of the respondent;                                                        
07                 (2)  whether abuse, neglect, or exploitation of the respondent has                                      
08       occurred or is likely to occur and which state could best protect the respondent from                             
09       the abuse, neglect, or exploitation;                                                                              
10                 (3)  the length of time the respondent was physically present in or was a                               
11       legal resident of this or another state;                                                                          
12                 (4)  the distance of the respondent from the court in each state;                                       
13                 (5)  the financial circumstances of the respondent's estate;                                            
14                 (6)  the nature and location of the evidence;                                                           
15                 (7)  the ability of the court in each state to decide the issue                                         
16       expeditiously and the procedures necessary to present evidence;                                                   
17                 (8)  the familiarity of the court of each state with the facts and issues in                            
18       the proceeding; and                                                                                               
19                 (9)  if an appointment were made, the court's ability to monitor the                                    
20       conduct of the guardian or conservator.                                                                           
21            Sec. 13.27.150. Jurisdiction declined by reason of conduct. (a) If at any time                             
22       a court of this state determines that it acquired jurisdiction to appoint a guardian or                           
23       issue a protective order because of unjustifiable conduct, the court may                                          
24                 (1)  decline to exercise jurisdiction;                                                                  
25                 (2)  exercise jurisdiction for the limited purpose of fashioning an                                     
26       appropriate remedy to ensure the health, safety, and welfare of the respondent or the                             
27       protection of the respondent's property or prevent a repetition of the unjustifiable                              
28       conduct; the exercise of limited jurisdiction under this paragraph may include staying                            
29       the proceeding until a petition for the appointment of a guardian or issuance of a                                
30       protective order is filed in a court of another state having jurisdiction; or                                     
31                 (3)  continue to exercise jurisdiction after considering                                                
01                      (A)  the extent to which the respondent and all persons required                                   
02            to be notified of the proceedings have acquiesced in the exercise of the court's                             
03            jurisdiction;                                                                                                
04                      (B)  whether it is a more appropriate forum than the court of any                                  
05            other state under the factors set out in AS 13.27.140(c); and                                                
06                      (C)  whether the court of any other state would have jurisdiction                                  
07            under factual circumstances in substantial conformity with the jurisdictional                                
08            standards of AS 13.27.110.                                                                                   
09            (b)  If a court of this state determines that it acquired jurisdiction to appoint a                          
10       guardian or issue a protective order because a party seeking to invoke its jurisdiction                           
11       engaged in unjustifiable conduct, it may assess against that party necessary and                                  
12       reasonable expenses, including attorney fees, investigative fees, court costs,                                    
13       communication expenses, witness fees and expenses, and travel expenses. The court                                 
14       may not assess fees, costs, or expenses of any kind against this state or a governmental                          
15       subdivision, agency, or instrumentality of this state unless authorized by law other                              
16       than this chapter.                                                                                                
17            Sec. 13.27.160. Notice of proceeding. If a petition for the appointment of a                               
18       guardian or issuance of a protective order is brought in this state and this state was not                        
19       the respondent's home state on the date the petition was filed, in addition to complying                          
20       with the notice requirements of this state, notice of the petition must be given to those                         
21       persons who would be entitled to notice of the petition if a proceeding were brought in                           
22       the respondent's home state. The notice must be given in the same manner as notice is                             
23       required to be given in this state.                                                                               
24            Sec. 13.27.170. Proceedings in more than one state. Except for a petition for                              
25       the appointment of a guardian in an emergency or issuance of a protective order                                   
26       limited to property located in this state under AS 13.27.120(a)(1) or (2), if a petition                          
27       for the appointment of a guardian or issuance of a protective order is filed in this state                        
28       and in another state and neither petition has been dismissed or withdrawn, the                                    
29       following rules apply:                                                                                            
30                 (1)  if the court in this state has jurisdiction under AS 13.27.110, it may                             
31       proceed with the case unless a court in another state acquires jurisdiction under                                 
01       provisions similar to AS 13.27.110 before the appointment or issuance of the order;                               
02                 (2)  if the court in this state does not have jurisdiction under                                        
03       AS 13.27.110, whether at the time the petition is filed or at any time before the                                 
04       appointment or issuance of the order, the court shall stay the proceeding and                                     
05       communicate with the court in the other state; if the court in the other state has                                
06       jurisdiction, the court in this state shall dismiss the petition unless the court in the                          
07       other state determines that the court in this state is a more appropriate forum.                                  
