SB 190: "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 the Alaska Rules of Probate Procedure, and Rule 77(c), Alaska Rules of Civil Procedure; and providing for an effective date."
00 SENATE BILL NO. 190 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 the Alaska Rules of Probate Procedure, and Rule 77(c), 04 Alaska Rules of Civil Procedure; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 04.16.051(b) is amended to read: 07 (b) This section does not prohibit the furnishing or delivery of an alcoholic 08 beverage 09 (1) by a parent to the parent's child, by a guardian to the individual 10 subject to guardianship [GUARDIAN'S WARD], or by a person to the legal spouse 11 of that person if the furnishing or delivery occurs off licensed premises; or 12 (2) by a licensed physician or nurse to a patient in the course of 13 administering medical treatment. 14 * Sec. 2. AS 06.05.180 is amended to read:
01 Sec. 06.05.180. Fiduciary and other powers authorized. Every bank 02 organized under this chapter, subject to the restrictions and limitations of laws and the 03 regulations of the department, may 04 (1) act as trustee under any mortgage or bond issued by the state, or 05 any municipality, body politic, or corporation, foreign or domestic, and accept and 06 execute any municipal or corporate trust not prohibited by the laws of this state; 07 (2) accept a trust from, and execute a trust for, a married person in 08 respect to the married person's separate property, and act as agent in the management 09 of the property or transact any business in relation to the property; 10 (3) act under the order or appointment of a court of competent 11 jurisdiction, including any probate court, as custodian, receiver, or trustee of the estate 12 of a minor, and as depository of money paid into court for the benefit of any person, 13 corporation, or party, and in any other fiduciary capacity; 14 (4) act under the order or appointment of a court of competent 15 jurisdiction, including any probate court, as trustee, custodian, receiver or committee 16 of the estate of an incapacitated person, as defined in AS 13.29.590(b) 17 [AS 13.26.005], or of a spendthrift, or as receiver or committee of the property or 18 estate of a person in insolvency or bankruptcy proceedings; 19 (5) act as executor or administrator with or without the will annexed of 20 the estate of a deceased person; 21 (6) accept and execute any legal trust, duty, and power in regard to the 22 holding, management, and disposition of any estate, real or personal, wherever 23 located, and the rents and profits from it, or the sale of it, as may be granted or 24 confided to it by a court of competent jurisdiction, including any probate court, or by 25 any person, corporation, municipality, or other authority, and is accountable to all 26 parties in interest for the faithful discharge of every trust, duty, or power which it may 27 accept; 28 (7) accept and execute any trust or power conferred upon it by any 29 person or any body politic or domestic or foreign corporation, or any other authority, 30 grant, assignment, transfer, devise, bequest, or otherwise, or which may be entrusted 31 or committed or transferred to it by order of a court of competent jurisdiction,
01 including any probate court; 02 (8) receive, manage, hold, and dispose of according to the terms of any 03 trust or power any property or estate, real or personal, which may be the subject of any 04 such trust or power; 05 (9) act as the fiscal or transfer agent of the United States or of any 06 state, territory, municipality, or other body politic, and in this capacity may receive 07 and disburse money, transfer, register, and countersign certificates of stocks, bonds, or 08 other evidences of indebtedness; 09 (10) whenever the instrument or power governing the fiduciary 10 relationship directs, requires, authorizes, or permits investment in obligations of the 11 United States government, or its agencies or instrumentalities, invest in those 12 obligations either directly or in the form of securities of, or other interests in, an open- 13 end or closed-end management type investment company or investment trust 14 registered under 15 U.S.C. 80a-1 - 80a-64 (Investment Company Act of 1940) if 15 (A) the portfolio of the investment company or investment trust 16 is limited to 17 (i) obligations of the United States government, or its 18 agencies or instrumentalities; 19 (ii) repurchase agreements fully collateralized by the 20 obligations identified in (i) of this subparagraph; and 21 (iii) securities of, or other interests in, other open-end or 22 closed-end management type investment companies or investment 23 trusts registered under 15 U.S.C. 80a-1 - 80a-64 whose portfolios are 24 limited to the obligations and repurchase agreements identified in (i) 25 and (ii) of this subparagraph; and 26 (B) the investment company or investment trust takes delivery 27 of the collateral for any repurchase agreement directly or through an authorized 28 custodian. 29 * Sec. 3. AS 06.26.020(a) is amended to read: 30 (a) Notwithstanding any other provision of this chapter, a person does not act 31 as a fiduciary under this chapter if the person
01 (1) is licensed to practice law in this state, the person is acting within 02 the scope of the license, and the person and any law firm of the person are not trustees 03 of more trusts than the number established for the person and law firm by the 04 department by regulation or order; in this paragraph, "law firm" means a partnership, a 05 professional corporation organized under AS 10.45, or another association organized 06 for the practice of law and in which the person practices law; 07 (2) acts as trustee under a deed of trust delivered only as security for 08 the payment of money or for the performance of another act; 09 (3) receives and distributes on behalf of a principal rents and proceeds 10 of sales as a real estate broker or other licensee under AS 08.88; 11 (4) engages in securities business activity as a registered broker-dealer, 12 a broker-dealer agent, an investment adviser, or an investment adviser representative, 13 or as a federal covered investment adviser who has made a notice filing under 14 AS 45.56.360(c), the person is acting within the scope of the person's registration or 15 notice filing, and the activity is regulated by the department under AS 45.56 or by the 16 United States Securities and Exchange Commission; in this paragraph, "agent," 17 "broker-dealer," "federal covered investment adviser," "investment adviser," 18 "investment adviser representative," and "securities business" have the meanings given 19 in AS 45.56.900; 20 (5) engages in the sale and administration of an insurance product as 21 an insurance company licensed under AS 21 or an insurance producer licensed under 22 AS 21 and is acting within the scope of that license; 23 (6) handles escrow transactions and is a title insurance company that 24 has a certificate of authority issued under AS 21.09, a title insurance limited producer 25 that is licensed as required by AS 21.66.270, or an employee of the title insurance 26 company or title insurance producer when acting in the scope of the employee's 27 employment; in this paragraph, 28 (A) "escrow transaction" has the meaning given in 29 AS 34.80.090; 30 (B) "title insurance company" has the meaning given in 31 AS 21.66.480;
01 (C) "title insurance limited producer" has the meaning given in 02 AS 21.66.480; 03 (7) is a cemetery association organized and acting under AS 10.30; 04 (8) is a trustee for a voting trust under AS 10.06 and is acting in that 05 capacity; 06 (9) has a certified public accountant license issued under AS 08.04.105 07 or 08.04.195, the person is acting within the scope of the license, and the person and 08 any accounting firm of the person are not trustees of more trusts than the number 09 established for the person and accounting firm by the department by regulation or 10 order; in this paragraph, "accounting firm" means a partnership, a professional 11 corporation organized under AS 10.45, or another association organized for the 12 practice of public accounting and in which the person practices public accounting; 13 (10) holds real property in trust for the primary purpose of subdivision, 14 development, or sale or to facilitate a business transaction with respect to the real 15 property; 16 (11) serves as a trustee of a trust created by the person's family 17 members; 18 (12) holds money or other assets as a homeowners' association or 19 similar organization to pay maintenance and other related costs for commonly owned 20 property; in this paragraph, "homeowners' association" includes an association of 21 apartment owners under AS 34.07.450 and a unit owners' association or master 22 association under AS 34.08.990; 23 (13) holds money or other assets in connection with the collection of 24 debts or payments on loans by a person acting solely as the agent or representative at 25 the sole direction of the person to whom the debt or payment is owed, including 26 engaging in the business of an escrow agent; 27 (14) acts as a conservator if the person is appointed by a court of this 28 or another state or is qualified to act as a conservator under AS 13.29.420(d) 29 [AS 13.26.580]; 30 (15) acts as a personal representative if the person is appointed a 31 personal representative by a court of this or another state or is qualified to act as a
01 personal representative under AS 13.21.035; 02 (16) acts as a guardian or receiver if the person is appointed as a 03 guardian or receiver by a court of this or another state; 04 (17) is a business partner acting with regard to the business, or a co- 05 owner of property acting with regard to the co-owned property; 06 (18) serves as a trustee of one or more trusts in which the settlor is not 07 a family member of the person, except that the person may not at any one time serve 08 as a trustee for trusts that cumulatively have more than 10 different settlors; however, 09 the department may change by regulation or order the maximum number of settlors 10 allowed for this exemption; in this paragraph, a husband and wife who create a joint 11 trust are considered to be one settlor. 12 * Sec. 4. AS 06.26.050(a) is amended to read: 13 (a) A trust company may perform any act as a fiduciary that a state financial 14 institution, or a national bank exclusively exercising trust powers, may perform, 15 including 16 (1) acting as trustee under a written agreement; 17 (2) receiving money and other property as trustee for investment in 18 real or personal property; 19 (3) acting as a trustee and performing the fiduciary duties committed 20 or transferred to it by a court; 21 (4) receiving money or other assets under AS 06.35; 22 (5) acting as an executor, an administrator, or a trustee of the estate of 23 a deceased person; 24 (6) acting as a custodian, guardian, conservator, or trustee for a minor 25 [OR] an incapacitated person, or an individual subject to guardianship or 26 conservatorship; 27 (7) acting as a successor fiduciary to a depository; 28 (8) receiving for safekeeping any type of personal property; 29 (9) acting as a custodian, an assignee, a transfer agent, an escrow 30 agent, a registrar, or a receiver; 31 (10) acting as an investment adviser, an agent, or an attorney-in-fact in
01 any agreed upon capacity; 02 (11) exercising additional powers expressly authorized by a regulation 03 adopted under this chapter; and 04 (12) exercising an incidental power that is reasonably necessary to 05 enable it to fully exercise the powers expressly conferred according to commonly 06 accepted fiduciary customs and usage. 07 * Sec. 5. AS 06.65.110(a) is amended to read: 08 (a) A person may act as the representative of an eligible individual under this 09 chapter if the eligible individual is a minor or lacks decision-making capacity and if 10 the person is 11 (1) a parent, guardian, or conservator of the eligible individual; in this 12 paragraph, 13 (A) "conservator" has the meaning given in AS 13.29.590(b) 14 [AS 13.06.050]; 15 (B) "guardian" has the meaning given in AS 13.29.590(b) 16 [AS 13.06.050]; 17 (C) "parent" includes a stepparent; or 18 (2) a trustee of the property of the eligible individual. 19 * Sec. 6. AS 08.26.020(a) is amended to read: 20 (a) The department shall issue a private professional full guardian license to an 21 individual 22 (1) who is at least 21 years of age; 23 (2) who has two or more years of professional client casework 24 experience or at least an associate degree in human services, social work, psychology, 25 sociology, gerontology, special education, or a closely related field; 26 (3) who is certified as a guardian by a nationally recognized 27 organization in the field of guardianships; 28 (4) whose criminal history record checks under AS 08.26.070 show 29 that the individual has not been convicted of a felony or of a misdemeanor offense in 30 the state or in any other jurisdiction involving fraud, misrepresentation, material 31 omission, misappropriation, theft, conversion, or any other crime the department
01 determines would affect the individual's ability to provide the services of a guardian 02 competently and safely for the individual subject to guardianship [PROTECTED 03 PERSON] within 10 years before the application; 04 (5) who satisfies the application requirements of AS 08.26.060; and 05 (6) who satisfies the requirements for obtaining a private professional 06 conservator license under AS 08.26.030. 07 * Sec. 7. AS 08.26.030 is amended to read: 08 Sec. 08.26.030. Requirements for private professional conservator license. 09 The department shall issue a private professional conservator license to an individual 10 (1) who is at least 21 years of age; 11 (2) who has obtained a high school diploma, or a general education 12 development diploma or its equivalent; 13 (3) who has six months' employment experience in a position 14 involving financial management, or has at least an associate degree in accounting or a 15 closely related field; 16 (4) who is certified as a guardian by a nationally recognized 17 organization in the field of guardianships; 18 (5) whose criminal history record checks under AS 08.26.070 show 19 that the individual has not been convicted of a felony or of a misdemeanor offense in 20 the state or in any other jurisdiction involving fraud, misrepresentation, material 21 omission, misappropriation, theft, conversion, or any other crime that the department 22 determines would affect the individual's ability to provide the services of a conservator 23 competently and safely for the individual subject to conservatorship [PROTECTED 24 PERSON] within 10 years before the application; and 25 (6) who satisfies the application requirements of AS 08.26.060. 26 * Sec. 8. AS 08.26.060 is amended to read: 27 Sec. 08.26.060. Application requirements. To apply for a license under this 28 chapter, a person shall submit an application on a form provided by the department 29 and submit 30 (1) two complete fingerprint cards containing fingerprints and other 31 information required by the Department of Public Safety to obtain state and national
01 criminal history record information under AS 12.62 and AS 12.64; 02 (2) a written waiver of confidentiality signed by the applicant allowing 03 the department to access at any time relevant complaint information made about the 04 applicant to adult protective services, the designated protection and advocacy agency, 05 the long term care ombudsman, or an entity that certifies or licenses private 06 professional guardians or private professional conservators; 07 (3) a written statement signed by the applicant that the applicant will 08 allow immediate access at any time to the department to the file of an individual 09 subject to guardianship or conservatorship [A WARD OR PROTECTED 10 PERSON] and to financial information regarding the applicant, including corporate or 11 other business records; and 12 (4) payment of the application fee, any criminal history record 13 information checks fee charged under AS 12.62.160(d), and any other fees required by 14 the department. 15 * Sec. 9. AS 08.26.080(a) is amended to read: 16 (a) Within 30 days following the end of each calendar year, a licensee shall 17 submit to the office of public advocacy, Department of Administration 18 (1) evidence of the continuing existence of a court ordered bond, if 19 any, required by a court to be maintained by the guardian or conservator; 20 (2) a list, including case numbers, of the individuals subject to 21 guardianship or conservatorship [WARDS AND PROTECTED PERSONS] for 22 whom the licensee is acting as a private professional guardian or private professional 23 conservator; 24 (3) an accurate financial statement of the licensee, including total fees 25 collected from the individual subject to conservatorship [PROTECTED PERSON], 26 total business expenses, and documents necessary to establish financial solvency of 27 the licensee; 28 (4) a letter stating that the licensee has filed all required court reports 29 in the previous calendar year; and 30 (5) a copy of all of the licensee's federal tax documents filed with the 31 Internal Revenue Service and all of the licensee's correspondence with the Internal
01 Revenue Service for the calendar year. 02 * Sec. 10. AS 08.26.090 is amended to read: 03 Sec. 08.26.090. Submission of court reports to department. Upon request of 04 the department, a licensee shall submit to the department a copy of the reports that the 05 licensee is required to submit to a court under AS 13.29 [AS 13.26]. 06 * Sec. 11. AS 08.26.110(a) is amended to read: 07 (a) A licensee may not receive a payment for services rendered to an 08 individual subject to guardianship or conservatorship [A WARD OR A 09 PROTECTED PERSON] until the licensee obtains court approval of a proposed fee 10 schedule. The fee schedule must include a statement of the hourly fee for professional 11 and administrative services and a monthly maximum amount that the licensee can 12 charge the individual subject to guardianship or conservatorship [WARD OR 13 PROTECTED PERSON]. 14 * Sec. 12. AS 08.26.120 is amended to read: 15 Sec. 08.26.120. Required notification. A licensee shall notify the department 16 immediately if 17 (1) the licensee fails to file a report to the court required by this 18 chapter; 19 (2) the licensee has been removed as a guardian or conservator for an 20 individual subject to guardianship or conservatorship [A WARD OR 21 PROTECTED PERSON]; 22 (3) the licensee has received a gift with a value of more than $100 23 from an individual subject to guardianship or conservatorship [A WARD OR 24 PROTECTED PERSON] during the two years before the appointment; 25 (4) the licensee has an interest in an enterprise that provides services to 26 the individual subject to guardianship or conservatorship [WARD OR 27 PROTECTED PERSON]; 28 (5) an employee or contractor of the licensee is arrested for any 29 offense; or 30 (6) the licensee has filed for bankruptcy. 31 * Sec. 13. AS 08.26.130 is amended to read:
01 Sec. 08.26.130. Grounds for disciplinary action. The department may take 02 disciplinary action against an individual under AS 08.01.075 or refuse to issue or 03 renew a license if the department determines that the individual 04 (1) obtained or attempted to obtain a license under this chapter through 05 deceit, fraud, or intentional misrepresentation; 06 (2) has not complied with the standards of conduct established by the 07 department under AS 13.29.520 [AS 13.26.001]; 08 (3) forfeited a license in this or another jurisdiction as a result of 09 deceit, fraud, intentional misrepresentation, or professional incompetence; 10 (4) has been found by a court in this state to have engaged in 11 professional misconduct or incompetence; 12 (5) has advertised the individual's services in a false or misleading 13 manner; 14 (6) has been convicted, including a conviction based on a guilty plea or 15 plea of nolo contendere, of a felony or other crime that affects the individual's ability 16 to provide services competently and safely for the individual subject to 17 guardianship or conservatorship [WARD OR PROTECTED PERSON]; 18 (7) has been found to have abandoned, exploited, abused, or neglected 19 a vulnerable adult; in this paragraph, "vulnerable adult" has the meaning given in 20 AS 47.24.900; 21 (8) has failed to comply with this chapter or with a regulation adopted 22 under this chapter; 23 (9) has continued or attempted to practice after becoming unfit due to 24 professional incompetence; 25 (10) has failed to maintain certification by a nationally recognized 26 organization in the field of 27 (A) guardianships, if the individual was issued a private 28 professional guardian license; or 29 (B) conservatorships, if the individual was issued a private 30 professional conservator license; or 31 (11) fails to maintain a bond or other surety as required by a court
01 order. 02 * Sec. 14. AS 08.26.140 is amended to read: 03 Sec. 08.26.140. Petition by department. In addition to the disciplinary actions 04 allowed under AS 08.01.075, the department may petition a court to review the 05 conduct of a licensee if the department determines that the conduct of the licensee may 06 not be in the best interests of the individual subject to guardianship or 07 conservatorship [WARD OR PROTECTED PERSON]. 08 * Sec. 15. AS 08.26.190(1) is amended to read: 09 (1) "conservator" has the meaning given in AS 13.29.590(b) 10 [AS 13.06.050]; 11 * Sec. 16. AS 08.26.190(3) is amended to read: 12 (3) "guardian" has the meaning given in AS 13.29.590(b) 13 [AS 13.06.050]; 14 * Sec. 17. 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 - 13.29.315 [13.26.401 - 13.26.580] and receives 17 compensation for acting in that capacity; 18 * Sec. 18. 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. 19. 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 13.29.590(b); 25 (12) "individual subject to guardianship" has the meaning given in 26 AS 13.29.590(b). 27 * Sec. 20. 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. 21. 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. 22. 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 13.29.325(b)(2), 13.29.330(c)(2) or (d), or 20 former AS 13.26.450 - 13.26.460 and knowingly commits or attempts to commit an 21 act with reckless disregard that the act violates or would violate a provision of the 22 protective order. 23 * Sec. 23. 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 13.29.325(b)(2), 13.29.330(c)(2) or (d), or former 26 AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.870, or AS 18.66.100 - 18.66.180. 27 * Sec. 24. 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] incapacitated persons, 31 and individuals subject to guardianship or conservatorship;
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. 25. 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. 26. AS 13.06.050(7) is amended to read: 18 (7) "conservator" has the meaning given in AS 13.29.590(b) 19 [MEANS A PERSON WHO IS APPOINTED BY A COURT TO MANAGE THE 20 ESTATE OF A PROTECTED PERSON]; 21 * Sec. 27. AS 13.06.050(12) is amended to read: 22 (12) "disability" means a cause for a conservatorship or protective 23 arrangement instead of conservatorship under AS 13.29 [PROTECTIVE ORDER 24 AS DESCRIBED IN AS 13.26.401]; 25 * Sec. 28. AS 13.06.050(22) is amended to read: 26 (22) "guardian" has the meaning given in AS 13.29.590(b) [MEANS 27 A PERSON WHO HAS QUALIFIED AS A GUARDIAN OF A MINOR OR 28 INCAPACITATED PERSON IN ACCORDANCE WITH TESTAMENTARY OR 29 COURT APPOINTMENT, BUT EXCLUDES A PERSON WHO IS MERELY A 30 GUARDIAN AD LITEM]; 31 * Sec. 29. AS 13.06.050(26) is amended to read:
01 (26) "interested person" includes heirs, devisees, children, spouses, 02 creditors, beneficiaries, and other persons having property rights in or claims against a 03 trust estate or the estate of a decedent or individual subject to guardianship or 04 conservatorship [, WARD, OR PROTECTED PERSON]; "interested person" also 05 includes persons having priority for appointment as personal representative, and other 06 fiduciaries representing interested persons; "interested person," as it relates to 07 particular persons, may vary from time to time and its meaning shall be determined 08 according to the particular purposes of, and matter involved in, a proceeding; 09 * Sec. 30. AS 13.06.050(59) is amended to read: 10 (59) "trust" includes an express trust, private or charitable, with 11 additions to the trust, wherever and however created; "trust" also includes a trust 12 created or determined by judgment or decree under which the trust is to be 13 administered in the manner of an express trust; "trust" excludes other constructive 14 trusts, resulting trusts, conservatorships, personal representatives, trust accounts that 15 are POD designation accounts under AS 13.33.201 - 13.33.227, custodial 16 arrangements under AS 13.29 [AS 13.26] or AS 13.46, business trusts providing for 17 certificates to be issued to beneficiaries, common trust funds, voting trusts, security 18 arrangements, liquidation trusts, trusts for the primary purpose of paying debts, 19 dividends, interest, salaries, wages, profits, pensions, or employee benefits of any 20 kind, and any arrangement under which a person is nominee or escrowee for another; 21 * Sec. 31. AS 13.06.050 is amended by adding new paragraphs to read: 22 (63) "individual subject to conservatorship" has the meaning given in 23 AS 13.29.590(b); 24 (64) "individual subject to guardianship" has the meaning given in 25 AS 13.29.590(b). 26 * Sec. 32. AS 13.06.060 is amended to read: 27 Sec. 13.06.060. Applicability. Except as otherwise provided in AS 13.06 - 28 AS 13.36, AS 13.06 - AS 13.36 apply to 29 (1) the affairs and estates of decedents, missing persons, and persons to 30 be protected, domiciled in this state; 31 (2) the property of nonresidents located in this state or property
01 coming into the control of a fiduciary who is subject to the laws of this state; 02 (3) individuals subject to guardianship or conservatorship, 03 incapacitated persons, and minors in this state; 04 (4) survivorship and related accounts in this state; and 05 (5) trusts subject to administration in this state. 06 * Sec. 33. AS 13.06.065 is amended to read: 07 Sec. 13.06.065. Subject matter jurisdiction. To the full extent permitted by 08 the constitution, the court has jurisdiction over all subject matter relating to 09 (1) estates of decedents, including construction of wills and 10 determination of heirs and successors of decedents, and estates of individuals subject 11 to conservatorship [PROTECTED PERSONS]; and 12 (2) [PROTECTION OF MINORS AND INCAPACITATED 13 PERSONS; AND 14 (3)] trusts. 15 * Sec. 34. AS 13.06.070(b) is amended to read: 16 (b) If proceedings concerning the same estate [, PROTECTED PERSON, 17 WARD,] or trust are commenced in more than one court of this state, the court in 18 which the proceeding was first commenced shall continue to hear the matter, and the 19 other courts shall hold the matter in abeyance until the question of venue is decided, 20 and if the ruling court determines that venue is properly in another court, it shall 21 transfer the proceeding to the other court. 22 * Sec. 35. 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. 36. 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. 37. 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. 38. 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 or 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. 39. 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. 40. AS 13.26.635(a) is amended to read: 03 (a) The following persons may petition a court in accordance with the 04 provisions of AS 13.29 [AS 13.26.401 - 13.26.595] to construe a power of attorney, 05 review the agent's conduct, and grant appropriate relief: 06 (1) the principal or the agent; 07 (2) the principal's attorney or other legal representative; 08 (3) a guardian, conservator, or other fiduciary acting for the principal; 09 (4) a person authorized to make health care decisions for the principal; 10 (5) the principal's spouse, parent, or descendant; 11 (6) an individual who would qualify as a presumptive heir of the 12 principal; 13 (7) a person named as a beneficiary to receive any property, benefit, or 14 contractual right on the principal's death or as a beneficiary of a trust created by or for 15 the principal that has a financial interest in the principal's estate; 16 (8) the Department of Health, the Department of Administration, the 17 office of the long term care ombudsman, or other governmental agency having 18 statutory authority to protect the welfare of the principal; 19 (9) the principal's caregiver, custodian, or another person that 20 demonstrates sufficient interest in the principal's welfare; and 21 (10) a person asked to accept the power of attorney. 22 * Sec. 41. AS 13.26.700 is amended to read: 23 Sec. 13.26.700. Purpose. The legislature recognizes that many Alaskans [, 24 FOR REASONS OF INCAPACITY OR MINORITY,] are in need of a guardian or 25 conservator and [. OFTEN THESE PERSONS] cannot find a person able and willing 26 to serve as guardian or conservator. The legislature intends through AS 13.26.700 - 27 13.26.750 to establish the function of public guardian for the purpose of furnishing 28 guardianship and conservatorship services. It further intends by establishing this 29 function to provide assistance to guardians throughout the state in securing necessary 30 services for individuals subject to guardianship [THEIR WARDS] and to assist the 31 courts, attorneys, visitors, respondents, and proposed guardians in the orderly and