08            Sec. 13.27.180. Definitions for AS 13.27.100 - 13.27.180. In AS 13.27.100 -                                
09       13.27.180,                                                                                                        
10                 (1)  "emergency" means a circumstance that likely will result in                                        
11       substantial harm to a respondent's health, safety, or welfare, and for which the                                  
12       appointment of a guardian is necessary because no other person has authority and is                               
13       willing to act on the respondent's behalf;                                                                        
14                 (2)  "home state" means the state in which the respondent was                                           
15       physically present, including any period of temporary absence, for at least six                                   
16       consecutive months immediately before the filing of a petition for a protective order or                          
17       the appointment of a guardian; or, if none, the state in which the respondent was                                 
18       physically present, including any period of temporary absence, for at least six                                   
19       consecutive months ending with the six months before the filing of the petition;                                  
20                 (3)  "significant-connection state" means a state, other than the home                                  
21       state, with which a respondent has a significant connection other than mere physical                              
22       presence and in which substantial evidence concerning the respondent is available; in                             
23       determining whether a respondent has a significant connection with a particular state,                            
24       the court shall consider                                                                                          
25                      (A)  the location of the respondent's family and others required                                   
26            to be notified of the guardianship or protective proceeding;                                                 
27                      (B)  the length of time the respondent at any time was                                             
28            physically present in the state and the duration of any absences;                                            
29                      (C)  the location of the respondent's property; and                                                
30                      (D)  the extent to which the respondent has other ties to the state                                
31            such as voting registration, filing of state or local tax returns, vehicle                                   
01            registration, driver's license, social relationships, and receipt of services.                               
02              Article 3. Transfer of Guardianship or Conservatorship.                                                  
03            Sec. 13.27.200. Petition to transfer guardianship or conservatorship to                                    
04       another state. (a) A guardian or conservator appointed in this state may petition the                           
05       court to transfer the guardianship or conservatorship to another state.                                           
06            (b)  Notice of a petition to transfer a guardianship or conservatorship under (a)                            
07       of this section must be given to the persons who would be entitled to notice of a                                 
08       petition in this state for the appointment of a guardian or conservator.                                          
09            (c)  On the court's own motion or on request of the guardian or conservator, the                             
10       incapacitated or protected person, or other person required to be notified of the                                 
11       petition, the court shall hold a hearing on a petition filed under (a) of this section.                           
12            (d)  The court shall issue an order provisionally granting a petition to transfer a                          
13       guardianship and shall direct the guardian to petition for guardianship in the other state                        
14       if the court is satisfied that the guardianship will be accepted by the court in the other                        
15       state and the court finds that                                                                                    
16                 (1)  the incapacitated person is physically present in or is reasonably                                 
17       expected to move permanently to the other state;                                                                  
18                 (2)  an objection to the transfer has not been made or, if an objection                                 
19       has been made, the objector has not established that the transfer would be contrary to                            
20       the interests of the incapacitated person; and                                                                    
21                 (3)  plans for care and services for the incapacitated person in the other                              
22       state are reasonable and sufficient.                                                                              
23            (e)  The court shall issue a provisional order granting a petition to transfer a                             
24       conservatorship and shall direct the conservator to petition for conservatorship in the                           
25       other state if the court is satisfied that the conservatorship will be accepted by the                            
26       court of the other state and the court finds that                                                                 
27                 (1)  the protected person is physically present in or is reasonably                                     
28       expected to move permanently to the other state, or the protected person has a                                    
29       significant connection to the other state considering the factors set out in                                      
30       AS 13.27.180(3);                                                                                                  
31                 (2)  an objection to the transfer has not been made or, if an objection                                 
01       has been made, the objector has not established that the transfer would be contrary to                            
02       the interests of the protected person; and                                                                        
03                 (3)  adequate arrangements will be made for management of the                                           
04       protected person's property.                                                                                      
05            (f)  The court shall issue a final order confirming the transfer and terminating                             
06       the guardianship or conservatorship if the court receives                                                         
07                 (1)  a provisional order issued under provisions similar to AS 13.27.210                                
08       accepting the proceeding from the court to which the proceeding is to be transferred;                             
09       and                                                                                                               
10                 (2)  the documents required to terminate a guardianship or                                              
11       conservatorship in this state.                                                                                    
12            Sec. 13.27.210. Accepting guardianship or conservatorship transferred                                      
13       from another state. (a) To confirm transfer of a guardianship or conservatorship                                
14       transferred to this state under provisions similar to those in AS 13.27.200, the guardian                         
15       or conservator must petition the court in this state to accept the guardianship or                                
16       conservatorship. The petition must include a certified copy of the other state's                                  
17       provisional order of transfer.                                                                                    
18            (b)  Notice of a petition under (a) of this section must be given to those persons                           
19       that would be entitled to notice if the petition were a petition for the appointment of a                         
20       guardian or issuance of a protective order in both the transferring state and this state.                         