01 expeditious handling of guardianship proceedings. 02 * Sec. 42. AS 13.26.710(b) is amended to read: 03 (b) A court may order the public guardian to provide a [ACT AS] full 04 guardianship [GUARDIAN], limited guardianship [PARTIAL GUARDIAN], full 05 conservatorship [CONSERVATOR], or limited conservatorship [SPECIAL 06 CONSERVATOR] for a person who is determined under AS 13.29 or this chapter to 07 be in need of guardianship or conservatorship service if no person or private 08 guardianship association is willing and qualified to perform the function. 09 * Sec. 43. AS 13.26.720(a) is amended to read: 10 (a) The public guardian has the same powers and duties when acting as a 11 guardian or conservator for an individual subject to guardianship or 12 conservatorship [WITH RESPECT TO THE PUBLIC GUARDIAN'S WARDS AND 13 PROTECTED PERSONS] as a private guardian or conservator. 14 * Sec. 44. AS 13.26.720(b) is amended to read: 15 (b) The public guardian, when appointed as guardian or conservator, shall 16 endeavor, for as long as practical, to find a suitable private guardian or conservator for 17 the individual subject to guardianship or conservatorship [PUBLIC 18 GUARDIAN'S WARD OR PROTECTED PERSON]. For each individual subject to 19 guardianship or conservatorship [WARD AND PROTECTED PERSON], the 20 public guardian shall include in the [ITS] annual reports required [REPORT] under 21 AS 13.29.140 and 13.29.265 [AS 13.26.276(a)] to the court having jurisdiction of the 22 individual subject to guardianship or conservatorship [WARD OR PROTECTED 23 PERSON] information on the availability of a private guardian or conservator. 24 * Sec. 45. AS 13.26.720(c) is amended to read: 25 (c) The public guardian shall 26 (1) establish and maintain relationships with governmental, public, and 27 private agencies, institutions, and organizations to assure the most effective 28 guardianship or conservatorship program for each individual subject to 29 guardianship or conservatorship [WARD AND PROTECTED PERSON]; 30 (2) visit each of the public guardian's individuals subject to 31 guardianship or conservatorship [WARDS AND PROTECTED PERSONS] at least
01 once every quarter to monitor their welfare; 02 (3) keep and maintain financial and statistical records of all cases in 03 which the public guardian provides guardianship or conservatorship services; 04 (4) provide information and referrals to the public regarding 05 guardianship and conservatorship proceedings, but not information that would identify 06 a particular case; 07 (5) assist guardians and court-appointed visitors of individuals 08 subject to guardianship [WARDS] and respondents in the preparation and revision 09 of guardianship plans and reports; 10 (6) assist guardians to understand the disabilities of individuals 11 subject to guardianship [WARDS] and to foster the increased independence of 12 individuals subject to guardianship [WARDS]; 13 (7) assist guardians in securing the rights, benefits, and services to 14 which their individuals subject to guardianship [WARDS] are entitled; 15 (8) develop and maintain a current listing of public and private 16 medical, mental health, social advocacy, educational, rehabilitative, counseling, 17 therapeutic, homemaking, recreational, and financial services and programs available 18 to assist individuals subject to guardianship or conservatorship [WARDS AND 19 PROTECTED PERSONS] and their families. 20 * Sec. 46. AS 13.26.730 is amended to read: 21 Sec. 13.26.730. Intervention by public guardian. The public guardian may, 22 on the public guardian's own motion or at the request of the court, intervene in a 23 guardianship or conservatorship proceeding if the public guardian or the court 24 considers the intervention to be justified because 25 (1) an appointed guardian or conservator is not fulfilling duties; 26 (2) the estate is subject to waste as a result of the costs of the 27 guardianship or conservatorship; 28 (3) a willing and qualified guardian or conservator is not available; or 29 (4) the best interests of the individual subject to guardianship or 30 conservatorship [WARD], respondent, [PROTECTED PERSON,] or person who is 31 the subject of a conservatorship proceeding require the intervention.
01 * Sec. 47. AS 13.26.740 is amended to read: 02 Sec. 13.26.740. Staff; delegation of powers and duties. The public guardian 03 may employ staff and delegate to members of the staff or to volunteers the powers and 04 duties as guardian or conservator and other powers and duties under AS 13.29 or this 05 chapter. However, the public guardian retains responsibility for the proper 06 performance of the delegated powers and duties. The public guardian may only 07 delegate powers and duties under AS 13.29 or this chapter to an individual who is not 08 prohibited from being a guardian under AS 13.29.100(d) or (e) or conservator 09 under AS 13.29.200(d) or (e) [MEETS THE ELIGIBILITY REQUIREMENTS OF 10 AS 13.26.311] and has passed the criminal history record information check under 11 AS 08.26.070. In addition, the individual must either hold a current certification as a 12 guardian from a nationally recognized organization at the time of the delegation or 13 apply for and receive that certification within one year of the delegation. 14 * Sec. 48. AS 13.26.750(a) is amended to read: 15 (a) The commissioner of administration may establish by regulation a 16 schedule of reasonable fees for the costs of the public guardian's services. The fee 17 schedule established may be based on [UPON] the ability of the individual subject to 18 guardianship or conservatorship [WARD OR PROTECTED PERSON] to pay for 19 guardian services but may not exceed the actual cost of providing public guardian 20 services. The office of public advocacy shall charge and collect the fees established 21 under this subsection, but may waive collection of a fee upon a finding that collection 22 is not economically feasible or in the public interest. 23 * Sec. 49. AS 13.26.750(c) is amended to read: 24 (c) The public guardian may investigate the financial status of (1) a person 25 who requests the appointment of the public guardian as the person's guardian or 26 conservator; and (2) an individual subject to guardianship [A WARD] for whom a 27 court has appointed the public guardian. 28 * Sec. 50. AS 13.26.750(e) is amended to read: 29 (e) Before the office of public advocacy releases the [A WARD'S] funds of an 30 individual subject to guardianship following the termination of the public guardian's 31 appointment, the office may collect from the [WARD'S] funds of the individual
01 subject to guardianship held by the office the reasonable value of the services 02 rendered without cost to the individual subject to guardianship or conservatorship 03 [WARD OR PROTECTED PERSON]. 04 * Sec. 51. AS 13.27.030(a) is amended to read: 05 (a) In a guardianship or protective proceeding in this state, a court may request 06 the appropriate court of another state to 07 (1) hold an evidentiary hearing; 08 (2) order a person in that state to produce evidence or give testimony 09 under procedures of that state; 10 (3) order that an evaluation or assessment be made of the respondent; 11 (4) order any appropriate investigation of a person involved in a 12 proceeding; 13 (5) forward to the court a certified copy of the transcript or other 14 record of a hearing under (1) of this subsection or any other proceeding, any evidence 15 otherwise produced under (2) of this subsection, and any evaluation or assessment 16 prepared in compliance with an order under (3) or (4) of this subsection; 17 (6) issue any order necessary to assure the appearance in the 18 proceeding of a person whose presence is necessary for the court to make a 19 determination, including the respondent or the adult subject to guardianship or 20 conservatorship [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 C.F.R. 160.103, as amended. 24 * Sec. 52. AS 13.27.120(a) is amended to read: 25 (a) A court of this state lacking jurisdiction under AS 13.27.110 has special 26 jurisdiction to 27 (1) appoint a guardian in an emergency for a term not exceeding 90 28 days for a respondent who is physically present in this state; 29 (2) issue a protective order with respect to real or tangible personal 30 property located in this state; 31 (3) appoint a guardian or conservator for an adult subject to
01 guardianship or conservatorship [INCAPACITATED OR PROTECTED PERSON] 02 for whom a provisional order to transfer the proceeding from another state has been 03 issued under procedures similar to AS 13.27.200. 04 * Sec. 53. AS 13.27.200(c) is amended to read: 05 (c) On the court's own motion or on request of the guardian or conservator, the 06 adult subject to guardianship or conservatorship [INCAPACITATED OR 07 PROTECTED PERSON], or other person required to be notified of the petition, the 08 court shall hold a hearing on a petition filed under (a) of this section. 09 * Sec. 54. AS 13.27.200(d) is amended to read: 10 (d) The court shall issue an order provisionally granting a petition to transfer a 11 guardianship and shall direct the guardian to petition for guardianship in the other state 12 if the court is satisfied that the guardianship will be accepted by the court in the other 13 state and the court finds that 14 (1) the adult subject to guardianship [INCAPACITATED PERSON] 15 is physically present in or is reasonably expected to move permanently to the other 16 state; 17 (2) an objection to the transfer has not been made or, if an objection 18 has been made, the objector has not established that the transfer would be contrary to 19 the interests of the adult subject to guardianship [INCAPACITATED PERSON]; 20 and 21 (3) plans for care and services for the adult subject to guardianship 22 [INCAPACITATED PERSON] in the other state are reasonable and sufficient. 23 * Sec. 55. AS 13.27.200(e) is amended to read: 24 (e) The court shall issue a provisional order granting a petition to transfer a 25 conservatorship and shall direct the conservator to petition for conservatorship in the 26 other state if the court is satisfied that the conservatorship will be accepted by the 27 court of the other state and the court finds that 28 (1) the adult subject to conservatorship [PROTECTED PERSON] is 29 physically present in or is reasonably expected to move permanently to the other state, 30 or the adult subject to conservatorship [PROTECTED PERSON] has a significant 31 connection to the other state considering the factors set out in AS 13.27.180(3);
01 (2) an objection to the transfer has not been made or, if an objection 02 has been made, the objector has not established that the transfer would be contrary to 03 the interests of the adult subject to conservatorship [PROTECTED PERSON]; and 04 (3) adequate arrangements will be made for management of the 05 [PROTECTED PERSON'S] property of the adult subject to conservatorship. 06 * Sec. 56. AS 13.27.210(c) is amended to read: 07 (c) On the court's own motion or on request of the guardian or conservator, the 08 adult subject to guardianship or conservatorship [INCAPACITATED OR 09 PROTECTED PERSON,] or other person required to be notified of the proceeding, 10 the court may hold a hearing on a petition filed under (a) of this section. 11 * Sec. 57. AS 13.27.210(d) is amended to read: 12 (d) The court shall issue a provisional order granting a petition filed under (a) 13 of this section unless 14 (1) an objection is made and the objector establishes that transfer of the 15 proceeding would be contrary to the interests of the adult subject to guardianship or 16 conservatorship [INCAPACITATED OR PROTECTED PERSON]; or 17 (2) the guardian or conservator is ineligible for an appointment in this 18 state. 19 * Sec. 58. AS 13.27.210(g) is amended to read: 20 (g) In granting a petition under this section, the court shall recognize a 21 guardianship or conservatorship order from the other state, including the determination 22 of the adult subject to guardianship or conservatorship's [INCAPACITATED OR 23 PROTECTED PERSON'S] incapacity and the appointment of the guardian or 24 conservator. 25 * Sec. 59. AS 13.27.210(h) is amended to read: 26 (h) The denial by a court of this state of a petition to accept a guardianship or 27 conservatorship transferred from another state does not affect the ability of the 28 guardian or conservator to seek appointment as guardian or conservator in this state 29 under AS 13.29.060 or 13.29.155 [AS 13.26.266 OR 13.26.401] if the court has 30 jurisdiction to make an appointment other than by reason of the provisional order of 31 transfer.
01 * Sec. 60. AS 13.27.310 is amended to read: 02 Sec. 13.27.310. Registration of protective orders. If a conservator has been 03 appointed in another state and a petition for a protective order is not pending in this 04 state, the conservator appointed in the other state, after giving notice to the appointing 05 court of an intent to register, may register the protective order in this state by filing as 06 a foreign judgment in a court of this state, in any judicial district in which property 07 belonging to the adult subject to conservatorship [PROTECTED PERSON] is 08 located, certified copies of the order and letters of office and of any bond. 09 * Sec. 61. AS 13.27.420 is amended to read: 10 Sec. 13.27.420. Relation to AS 13.29 [AS 13.26]. Nothing in this chapter 11 limits the rights of an adult subject to guardianship or conservatorship 12 [INCAPACITATED PERSON] available in a guardianship or conservatorship 13 proceeding in this state under AS 13.29.060 or 13.29.155 [AS 13.26]. 14 * Sec. 62. AS 13.27.490(2) is amended to read: 15 (2) "conservator" means a person appointed by the court to administer 16 the property of an adult, including a person appointed under AS 13.29.155 17 [AS 13.26.401]; 18 * Sec. 63. AS 13.27.490(3) is amended to read: 19 (3) "guardian" means a person appointed by the court to make 20 decisions regarding the person of an adult, including a person appointed under 21 AS 13.29.060 [AS 13.26.266]; however, if the person was appointed as a full guardian 22 under AS 13.29 [AS 13.26], the person has the powers and duties set out for a 23 guardian of an adult under AS 13.29 [AS 13.26.316]; 24 * Sec. 64. AS 13.27.490(8) is amended to read: 25 (8) "person" means [, EXCEPT IN THE TERMS INCAPACITATED 26 PERSON OR PROTECTED PERSON,] an individual, corporation, business trust, 27 estate, trust, partnership, limited liability company, association, joint venture, public 28 corporation, government or governmental subdivision, agency, or instrumentality, or 29 any other legal or commercial entity; 30 * Sec. 65. AS 13.27.490 is amended by adding new paragraphs to read: 31 (15) "adult subject to conservatorship" means an adult for whom a
01 protective order has been issued; 02 (16) "adult subject to guardianship" means an adult for whom a 03 guardian has been appointed. 04 * Sec. 66. AS 13 is amended by adding a new chapter to read: 05 Chapter 29. Uniform Guardianship, Conservatorship, and Other Protective 06 Arrangements Act. 07 Article 1. Guardianship of Minor. 08 Sec. 13.29.005. Basis for appointment of guardian for minor. (a) A person 09 becomes a guardian for a minor only on appointment by the court. 10 (b) The court may appoint a guardian for a minor who does not have a 11 guardian if the court finds the appointment is in the best interest of the minor and 12 (1) each parent of the minor, after being fully informed of the nature 13 and consequences of guardianship, consents; 14 (2) all parental rights have been terminated; or 15 (3) there is clear and convincing evidence that no parent of the minor 16 is willing or able to exercise the powers the court is granting the guardian. 17 (c) Procedures relating to subsidized guardianships for hard-to-place children 18 are governed by AS 25.23.200 - 25.23.240. 19 (d) In addition to the applicable procedures under this chapter, a guardianship 20 decree and review of a guardianship decree are governed by the procedures 21 established under AS 25.23.180 and, for a child in need of aid, AS 47.10.089, 22 pertaining to voluntary relinquishment of parental rights and retaining of parental 23 privileges in a guardianship decree. 24 Sec. 13.29.010. Petition for appointment of guardian for minor. (a) A 25 minor or other person interested in the welfare of a minor may petition for 26 appointment of a guardian for the minor. 27 (b) A petition under (a) of this section must state the petitioner's name, 28 principal residence and, if different, current street address, relationship to the minor, 29 interest in the appointment, the name and address of any attorney representing the 30 petitioner, and, to the extent known, the following: 31 (1) the minor's name, age, principal residence and, if different, current
01 street address, and, if different, address of the dwelling in which it is proposed the 02 minor will reside if the appointment is made; 03 (2) the name and current street address of the minor's parents; 04 (3) the name and address, if known, of each person that had primary 05 care or custody of the minor for at least 60 days during the two years immediately 06 before the filing of the petition or for at least 730 days during the five years 07 immediately before the filing of the petition; 08 (4) the name and address of any attorney for the minor and any 09 attorney for each parent of the minor; 10 (5) the reason guardianship is sought and would be in the best interest 11 of the minor; 12 (6) the name and address of any proposed guardian and the reason the 13 proposed guardian should be selected; 14 (7) if the minor has property other than personal effects, a general 15 statement of the minor's property with an estimate of its value; 16 (8) whether the minor or any parent of the minor needs an interpreter, 17 translator, or other form of support to communicate effectively with the court or 18 understand court proceedings; 19 (9) whether any other proceeding concerning the care or custody of the 20 minor is pending in any court in this state or another jurisdiction. 21 Sec. 13.29.015. Notice of hearing for appointment of guardian for minor. 22 (a) If a petition is filed under AS 13.29.010, the court shall schedule a hearing and the 23 petitioner shall 24 (1) serve notice of the date, time, and place of the hearing, together 25 with a copy of the petition, personally on each of the following that is not the 26 petitioner: 27 (A) the minor, if the minor will be 12 years of age or older at 28 the time of the hearing; 29 (B) each parent of the minor or, if there is none, the adult 30 nearest in kinship who can be found with reasonable diligence; 31 (C) any adult with whom the minor resides;
01 (D) each person that had primary care or custody of the minor 02 for at least 60 days during the two years immediately before the filing of the 03 petition or for at least 730 days during the five years immediately before the 04 filing of the petition; and 05 (E) any other person the court determines should receive 06 personal service of notice; and 07 (2) give notice under AS 13.29.460 of the date, time, and place of the 08 hearing, together with a copy of the petition, to 09 (A) any person nominated as guardian by the minor, if the 10 minor is 12 years of age or older; 11 (B) any person nominated as guardian by a parent of the minor; 12 (C) each grandparent and adult sibling of the minor; 13 (D) any guardian or conservator acting for the minor in any 14 jurisdiction; and 15 (E) any other person the court determines should receive 16 notice. 17 (b) Notice required by (a) of this section must include a statement of the right 18 to request appointment of an attorney for the minor or object to appointment of a 19 guardian and a description of the nature, purpose, and consequences of the 20 appointment of a guardian. 21 (c) The court may not grant a petition for guardianship of a minor if notice 22 substantially complying with (a)(1) of this section is not served on 23 (1) the minor, if the minor is 12 years of age or older; and 24 (2) each parent of the minor, unless the court finds by clear and 25 convincing evidence that the parent cannot with due diligence be located and served or 26 the parent waived, in a record, the right to notice. 27 (d) If a petitioner is unable to serve notice under (a)(1) of this section on a 28 parent of a minor or alleges that the parent waived, in a record, the right to notice 29 under this section, the court shall appoint a visitor who shall 30 (1) interview the petitioner and the minor; 31 (2) if the petitioner alleges the parent cannot be located, ascertain
01 whether the parent cannot be located with due diligence; and 02 (3) investigate any other matter relating to the petition the court 03 directs. 04 Sec. 13.29.020. Attorney for minor or parent. (a) The court shall appoint an 05 attorney to represent a minor who is the subject of a proceeding under AS 13.29.010 if 06 (1) requested by the minor and the minor is 12 years of age or older; 07 (2) recommended by a guardian ad litem; or 08 (3) the court determines the minor needs representation. 09 (b) An attorney appointed under (a) of this section shall 10 (1) make a reasonable effort to ascertain the minor's wishes; 11 (2) advocate for the minor's wishes to the extent reasonably 12 ascertainable; and 13 (3) if the minor's wishes are not reasonably ascertainable, advocate for 14 the best interest of the minor. 15 (c) A minor who is the subject of a proceeding under AS 13.29.010 may retain 16 an attorney to represent the minor in the proceeding. 17 (d) A parent of a minor who is the subject of a proceeding under AS 13.29.010 18 may retain an attorney to represent the parent in the proceeding. 19 Sec. 13.29.025. Attendance and participation at hearing for appointment 20 of guardian for minor. (a) The court shall require a minor who is the subject of a 21 hearing under AS 13.29.015 to attend the hearing and allow the minor to participate in 22 the hearing unless the court determines, by clear and convincing evidence presented at 23 the hearing or a separate hearing, that 24 (1) the minor consistently and repeatedly refused to attend the hearing 25 after being fully informed of the right to attend and, if the minor is 12 years of age or 26 older, the potential consequences of failing to do so; 27 (2) there is no practicable way for the minor to attend the hearing; 28 (3) the minor lacks the ability or maturity to participate meaningfully 29 in the hearing; or 30 (4) attendance would be harmful to the minor. 31 (b) Unless excused by the court for good cause, the person proposed to be
01 appointed as guardian for a minor shall attend a hearing under AS 13.29.015. 02 (c) Each parent of a minor who is the subject of a hearing under AS 13.29.015 03 has the right to attend the hearing. 04 (d) A person may request permission to participate in a hearing under 05 13.29.015. The court may grant the request, with or without hearing, on determining 06 that it is in the best interest of the minor who is the subject of the hearing. The court 07 may impose appropriate conditions on the person's participation. 08 Sec. 13.29.030. Order of appointment; priority of nominee; limited 09 guardianship for minor. (a) After a hearing under AS 13.29.015, the court may 10 appoint a guardian for a minor if appointment is proper under AS 13.29.005, dismiss 11 the proceeding, or take other appropriate action consistent with state law. 12 (b) In appointing a guardian under (a) of this section, the following rules 13 apply: 14 (1) the court shall appoint a person nominated as guardian by a parent 15 of the minor in a will or other record unless the court finds the appointment is contrary 16 to the best interest of the minor; 17 (2) if multiple parents have nominated different persons to serve as 18 guardian, the court shall appoint the nominee whose appointment is in the best interest 19 of the minor, unless the court finds that appointment of the nominees is not in the best 20 interest of the minor; 21 (3) if a guardian is not appointed under (1) or (2) of this subsection, the 22 court shall appoint the person nominated by the minor if the minor is 12 years of age 23 or older unless the court finds that appointment is contrary to the best interest of the 24 minor; in that case, the court shall appoint as guardian a person whose appointment is 25 in the best interest of the minor. 26 (c) In the interest of maintaining or encouraging involvement by a minor's 27 parent in the minor's life, developing self-reliance of the minor, or for other good 28 cause, the court, at the time of appointment of a guardian for the minor or later, on its 29 own or on motion of the minor or another interested person, may create a limited 30 guardianship by limiting the powers otherwise granted to the guardian under 31 AS 13.29.005 - 13.29.055. Following the same procedure, the court may grant
01 additional powers or withdraw powers previously granted. 02 (d) The court, as part of an order appointing a guardian for a minor, shall state 03 rights retained by any parent of the minor, which may include contact or visitation 04 with the minor; decision making regarding the minor's health care, education, or other 05 matters; or access to a record regarding the minor. 06 (e) An order granting a guardianship for a minor must 07 (1) state that each parent of the minor is entitled to notice that 08 (A) the guardian has delegated custody of the minor subject to 09 guardianship; 10 (B) the court has modified or limited the powers of the 11 guardian; or 12 (C) the court has removed the guardian; and 13 (2) identify any person in addition to a parent of the minor who is 14 entitled to notice of the events listed in (1) of this subsection. 15 Sec. 13.29.035. Standby guardian for minor. (a) A standby guardian 16 appointed under this section may act as guardian, with all duties and powers of a 17 guardian under AS 13.29.045 and 13.29.050, if the minor does not have a parent 18 willing or able to exercise the duties and powers granted to the guardian. 19 (b) A parent of a minor, in a signed record, may nominate a person to be 20 appointed by the court as standby guardian for the minor. The parent, in a signed 21 record, may state desired limitations on the powers to be granted to the standby 22 guardian. The parent, in a signed record, may revoke or amend the nomination at any 23 time before the court appoints a standby guardian. 24 (c) The court may appoint a standby guardian for a minor on 25 (1) petition by a parent of the minor or a person nominated as a 26 standby guardian under (b) of this section; and 27 (2) finding that the minor does not have a parent who will likely be 28 able or willing to care for or make decisions with respect to the minor not later than 29 two years after the appointment. 30 (d) A petition under (c)(1) of this section must include the same information 31 required under AS 13.29.010 for the appointment of a guardian for a minor.