21       The notice must be given in the same manner as notice is required to be given in this                             
22       state.                                                                                                            
23            (c)  On the court's own motion or on request of the guardian or conservator, the                             
24       incapacitated or protected person, or other person required to be notified of the                                 
25       proceeding, the court may hold a hearing on a petition filed under (a) of this section.                           
26            (d)  The court shall issue a provisional order granting a petition filed under (a)                           
27       of this section unless                                                                                            
28                 (1)  an objection is made and the objector establishes that transfer of the                             
29       proceeding would be contrary to the interests of the incapacitated or protected person;                           
30       or                                                                                                                
31                 (2)  the guardian or conservator is ineligible for an appointment in this                               
01       state.                                                                                                            
02            (e)  The court shall issue a final order accepting the proceeding and appointing                             
03       the guardian or conservator as guardian or conservator in this state on its receipt from                          
04       the court from which the proceeding is being transferred of a final order issued under                            
05       provisions similar to AS 13.27.200 transferring the proceeding to this state.                                     
06            (f)  Not later than 90 days after issuance of a final order accepting transfer of a                          
07       guardianship or conservatorship, the court shall determine whether the guardianship or                            
08       conservatorship needs to be modified to conform to the law of this state.                                         
09            (g)  In granting a petition under this section, the court shall recognize a                                  
10       guardianship or conservatorship order from the other state, including the determination                           
11       of the incapacitated or protected person's incapacity and the appointment of the                                  
12       guardian or conservator.                                                                                          
13            (h)  The denial by a court of this state of a petition to accept a guardianship or                           
14       conservatorship transferred from another state does not affect the ability of the                                 
15       guardian or conservator to seek appointment as guardian or conservator in this state                              
16       under AS 13.26.116 or 13.26.165 if the court has jurisdiction to make an appointment                              
17       other than by reason of the provisional order of transfer.                                                        
18         Article 4. Registration and Recognition of Orders from Other States.                                          
19            Sec. 13.27.300. Registration of guardianship orders. If a guardian has been                                
20       appointed in another state and a petition for the appointment of a guardian is not                                
21       pending in this state, the guardian appointed in the other state, after giving notice to                          
22       the appointing court of an intent to register, may register the guardianship order in this                        
23       state by filing as a foreign judgment in a court, in any appropriate judicial district of                         
24       this state, certified copies of the order and letters of office.                                                  
25            Sec. 13.27.310. Registration of protective orders. If a conservator has been                               
26       appointed in another state and a petition for a protective order is not pending in this                           
27       state, the conservator appointed in the other state, after giving notice to the appointing                        
28       court of an intent to register, may register the protective order in this state by filing as                      
29       a foreign judgment in a court of this state, in any judicial district in which property                           
30       belonging to the protected person is located, certified copies of the order and letters of                        
31       office and of any bond.                                                                                           
01            Sec. 13.27.320. Effect of registration. (a) On registration of a guardianship or                           
02       protective order from another state, the guardian or conservator may exercise in this                             
03       state all powers authorized in the order of appointment except as prohibited under the                            
04       laws of this state, including maintaining actions and proceedings in this state and, if                           
05       the guardian or conservator is not a resident of this state, subject to any conditions                            
06       imposed on nonresident parties.                                                                                   
07            (b)  A court of this state may grant any relief available under this chapter and                             
08       other law of this state to enforce a registered order.                                                            
09                     Article 5. Miscellaneous Provisions.                                                              
10            Sec. 13.27.400. Uniformity of application and construction. In applying and                                
11       construing this chapter, consideration shall be given to the need to promote uniformity                           
12       of the law with respect to its subject matter among states that enact it.                                         