01 (e) On filing a petition under (c)(1) of this section, the petitioner shall 02 (1) serve a copy of the petition personally on 03 (A) the minor, if the minor is 12 years of age or older, and the 04 minor's attorney, if any; 05 (B) each parent of the minor; 06 (C) the person nominated as standby guardian; and 07 (D) any other person the court determines should receive a 08 copy; and 09 (2) include with the copy of the petition served under (1) of this 10 subsection a statement of the right to request appointment of an attorney for the minor 11 or to object to appointment of the standby guardian, and a description of the nature, 12 purpose, and consequences of appointment of a standby guardian. 13 (f) Not later than 60 days after service of the petition and statement, a person 14 entitled to notice under (e) of this section may object to appointment of the standby 15 guardian by filing an objection with the court and giving notice of the objection to any 16 other person entitled to notice under (e) of this section. 17 (g) If an objection is filed under (f) of this section, the court shall hold a 18 hearing to determine whether a standby guardian should be appointed and, if so, the 19 person that should be appointed. If no objection is filed, the court may make the 20 appointment. 21 (h) The court may not grant a petition for a standby guardian of the minor if 22 notice substantially complying with (e) of this section is not served on 23 (1) the minor, if the minor is 12 years of age or older; and 24 (2) each parent of the minor, unless the court finds by clear and 25 convincing evidence that the parent, in a record, waived the right to notice or cannot 26 be located and served with due diligence. 27 (i) If a petitioner is unable to serve notice under (e) of this section on a parent 28 of the minor or alleges that a parent of the minor waived the right to notice under this 29 section, the court shall appoint a visitor who shall 30 (1) interview the petitioner and the minor; 31 (2) if the petitioner alleges the parent cannot be located and served,
01 ascertain whether the parent cannot be located with due diligence; and 02 (3) investigate any other matter relating to the petition the court 03 directs. 04 (j) If the court finds under (c) of this section that a standby guardian should be 05 appointed, the following rules apply: 06 (1) the court shall appoint the person nominated under (b) of this 07 section unless the court finds the appointment is contrary to the best interest of the 08 minor; 09 (2) if the parents have nominated different persons to serve as standby 10 guardian, the court shall appoint the nominee whose appointment is in the best interest 11 of the minor, unless the court finds that appointment of the nominees is not in the best 12 interest of the minor. 13 (k) An order appointing a standby guardian under this section must state that 14 each parent of the minor is entitled to notice, and identify any other person entitled to 15 notice, if 16 (1) the standby guardian assumes the duties and powers of the 17 guardian; 18 (2) the guardian delegates custody of the minor; 19 (3) the court modifies or limits the powers of the guardian; or 20 (4) the court removes the guardian. 21 (l) Before assuming the duties and powers of a guardian, a standby guardian 22 must file with the court an acceptance of appointment as guardian and give notice of 23 the acceptance to 24 (1) each parent of the minor, unless the parent, in a record, waived the 25 right to notice or cannot be located and served with due diligence; 26 (2) the minor, if the minor is 12 years of age or older; and 27 (3) any person, other than the parent, having care or custody of the 28 minor. 29 (m) A person that receives notice under (l) of this section or any other person 30 interested in the welfare of the minor may file with the court an objection to the 31 standby guardian's assumption of duties and powers of a guardian. The court shall
01 hold a hearing if the objection supports a reasonable belief that the conditions for 02 assumption of duties and powers have not been satisfied. 03 Sec. 13.29.040. Emergency guardian for minor. (a) On its own, or on 04 petition by a person interested in a minor's welfare, the court may appoint an 05 emergency guardian for the minor if the court finds 06 (1) appointment of an emergency guardian is likely to prevent 07 substantial harm to the minor's health, safety, or welfare; and 08 (2) no other person appears to have authority and willingness to act in 09 the circumstances. 10 (b) The duration of authority of an emergency guardian for a minor may not 11 exceed 60 days and the emergency guardian may exercise only the powers specified in 12 the order of appointment. The emergency guardian's authority may be extended once 13 for not more than 60 days if the court finds that the conditions for appointment of an 14 emergency guardian in (a) of this section continue. 15 (c) Except as otherwise provided in (d) of this section, reasonable notice of the 16 date, time, and place of a hearing on a petition for appointment of an emergency 17 guardian for a minor must be given to 18 (1) the minor, if the minor is 12 years of age or older; 19 (2) any attorney appointed under AS 13.29.020; 20 (3) each parent of the minor; 21 (4) any person, other than a parent, having care or custody of the 22 minor; and 23 (5) any other person the court determines should receive notice. 24 (d) The court may appoint an emergency guardian for a minor without notice 25 under (c) of this section and without a hearing only if the court finds from an affidavit 26 or testimony that the minor's health, safety, or welfare will be substantially harmed 27 before a hearing with notice on the appointment can be held. If the court appoints an 28 emergency guardian without notice to an unrepresented minor or the attorney for a 29 represented minor, notice of the appointment must be given not later than 48 hours 30 after the appointment to the individuals listed in (c) of this section. Not later than five 31 days after the appointment, the court shall hold a hearing on the appropriateness of the
01 appointment. 02 (e) Appointment of an emergency guardian under this section, with or without 03 notice, is not a determination that a basis exists for appointment of a guardian under 04 AS 13.29.005. 05 (f) The court may remove an emergency guardian appointed under this section 06 at any time. The emergency guardian shall make any report the court requires. 07 Sec. 13.29.045. Duties of guardian for minor. (a) A guardian for a minor is a 08 fiduciary. Except as otherwise limited by the court, a guardian for a minor has the 09 duties and responsibilities of a parent regarding the minor's support, care, education, 10 health, safety, and welfare. A guardian shall act in the best interest of the minor and 11 exercise reasonable care, diligence, and prudence. 12 (b) A guardian for a minor shall 13 (1) be personally acquainted with the minor and maintain sufficient 14 contact with the minor to know the minor's abilities, limitations, needs, opportunities, 15 and physical and mental health; 16 (2) take reasonable care of the personal effects of the minor and bring 17 a proceeding for a conservatorship or protective arrangement instead of 18 conservatorship if necessary to protect other property of the minor; 19 (3) expend funds of the minor that have been received by the guardian 20 for the minor's current needs for support, care, education, health, safety, and welfare; 21 (4) conserve any funds of the minor not expended under (3) of this 22 subsection for the future needs of the minor, but if a conservator is appointed for the 23 minor, the guardian shall pay the funds at least quarterly to the conservator to be 24 conserved for the future needs of the minor; 25 (5) report the condition of the minor and account for funds and other 26 property of the minor in the possession or subject to the control of the guardian, as 27 required by court rule or ordered by the court on application of a person interested in 28 the welfare of the minor; 29 (6) inform the court of any change in the dwelling or address of the 30 minor; and 31 (7) in determining what is in the best interest of the minor, take into
01 account the preferences of the minor to the extent actually known or reasonably 02 ascertainable by the guardian. 03 Sec. 13.29.050. Powers of guardian for minor. (a) Except as otherwise 04 limited by court order, a guardian of a minor has the powers a parent otherwise would 05 have regarding the support, care, education, health, safety, and welfare of the minor. 06 (b) Except as otherwise limited by court order, a guardian for a minor may 07 (1) apply for and receive funds and benefits otherwise payable for the 08 support of the minor to the parent, guardian, or custodian of the minor under a 09 statutory system of benefits or insurance or any private contract, devise, trust, 10 conservatorship, or custodianship; 11 (2) unless inconsistent with a court order entitled to recognition in this 12 state, take custody of the minor and establish the place of dwelling of the minor and, 13 on authorization of the court, establish or move the dwelling of the minor outside this 14 state; 15 (3) if the minor is not subject to conservatorship, commence a 16 proceeding, including an administrative proceeding, or take other appropriate action to 17 compel a person to support the minor or make a payment for the benefit of the minor; 18 (4) consent to health or other care, treatment, or service for the minor; 19 or 20 (5) to the extent reasonable, delegate to the minor responsibility for a 21 decision affecting the minor's well-being. 22 (c) The court may authorize a guardian for a minor to consent to the adoption 23 of the minor if the minor does not have a parent. 24 (d) A guardian for a minor may give consent to the marriage of the minor 25 under AS 25.05.171(b). 26 Sec. 13.29.055. Removal of guardian for minor; termination of a 27 guardianship; appointment of successor. (a) Guardianship for a minor under this 28 chapter terminates 29 (1) on the minor's death, adoption, emancipation, or attainment of 30 majority; or 31 (2) when the court finds that the standard for appointment of a
01 guardian under AS 13.29.005 is not satisfied, unless the court finds that 02 (A) termination of the guardianship would be harmful to the 03 minor; and 04 (B) the interest of the minor in the continuation of the 05 guardianship outweighs the interest of any parent of the minor in restoration of 06 the parent's right to make decisions for the minor. 07 (b) A minor subject to guardianship or a person interested in the welfare of the 08 minor may petition the court to terminate the guardianship, modify the guardianship, 09 remove the guardian and appoint a successor guardian, or remove a standby guardian 10 and appoint a different standby guardian. 11 (c) A petitioner under (b) of this section shall give notice of the hearing on the 12 petition to the minor, if the minor is 12 years of age or older and is not the petitioner, 13 the guardian for the minor, each parent of the minor, and any other person the court 14 determines. 15 (d) The court shall follow the priorities under AS 13.29.030(b) when selecting 16 a successor guardian for a minor. 17 (e) Not later than 30 days after appointment of a successor guardian for a 18 minor, the court shall give notice of the appointment to the minor, if the minor is 12 19 years of age or older, each parent of the minor, and any other person the court 20 determines. 21 (f) When terminating a guardianship for a minor under this section, the court 22 may issue an order providing for transitional arrangements that will assist the minor 23 with a transition of custody and is in the best interest of the minor. 24 (g) A guardian for a minor that is removed shall cooperate with a successor 25 guardian to facilitate transition of the guardian's responsibilities and protect the best 26 interest of the minor. 27 Article 2. Guardianship of Adult. 28 Sec. 13.29.060. Basis for appointment of guardian for adult. (a) On petition 29 and after notice and hearing, the court may 30 (1) appoint a guardian for an adult if the court finds by clear and 31 convincing evidence that
01 (A) the respondent lacks the ability to meet essential 02 requirements for physical health, safety, or self-care because the respondent is 03 unable to receive and evaluate information or make or communicate decisions, 04 even with appropriate supportive services, technological assistance, or 05 supported decision making; and 06 (B) the respondent's identified needs cannot be met by a 07 protective arrangement instead of guardianship or other less restrictive 08 alternative; or 09 (2) with appropriate findings, treat the petition as one for a 10 conservatorship under AS 13.29.155 - 13.29.315 or protective arrangement under 11 AS 13.29.320 - 13.29.375, issue any appropriate order, or dismiss the proceeding. 12 (b) The court shall grant a guardian appointed under (a) of this section only 13 those powers necessitated by the demonstrated needs and limitations of the respondent 14 and issue orders that will encourage development of the respondent's maximum self- 15 determination and independence. The court may not establish a full guardianship if a 16 limited guardianship, protective arrangement instead of guardianship, or other less 17 restrictive alternative would meet the needs of the respondent. 18 Sec. 13.29.065. Petition for appointment of guardian for adult. (a) A person 19 interested in an adult's welfare, including the adult for whom the order is sought, may 20 petition for appointment of a guardian for the adult. 21 (b) A petition under (a) of this section must state the petitioner's name, 22 principal residence, current street address, if different, relationship to the respondent, 23 interest in the appointment, the name and address of any attorney representing the 24 petitioner, and, to the extent known, 25 (1) the respondent's name, age, principal residence, current street 26 address, if different, and, if different, address of the dwelling in which it is proposed 27 the respondent will reside if the petition is granted; 28 (2) the name and address of the respondent's 29 (A) spouse or, if the respondent has none, an adult with whom 30 the respondent has shared household responsibilities for more than six months 31 in the 12-month period immediately before the filing of the petition;
01 (B) adult children or, if none, each parent and adult sibling of 02 the respondent, or, if none, at least one adult nearest in kinship to the 03 respondent who can be found with reasonable diligence; and 04 (C) adult stepchildren whom the respondent actively parented 05 during the stepchildren's minor years and with whom the respondent had an 06 ongoing relationship in the two-year period immediately before the filing of 07 the petition; 08 (3) the name and current address of each of the following, if 09 applicable: 10 (A) a person responsible for the care of the respondent; 11 (B) any attorney currently representing the respondent; 12 (C) any representative payee appointed by the United States 13 Social Security Administration for the respondent; 14 (D) a guardian or conservator acting for the respondent in this 15 state or in another jurisdiction; 16 (E) a trustee or custodian of a trust or custodianship of which 17 the respondent is a beneficiary; 18 (F) any fiduciary for the respondent appointed by the United 19 States Department of Veterans Affairs; 20 (G) an agent designated under a durable power of attorney for 21 health care under AS 13.52 in which the respondent is identified as the 22 principal; 23 (H) an agent designated under a power of attorney under 24 AS 13.26 in which the respondent is identified as the principal; 25 (I) a person nominated as guardian by the respondent; 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 proposed guardian and the reason the proposed guardian 29 should be selected; and 30 (L) a person known to have routinely assisted the respondent 31 with decision making during the six months immediately before the filing of
01 the petition; 02 (4) the reason a guardianship is necessary, including a brief description 03 of 04 (A) the nature and extent of the alleged need of the respondent; 05 (B) any protective arrangement instead of guardianship or other 06 less restrictive alternatives for meeting the alleged need of the respondent that 07 have been considered or implemented; 08 (C) if no protective arrangement instead of guardianship or 09 other less restrictive alternatives have been considered or implemented, the 10 reason they have not been considered or implemented; and 11 (D) the reason a protective arrangement instead of guardianship 12 or other less restrictive alternative is insufficient to meet the alleged need of 13 the respondent; 14 (5) whether the petitioner seeks a limited guardianship or full 15 guardianship; 16 (6) if the petitioner seeks a full guardianship, the reason a limited 17 guardianship or protective arrangement instead of guardianship is not appropriate; 18 (7) if a limited guardianship is requested, the powers to be granted to 19 the guardian; 20 (8) the name and current address, if known, of any person with whom 21 the petitioner seeks to limit the respondent's contact; 22 (9) if the respondent has property other than personal effects, a general 23 statement of the property of the respondent, with an estimate of its value, including 24 any insurance or pension, and the source and amount of other anticipated income or 25 receipts; and 26 (10) whether the respondent needs an interpreter, translator, or other 27 form of support to communicate effectively with the court or understand court 28 proceedings. 29 Sec. 13.29.070. Notice of hearing for appointment of guardian for adult. 30 (a) On filing of a petition for appointment of a guardian for an adult under 31 AS 13.29.065, the court shall set a date, time, and place for hearing the petition.
01 (b) A copy of a petition under AS 13.29.065 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 the petition if 06 notice substantially complying with this subsection is not served on the respondent. 07 (c) In a proceeding on a petition under AS 13.29.065, the notice required 08 under (b) of this section must be given to the persons required to be listed in the 09 petition under AS 13.29.065(b)(1) - (3) and any other person the court determines is 10 interested in the welfare of the respondent. Failure to give notice under this subsection 11 does not preclude the court from appointing a guardian. 12 (d) After the appointment of a guardian, notice of a hearing on a petition for 13 an order under AS 13.29.060 - 13.29.150, together with a copy of the petition, must be 14 given to 15 (1) the adult subject to guardianship; 16 (2) the guardian; and 17 (3) any other person the court determines. 18 Sec. 13.29.075. Appointment and role of visitor. (a) On receipt of a petition 19 under AS 13.29.065 for appointment of a guardian for an adult, the court shall appoint 20 a visitor. The visitor must be an individual with training or experience in the type of 21 abilities, limitations, and needs alleged in the petition. 22 (b) A visitor appointed under (a) of this section shall interview the respondent 23 in person and, in a manner the respondent is best able to understand, 24 (1) explain to the respondent the substance of the petition; the nature, 25 purpose, and effect of the proceeding; the rights of the respondent at the hearing on the 26 petition; and the general powers and duties of a guardian; 27 (2) determine the views of the respondent about the appointment 28 sought by the petitioner, including views about a proposed guardian, the proposed 29 powers and duties of the guardian, and the scope and duration of the proposed 30 guardianship; 31 (3) inform the respondent of the respondent's right to employ and
01 consult with an attorney at the respondent's expense and the right to request a court- 02 appointed attorney; and 03 (4) inform the respondent that all costs and expenses of the proceeding, 04 including the respondent's attorney fees, may be paid from the respondent's assets. 05 (c) The visitor appointed under (a) of this section shall 06 (1) interview the petitioner and proposed guardian, if any; 07 (2) visit the present dwelling of the respondent and any dwelling in 08 which it is reasonably believed the respondent will live if the appointment is made; 09 (3) obtain information from any physician or other person known to 10 have treated, advised, or assessed the relevant physical or mental condition of the 11 respondent; and 12 (4) investigate the allegations in the petition and any other matter 13 relating to the petition the court directs. 14 (d) A visitor appointed under (a) of this section shall promptly file a report in 15 a record with the court, which must include 16 (1) a recommendation of whether an attorney should be appointed to 17 represent the respondent; 18 (2) a summary of self-care and independent-living tasks the respondent 19 can manage without assistance or with existing supports, could manage with the 20 assistance of appropriate supportive services, technological assistance, or supported 21 decision making, and cannot manage; 22 (3) a recommendation regarding the appropriateness of guardianship, 23 including whether a protective arrangement instead of guardianship or other less 24 restrictive alternative for meeting the needs of the respondent is available and 25 (A) if a guardianship is recommended, whether it should be full 26 or limited; and 27 (B) if a limited guardianship is recommended, the powers to be 28 granted to the guardian; 29 (4) a statement of the qualifications of the proposed guardian and 30 whether the respondent approves or disapproves of the proposed guardian; 31 (5) a statement of whether the proposed dwelling meets the
01 respondent's needs and whether the respondent has expressed a preference as to 02 residence; 03 (6) a recommendation of whether a professional evaluation under 04 AS 13.29.085 is necessary; 05 (7) a statement of whether the respondent is able to attend a hearing at 06 the location where court proceedings typically are held; 07 (8) a statement of whether the respondent is able to participate in a 08 hearing and that identifies any technology or other form of support that would enhance 09 the ability of the respondent to participate; and 10 (9) any other matter the court directs. 11 Sec. 13.29.080. Appointment and role of attorney for adult. (a) The court 12 shall appoint an attorney to represent the respondent in a proceeding for appointment 13 of a guardian for an adult if 14 (1) the respondent requests an appointment; 15 (2) the visitor recommends an appointment; or 16 (3) the court determines the respondent needs representation. 17 (b) An attorney representing the respondent in a proceeding for appointment 18 of a guardian for an adult shall 19 (1) make reasonable efforts to ascertain the wishes of the respondent; 20 (2) advocate for the wishes of the respondent to the extent reasonably 21 ascertainable; and 22 (3) if the wishes of the respondent are not reasonably ascertainable, 23 advocate for the result that is the least restrictive in type, duration, and scope, 24 consistent with the interests of the respondent. 25 Sec. 13.29.085. Professional evaluation. (a) At or before a hearing on a 26 petition for a guardianship for an adult, the court shall order a professional evaluation 27 of the respondent 28 (1) if the respondent requests the evaluation; or 29 (2) in other cases, unless the court finds that it has sufficient 30 information to determine the needs and abilities of the respondent without the 31 evaluation.
01 (b) If the court orders an evaluation under (a) of this section, the respondent 02 must be examined by a licensed physician, psychologist, social worker, or other 03 individual appointed by the court who is qualified to evaluate the alleged cognitive 04 and functional abilities and limitations of the respondent and does not have a conflict 05 of interest. The individual conducting the evaluation shall promptly file a report in a 06 record with the court. Unless otherwise directed by the court, the report must contain 07 (1) a description of the nature, type, and extent of the cognitive and 08 functional abilities and limitations of the respondent; 09 (2) an evaluation of the respondent's mental and physical condition 10 and, if appropriate, educational potential, adaptive behavior, and social skills; 11 (3) a prognosis for improvement and recommendation for the 12 appropriate treatment, support, or habilitation plan; and 13 (4) the date of the examination on which the report is based. 14 (c) The respondent may decline to participate in an evaluation ordered under 15 (a) of this section. 16 Sec. 13.29.090. Attendance and rights at hearing. (a) Except as otherwise 17 provided in (b) of this section, a hearing under AS 13.29.070 may not proceed unless 18 the respondent attends the hearing. If it is not reasonably feasible for the respondent to 19 attend a hearing at the location where court proceedings typically are held, the court 20 shall make reasonable efforts to hold the hearing at an alternative location convenient 21 to the respondent or allow the respondent to attend the hearing using real-time 22 audiovisual technology. 23 (b) A hearing under AS 13.29.070 may proceed without the respondent in 24 attendance if the court finds by clear and convincing evidence that 25 (1) the respondent consistently and repeatedly has refused to attend the 26 hearing after having been fully informed of the right to attend and the potential 27 consequences of failing to do so; or 28 (2) there is no practicable way for the respondent to attend and 29 participate in the hearing even with appropriate supportive services and technological 30 assistance. 31 (c) The respondent has a right to choose an attorney to represent the
01 respondent at a hearing under AS 13.29.070. 02 (d) At a hearing held under AS 13.29.070, the respondent may 03 (1) present evidence and subpoena witnesses and documents; 04 (2) examine witnesses, including any court-appointed evaluator and 05 the visitor; and 06 (3) otherwise participate in the hearing. 07 (e) Unless excused by the court for good cause, a proposed guardian shall 08 attend a hearing under AS 13.29.070. 09 (f) The court shall close a hearing under AS 13.29.070 upon the respondent's 10 request and showing of good cause. 11 (g) Any person may request to participate in a hearing under AS 13.29.070. 12 The court may grant the request, with or without a hearing, on determining that the 13 best interest of the respondent will be served. The court may impose appropriate 14 conditions on the participation of the person. 15 Sec. 13.29.095. Confidentiality of records. (a) The existence of a proceeding 16 for or the existence of a guardianship for an adult is a matter of public record unless 17 the court seals the record after 18 (1) the respondent or individual subject to guardianship requests that 19 the record be sealed; and 20 (2) either 21 (A) the petition for guardianship is dismissed; or 22 (B) the guardianship is terminated. 23 (b) An adult subject to a proceeding for a guardianship, whether or not a 24 guardian is appointed, an attorney designated by the adult, and a person entitled to 25 notice under AS 13.29.105(e) or a subsequent order are entitled to access court records 26 of the proceeding and resulting guardianship, including the guardian's plan under 27 AS 13.29.135 and report under AS 13.29.140. A person not otherwise entitled to 28 access court records under this subsection for good cause may petition the court for 29 access to court records of the guardianship, including the report and plan of the 30 guardian. The court shall grant access if access is in the best interest of the respondent 31 or adult subject to guardianship or furthers the public interest and does not endanger
01 the welfare or financial interests of the adult. 02 (c) A report of a visitor under AS 13.29.075 or a professional evaluation under 03 AS 13.29.085 is confidential and must be sealed on filing, but is available to 04 (1) the court; 05 (2) the individual who is the subject of the report or evaluation, 06 without limitation as to use; 07 (3) the petitioner, visitor, and petitioner's and respondent's attorneys, 08 for purposes of the proceeding; 09 (4) unless the court orders otherwise, an agent appointed under a 10 durable power of attorney for health care under AS 13.52 or power of attorney under 11 AS 13.26 in which the respondent is the principal; and 12 (5) any other person if it is in the public interest or for a purpose the 13 court orders for good cause. 14 Sec. 13.29.100. Who may be guardian for adult; order of priority. (a) 15 Except as otherwise provided in (c) of this section, the court in appointing a guardian 16 for an adult shall consider persons qualified to be guardian in the following order of 17 priority: 18 (1) a guardian, other than a temporary or emergency guardian, 19 currently acting for the respondent in another jurisdiction; 20 (2) a person nominated as guardian by the respondent, including the 21 respondent's most recent nomination made in a power of attorney under AS 13.26; 22 (3) an agent appointed by the respondent under a durable power of 23 attorney for health care under AS 13.52; 24 (4) a spouse of the respondent; 25 (5) a family member or other individual who has shown special care 26 and concern for the respondent; 27 (6) a private professional guardian; and 28 (7) the public guardian. 29 (b) If two or more persons have equal priority under (a) of this section, the 30 court shall select as guardian the person the court considers best qualified. In 31 determining the best qualified person, the court shall consider the relationship of the