13            Sec. 13.27.410. Relation to Electronic Signatures in Global and National                                   
14       Commerce Act. This chapter modifies, limits, and supersedes 15 U.S.C. 7001, et seq.                             
15       (Electronic Signatures in Global and National Commerce Act), but does not modify,                                 
16       limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the                             
17       notices described in 15 U.S.C. 7003(6).                                                                           
18            Sec. 13.27.420. Relation to AS 13.26. Nothing in this chapter limits the rights                            
19       of an incapacitated person available in a guardianship or conservatorship proceeding                              
20       in this state under AS 13.26.                                                                                     
21                       Article 6. General Provisions.                                                                  
22            Sec. 13.27.490. Definitions. In this chapter,                                                              
23                 (1)  "adult" means an individual who has reached 18 years of age;                                       
24                 (2)  "conservator" means a person appointed by the court to administer                                  
25       the property of an adult, including a person appointed under AS 13.26.165;                                        
26                 (3)  "guardian" means a person appointed by the court to make                                           
27       decisions regarding the person of an adult, including a person appointed under                                    
28       AS 13.26.116; however, if the person was appointed as a full guardian under                                       
29       AS 13.26, the person has the powers and duties set out under AS 13.26.150;                                        
30                 (4)  "guardianship order" means an order appointing a guardian;                                         
31                 (5)  "guardianship proceeding" means a judicial proceeding in which an                                  
01       order for the appointment of a guardian is sought or has been issued;                                             
02                 (6)  "incapacitated person" means an adult for whom a guardian has                                      
03       been appointed;                                                                                                   
04                 (7)  "party" means the respondent, petitioner, guardian, conservator, or                                
05       any other interested person allowed by the court to participate in a guardianship or                              
06       protective proceeding;                                                                                            
07                 (8)  "person" means, except in the terms incapacitated person or                                        
08       protected person, an individual, corporation, business trust, estate, trust, partnership,                         
09       limited liability company, association, joint venture, public corporation, government                             
10       or governmental subdivision, agency, or instrumentality, or any other legal or                                    
11       commercial entity;                                                                                                
12                 (9)  "protected person" means an adult for whom a protective order has                                  
13       been issued;                                                                                                      
14                 (10)  "protective order" means an order appointing a conservator or                                     
15       other court order related to management of an adult's property;                                                   
16                 (11)  "protective proceeding" means a judicial proceeding in which a                                    
17       protective order is sought or has been issued;                                                                    
18                 (12)  "record" means information that is inscribed on a tangible                                        
19       medium or that is stored in an electronic or other medium and is retrievable in                                   
20       perceivable form;                                                                                                 
21                 (13)  "respondent" means an adult for whom a protective order or the                                    
22       appointment of a guardian is sought;                                                                              
23                 (14)  "state" means a state of the United States, the District of                                       
24       Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular                              
25       possession subject to the jurisdiction of the United States.                                                      
26            Sec. 13.27.495. Short title. This chapter may be cited as the Uniform Adult                                
27       Guardianship and Protective Proceedings Jurisdiction Act.                                                         
28    * Sec. 30. AS 47.10.115(c) is amended to read:                                                                     
29            (c)  Notwithstanding (b)(1) - (3) of this section, the department may not                                    
30       distribute the proceeds of a trust under this section if the payment would be made to a                           
31       guardian of a child who had been in the custody of the department immediately before                              
01       the establishment of the guardianship, unless the guardianship was established under                              
02       AS 13.26.090 - 13.26.150 [AS 13.26.090 - 13.26.155].                                                        
03    * Sec. 31. AS 08.26.040 and AS 13.26.155 are repealed.                                                             
04    * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to                         
05 read:                                                                                                                   
06       APPLICABILITY. (a) Except as provided in (b) of this section, AS 13.27, enacted by                                
07 sec. 29 of this Act, applies to guardianship and protective proceedings that begin on or after                          
08 the effective date of this Act.                                                                                         
09       (b)  For guardianship and protective proceedings begun before the effective date of                               
10 this Act, regardless of whether a guardianship or protective order has been issued,                                     
11 AS 13.27.010 - 13.27.040, 13.27.200, 13.27.210, 13.27.300 - 13.27.320, 13.27.400,                                       
12 13.27.410, and 13.27.490, as enacted by sec. 29 of this Act, apply.                                                     
13    * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15       TRANSITION. A person who is not an individual who, on the effective date of this                                  
16 Act, has a current organizational license issued by the Department of Commerce, Community,                              
17 and Economic Development under AS 08.26.040 may continue to provide guardianship and                                    
18 conservatorship services under the requirements of AS 08.26 until the license expires. Each                             
19 individual who, on the effective date of this Act, performs guardianship or conservatorship                             
20 services under a current organizational license must apply for and receive an individual                                
21 license issued under AS 08.26 within 60 days after the expiration of the organizational license                         
22 in order to continue to provide guardianship or conservatorship services.