01 person with the respondent, the skills of the person, the expressed wishes of the 02 respondent, the extent to which the person and the respondent have similar values and 03 preferences, and the likelihood the person will be able to perform the duties of a 04 guardian successfully. 05 (c) If it is in the best interest of the respondent, the court may decline to 06 appoint as guardian a person having priority under (a) of this section and appoint a 07 person having a lower priority or no priority. 08 (d) A person that provides paid services to the respondent, or an individual 09 who is employed by a person that provides paid services to the respondent or is the 10 spouse, parent, or child of an individual who provides or is employed to provide paid 11 services to the respondent, may not be appointed as guardian unless 12 (1) the individual is related to the respondent by blood, marriage, or 13 adoption; or 14 (2) the court finds by clear and convincing evidence that the person is 15 the best qualified person available for appointment and the appointment is in the best 16 interest of the respondent. 17 (e) An owner, operator, or employee of a long-term care facility at which the 18 respondent is receiving care may not be appointed as guardian unless the owner, 19 operator, or employee is related to the respondent by blood, marriage, or adoption. 20 Sec. 13.29.105. Order of appointment for guardian. (a) A court order 21 appointing a guardian for an adult must 22 (1) include a specific finding that clear and convincing evidence 23 established that the identified needs of the respondent cannot be met by a protective 24 arrangement instead of guardianship or other less restrictive alternative, including use 25 of appropriate supportive services, technological assistance, or supported decision 26 making; 27 (2) include a specific finding that clear and convincing evidence 28 established that the respondent was given proper notice of the hearing on the petition; 29 (3) state whether the adult subject to guardianship retains the right to 30 vote and, if the adult does not retain the right to vote, include findings that support 31 removing that right, which must include a finding that the adult cannot communicate,
01 with or without support, a specific desire to participate in the voting process; and 02 (4) state whether the adult subject to guardianship retains the right to 03 marry and, if the adult does not retain the right to marry, include findings that support 04 removing that right. 05 (b) An adult subject to guardianship retains the right to vote unless the order 06 under (a) of this section includes the statement required under (a)(3) of this section. 07 An adult subject to guardianship retains the right to marry unless the order under (a) of 08 this section includes the findings required under (a)(4) of this section. 09 (c) A court order establishing a full guardianship for an adult must state the 10 basis for granting a full guardianship and include specific findings that support the 11 conclusion that a limited guardianship would not meet the functional needs of the 12 adult subject to guardianship. 13 (d) A court order establishing a limited guardianship for an adult must state 14 the specific powers granted to the guardian. 15 (e) The court, as part of an order establishing a guardianship for an adult, shall 16 identify any person that is entitled to 17 (1) notice of the rights of the adult under AS 13.29.110(b); 18 (2) notice of a change in the primary dwelling of the adult; 19 (3) notice that the guardian has delegated 20 (A) the power to manage the care of the adult; 21 (B) the power to make decisions about where the adult lives; 22 (C) the power to make major medical decisions on behalf of the 23 adult; 24 (D) a power that requires court approval under AS 13.29.130; 25 or 26 (E) substantially all powers of the guardian; 27 (4) notice that the guardian will be unavailable to visit the adult for 28 more than two months or unavailable to perform the guardian's duties for more than 29 one month; 30 (5) a copy of the plan of the guardian under AS 13.29.135 and the 31 report of the guardian under AS 13.29.140;
01 (6) access to court records relating to the guardianship; 02 (7) notice of the death or significant change in the condition of the 03 adult; 04 (8) notice that the court has limited or modified the powers of the 05 guardian; and 06 (9) notice of the removal of the guardian. 07 (f) A spouse and adult children of an adult subject to guardianship are entitled 08 to notice under (e) of this section unless the court determines notice would be contrary 09 to the preferences or prior directions of the adult subject to guardianship or not in the 10 best interest of the adult. 11 Sec. 13.29.110. Notice of order of appointment; rights. (a) A guardian 12 appointed under AS 13.29.060 shall give the adult subject to guardianship and all 13 other persons given notice under AS 13.29.070 a copy of the order of appointment, 14 together with notice of the right to request termination or modification. The order and 15 notice must be given not later than 14 days after the appointment. 16 (b) Not later than 30 days after appointment of a guardian under 17 AS 13.29.060, the court shall give to the adult subject to guardianship, the guardian, 18 and any other person entitled to notice under AS 13.29.105(e) or a subsequent order a 19 statement of the rights of the adult subject to guardianship and procedures to seek 20 relief if the adult is denied those rights. The statement must be in at least 16-point font, 21 in plain language, and, to the extent feasible, in a language in which the adult subject 22 to guardianship is proficient. The statement must notify the adult subject to 23 guardianship of the right to 24 (1) seek termination or modification of the guardianship or removal of 25 the guardian, and choose an attorney to represent the adult in these matters; 26 (2) be involved in decisions affecting the adult, including decisions 27 about the adult's care, dwelling, activities, or social interactions, to the extent 28 reasonably feasible; 29 (3) be involved in health care decision making to the extent reasonably 30 feasible; 31 (4) be supported in understanding the risks and benefits of health care
01 options to the extent reasonably feasible; 02 (5) be notified at least 14 days before a change in the adult's primary 03 dwelling or permanent move to a nursing home, mental health facility, or other facility 04 that places restrictions on the individual's ability to leave or have visitors unless the 05 change or move is proposed in the plan of the guardian under AS 13.29.135 or 06 authorized by the court by specific order; 07 (6) object to a change or move described in (5) of this subsection and 08 the process for objecting; 09 (7) communicate, visit, or interact with others, including receiving 10 visitors, and making or receiving telephone calls, personal mail, or electronic 11 communications, including through social media, unless 12 (A) the guardian has been authorized by the court by specific 13 order to restrict communications, visits, or interactions; 14 (B) a protective order or protective arrangement instead of 15 guardianship is in effect that limits contact between the adult and a person; or 16 (C) the guardian has good cause to believe restriction is 17 necessary because interaction with a specified person poses a risk of significant 18 physical, psychological, or financial harm to the adult, and the restriction is 19 (i) for a period of not more than seven business days if 20 the person has a family or pre-existing social relationship with the 21 adult; or 22 (ii) for a period of not more than 60 days if the person 23 does not have a family or pre-existing social relationship with the adult; 24 (8) receive a copy of the plan of the guardian under AS 13.29.135 and 25 the report of the guardian under AS 13.29.140; and 26 (9) object to the plan or report of the guardian. 27 Sec. 13.29.115. Emergency guardian for adult. (a) On its own after a petition 28 has been filed under AS 13.29.065, or on petition by a person interested in an adult's 29 welfare, the court may appoint an emergency guardian for the adult if the court finds 30 (1) appointment of an emergency guardian is likely to prevent 31 substantial harm to the adult's physical health, safety, or welfare;
01 (2) no other person appears to have authority and willingness to act in 02 the circumstances; and 03 (3) there is reason to believe that a basis for appointment of a guardian 04 under AS 13.29.060 exists. 05 (b) The duration of authority of an emergency guardian for an adult may not 06 exceed 60 days, and the emergency guardian may exercise only the powers specified 07 in the order of appointment. The authority of the emergency guardian may be 08 extended once for not more than 60 days if the court finds that the conditions for 09 appointment of an emergency guardian under (a) of this section continue. 10 (c) Immediately on filing of a petition for appointment of an emergency 11 guardian for an adult, the court shall appoint an attorney to represent the respondent in 12 the proceeding. Except as otherwise provided in (d) of this section, reasonable notice 13 of the date, time, and place of a hearing on the petition must be given to the 14 respondent, the respondent's attorney, and any other person the court determines. 15 (d) The court may appoint an emergency guardian for an adult without notice 16 to the adult and any attorney for the adult only if the court finds from an affidavit or 17 testimony that the respondent's physical health, safety, or welfare will be substantially 18 harmed before a hearing with notice on the appointment can be held. If the court 19 appoints an emergency guardian without giving notice under (c) of this section, the 20 court must 21 (1) give notice of the appointment, not later than 48 hours after the 22 appointment, to 23 (A) the respondent; 24 (B) the respondent's attorney; and 25 (C) any other person the court determines; and 26 (2) hold a hearing on the appropriateness of the appointment not later 27 than five days after the appointment. 28 (e) Appointment of an emergency guardian under this section is not a 29 determination that a basis exists for appointment of a guardian under AS 13.29.060. 30 (f) The court may remove an emergency guardian appointed under this section 31 at any time. The emergency guardian shall make any report the court requires.
01 Sec. 13.29.120. Duties of guardian for adult. (a) A guardian for an adult is a 02 fiduciary. Except as otherwise limited by the court, a guardian for an adult shall make 03 decisions regarding the support, care, education, health, and welfare of the adult 04 subject to guardianship to the extent necessitated by the limitations of the adult. 05 (b) A guardian for an adult shall promote the self-determination of the adult 06 and, to the extent reasonably feasible, encourage the adult to participate in decisions, 07 act on the adult's own behalf, and develop or regain the capacity to manage the adult's 08 personal affairs. In furtherance of this duty, the guardian shall 09 (1) become or remain personally acquainted with the adult and 10 maintain sufficient contact with the adult, including through regular visitation, to 11 know the adult's abilities, limitations, needs, opportunities, and physical and mental 12 health; 13 (2) to the extent reasonably feasible, identify the values and 14 preferences of the adult and involve the adult in decisions affecting the adult, 15 including decisions about the adult's care, dwelling, activities, or social interactions; 16 and 17 (3) make reasonable efforts to identify and facilitate supportive 18 relationships and services for the adult. 19 (c) A guardian for an adult at all times shall exercise reasonable care, 20 diligence, and prudence when acting on behalf of or making decisions for the adult. In 21 furtherance of this duty, the guardian shall 22 (1) take reasonable care of the personal effects, pets, and service or 23 support animals of the adult and bring a proceeding for a conservatorship or protective 24 arrangement instead of conservatorship if necessary to protect the property of the 25 adult; 26 (2) expend funds and other property of the adult received by the 27 guardian for the adult's current needs for support, care, education, health, and welfare; 28 (3) conserve any funds and other property of the adult not expended 29 under (2) of this subsection for the future needs of the adult, but if a conservator has 30 been appointed for the adult, the guardian shall pay the funds and other property at 31 least quarterly to the conservator to be conserved for the future needs of the adult; and
01 (4) monitor the quality of services, including long-term care services, 02 provided to the adult. 03 (d) In making a decision for an adult subject to guardianship, the guardian 04 shall make the decision the guardian reasonably believes the adult would make if the 05 adult were able unless doing so would unreasonably harm or endanger the welfare or 06 personal or financial interests of the adult. To determine the decision the adult subject 07 to guardianship would make if able, the guardian shall consider the adult's previous or 08 current directions, preferences, opinions, values, and actions, to the extent actually 09 known or reasonably ascertainable by the guardian. 10 (e) If a guardian for an adult cannot make a decision under (d) of this section 11 because the guardian does not know and cannot reasonably determine the decision the 12 adult likely would make if able, or the guardian reasonably believes the decision the 13 adult would make would unreasonably harm or endanger the welfare or personal or 14 financial interests of the adult, the guardian shall act in accordance with the best 15 interest of the adult. In determining the best interest of the adult, the guardian shall 16 consider 17 (1) information received from professionals and persons that 18 demonstrate sufficient interest in the welfare of the adult; 19 (2) other information the guardian believes the adult would have 20 considered if the adult were able to act; and 21 (3) other factors a reasonable person in the circumstances of the adult 22 would consider, including consequences for others. 23 (f) A guardian for an adult shall immediately notify the court if the condition 24 of the adult has changed so that the adult is capable of exercising rights previously 25 removed. 26 Sec. 13.29.125. Powers of guardian for adult. (a) Except as limited by court 27 order, a guardian for an adult may 28 (1) apply for and receive funds and benefits for the support of the 29 adult, unless a conservator is appointed for the adult and the application or receipt is 30 within the powers of the conservator; 31 (2) unless inconsistent with a court order, establish the adult's place of
01 dwelling; 02 (3) consent to health or other care, treatment, or service for the adult; 03 (4) if a conservator for the adult has not been appointed, commence a 04 proceeding, including an administrative proceeding, or take other appropriate action to 05 compel another person to support the adult or pay funds for the benefit of the adult; 06 (5) to the extent reasonable, delegate to the adult responsibility for a 07 decision affecting the adult's well-being; and 08 (6) receive personally identifiable health care information regarding 09 the adult. 10 (b) The court by specific order may authorize a guardian for an adult to 11 consent to the adoption of the adult. In determining whether to authorize a power 12 under this subsection, the court shall consider whether the underlying act would be in 13 accordance with the preferences, values, and prior directions of the adult and whether 14 the underlying act would be in the best interest of the adult. 15 (c) In exercising a guardian's power to establish the place of dwelling of the 16 adult under (a)(2) of this section, the guardian shall 17 (1) select a residential setting the guardian believes the adult would 18 select if the adult were able, in accordance with the decision-making standard under 19 AS 13.29.120(d) and (e); if the guardian does not know and cannot reasonably 20 determine what setting the adult subject to guardianship would likely choose if able, or 21 the guardian reasonably believes the decision the adult would make would 22 unreasonably harm or endanger the welfare or personal or financial interests of the 23 adult, the guardian shall choose a residential setting that is consistent with the best 24 interest of the adult in accordance with AS 13.29.120(e); 25 (2) in selecting among residential settings, give priority to a residential 26 setting in a location that will allow the adult to interact with persons important to the 27 adult and meet the needs of the adult in the least restrictive manner reasonably feasible 28 unless to do so would be inconsistent with the decision-making standard in 29 AS 13.29.120(d) and (e); 30 (3) not later than 30 days after a change in the dwelling of the adult, 31 (A) give notice of the change to the court, the adult, and any
01 person identified as entitled to the notice in the court order appointing the 02 guardian or a subsequent order; and 03 (B) include in the notice the address and nature of the new 04 dwelling and state whether the adult received advance notice of the change and 05 whether the adult objected to the change; 06 (4) establish or move the permanent place of dwelling of the adult to a 07 nursing home, mental health facility, or other facility that places restrictions on the 08 adult's ability to leave or have visitors only if 09 (A) the establishment or move is in the plan of the guardian 10 under AS 13.29.135; 11 (B) the court authorizes the establishment or move; or 12 (C) the guardian gives notice of the establishment or move at 13 least 14 days before the establishment or move to the adult and all persons 14 entitled to notice under AS 13.29.105(e)(2) or a subsequent order, and no 15 objection is filed; 16 (5) establish or move the place of dwelling of the adult outside this 17 state only if consistent with the plan of the guardian and authorized by the court by 18 specific order; and 19 (6) take action that would result in the sale of the primary dwelling or 20 surrender of the rental agreement or lease to the primary dwelling of the adult only if 21 (A) the action is specifically included in the plan of the 22 guardian under AS 13.29.135; 23 (B) the court authorizes the action by specific order; or 24 (C) notice of the action was given at least 14 days before the 25 action to the adult and all persons entitled to the notice under 26 AS 13.29.105(e)(2) or a subsequent order and no objection has been filed. 27 (d) In exercising a guardian's power under (a)(3) of this section to make health 28 care decisions, the guardian shall 29 (1) involve the adult in decision making to the extent reasonably 30 feasible, including, when practicable, by encouraging and supporting the adult in 31 understanding the risks and benefits of health care options;
01 (2) defer to a decision by an agent under a durable power of attorney 02 for health care executed under AS 13.52 by the adult and cooperate to the extent 03 feasible with the agent making the decision; and 04 (3) take into account 05 (A) the risks and benefits of treatment options; and 06 (B) the current and previous wishes and values of the adult if 07 known or reasonably ascertainable by the guardian. 08 Sec. 13.29.130. Special limitations on guardian's power. (a) Unless 09 authorized by the court by specific order, a guardian for an adult does not have the 10 power to revoke or amend a durable power of attorney for health care under AS 13.52 11 or durable power of attorney under AS 13.26 executed by the adult. If a durable power 12 of attorney for health care under AS 13.52 is in effect, unless there is a court order to 13 the contrary, a health care decision of an agent takes precedence over that of the 14 guardian, and the guardian shall cooperate with the agent to the extent feasible. If a 15 durable power of attorney under AS 13.26 is in effect, unless there is a court order to 16 the contrary, a decision by the agent that the agent is authorized to make under the 17 power of attorney takes precedence over that of the guardian, and the guardian shall 18 cooperate with the agent to the extent feasible. 19 (b) A guardian for an adult may not initiate the commitment of the adult to a 20 mental health facility except in accordance with the procedure for involuntary 21 commitment under AS 47.30. 22 (c) A guardian for an adult may not restrict the ability of the adult to 23 communicate, visit, or interact with others, including receiving visitors and making or 24 receiving telephone calls, personal mail, or electronic communications, including 25 through social media, or participating in social activities, unless 26 (1) authorized by the court by specific order; 27 (2) a protective order or protective arrangement instead of 28 guardianship is in effect that limits contact between the adult and a person; or 29 (3) the guardian has good cause to believe restriction is necessary 30 because interaction with a specified person poses a risk of significant physical, 31 psychological, or financial harm to the adult and the restriction is for a period of not
01 more than 02 (A) seven business days if the person has a family or pre- 03 existing social relationship with the adult; or 04 (B) 60 days if the person does not have a family or pre-existing 05 social relationship with the adult. 06 (d) A guardian for an adult may not prohibit the marriage or divorce of the 07 adult if the adult retains the right to marry under AS 13.29.105. 08 Sec. 13.29.135. Guardian's plan. (a) A guardian for an adult shall file with 09 the court a plan for the care of the adult not later than 60 days after appointment, when 10 there is a significant change in circumstances, or when the guardian seeks to deviate 11 significantly from the guardian's plan. The plan must be based on the needs of the 12 adult and take into account the best interest of the adult as well as the adult's 13 preferences, values, and prior directions, to the extent known to or reasonably 14 ascertainable by the guardian. The guardian shall include in the plan 15 (1) the living arrangement, services, and supports the guardian expects 16 to arrange, facilitate, or continue for the adult; 17 (2) social and educational activities the guardian expects to facilitate 18 on behalf of the adult; 19 (3) any person with whom the adult has a close personal relationship or 20 relationship involving regular visitation and any plan the guardian has for facilitating 21 visits with the person; 22 (4) the anticipated nature and frequency of the guardian's visits and 23 communication with the adult; 24 (5) goals for the adult, including goals related to the restoration of the 25 rights of the adult and how the guardian anticipates achieving the goals; 26 (6) whether the adult has an existing plan and, if so, whether the plan 27 of the guardian is consistent with the plan of the adult; and 28 (7) a statement or list of the amount the guardian proposes to charge 29 for each service the guardian anticipates providing to the adult. 30 (b) A guardian shall give notice of the filing of the guardian's plan under (a) of 31 this section, together with a copy of the plan, to the adult subject to guardianship, a
01 person entitled to notice under AS 13.29.105(e) or a subsequent order, and any other 02 person the court determines. The notice must include a statement of the right to object 03 to the plan and be given not later than 14 days after the filing. 04 (c) An adult subject to guardianship and any person entitled under (b) of this 05 section to receive notice and a copy of the plan of the guardian may object to the plan. 06 (d) The court shall review the plan of the guardian 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 guardian's duties and powers under 10 AS 13.29.120 and 13.29.125. The court may not approve the plan until 30 days after 11 its filing. 12 (e) After the plan of the guardian filed under this section is approved by the 13 court, the guardian shall provide a copy of the plan to the adult subject to 14 guardianship, a person entitled to notice under AS 13.29.105(e) or a subsequent order, 15 and any other person the court determines. 16 Sec. 13.29.140. Guardian's report; monitoring of guardianship. (a) A 17 guardian for an adult, not later than 60 days after appointment and at least annually 18 thereafter, shall file with the court a report in a record regarding the condition of the 19 adult and accounting for funds and other property in the possession or subject to the 20 control of the guardian. 21 (b) A report under (a) of this section must state or contain 22 (1) the mental, physical, and social condition of the adult; 23 (2) the living arrangements of the adult during the reporting period; 24 (3) a summary of the supported decision making, technological 25 assistance, medical services, educational and vocational services, and other supports 26 and services provided to the adult and the guardian's opinion as to the adequacy of the 27 adult's care; 28 (4) a summary of the guardian's visits with the adult, including the 29 dates of the visits; 30 (5) action taken on behalf of the adult; 31 (6) the extent to which the adult has participated in decision making;
01 (7) if the adult is living in a mental health facility or living in a facility 02 that provides the adult with health care or other personal services, whether the 03 guardian considers the facility's current plan for support, care, treatment, or 04 habilitation consistent with the adult's preferences, values, prior directions, and best 05 interest; 06 (8) anything of more than minimal value that the guardian, any 07 individual who resides with the guardian, or the spouse, parent, child, or sibling of the 08 guardian has received from an individual providing goods or services to the adult; 09 (9) if the guardian delegated a power to an agent, the power delegated 10 and the reason for the delegation; 11 (10) any business relation the guardian has with a person the guardian 12 has paid or that has benefited from the property of the adult; 13 (11) a copy of the guardian's most recently approved plan under 14 AS 13.29.135 and a statement whether the guardian has deviated from the plan and, if 15 so, how the guardian has deviated and why; 16 (12) plans for future care and support of the adult; 17 (13) a recommendation as to the need for continued guardianship and 18 any recommended change in the scope of the guardianship; and 19 (14) whether any co-guardian or successor guardian appointed to serve 20 when a designated event occurs is alive and able to serve. 21 (c) The court may appoint a visitor to review a report submitted under this 22 section or a plan of a guardian submitted under AS 13.29.135, interview the guardian 23 or adult subject to guardianship, or investigate any other matter involving the 24 guardianship. 25 (d) Notice of the filing under this section of a guardian's report, together with 26 a copy of the report, must be given to the adult subject to guardianship, a person 27 entitled to notice under AS 13.29.105(e) or a subsequent order, and any other person 28 the court determines. The notice and report must be given not later than 14 days after 29 the filing. 30 (e) The court shall establish procedures for monitoring a report submitted 31 under this section and review each report at least annually to determine whether
01 (1) the report provides sufficient information to establish the guardian 02 has complied with the duties of the guardian; 03 (2) the guardianship should continue; and 04 (3) the guardian's requested fees, if any, should be approved. 05 (f) If the court determines there is reason to believe a guardian for an adult has 06 not complied with the duties of the guardian or the guardianship should be modified or 07 terminated, the court 08 (1) shall notify the adult, the guardian, and any other person entitled to 09 notice under AS 13.29.105(e) or a subsequent order; 10 (2) may require additional information from the guardian; 11 (3) may appoint a visitor to interview the adult or guardian or 12 investigate any matter involving the guardianship; and 13 (4) consistent with AS 13.29.145 and 13.29.150, may hold a hearing to 14 consider removal of the guardian, termination of the guardianship, or a change in the 15 powers granted to the guardian or terms of the guardianship. 16 (g) If the court has reason to believe fees requested by a guardian for an adult 17 are not reasonable, the court shall hold a hearing to determine whether to adjust the 18 requested fees. 19 (h) A guardian for an adult may petition the court for approval of a report filed 20 under this section. The court after review may approve the report. If the court 21 approves the report, there is a rebuttable presumption the report is accurate as to a 22 matter adequately disclosed in the report. 23 Sec. 13.29.145. Removal of guardian for adult; appointment of successor. 24 (a) The court may remove a guardian for an adult for failure to perform the duties of 25 the guardian or for other good cause and appoint a successor guardian to assume the 26 duties of guardian. 27 (b) The court shall hold a hearing to determine whether to remove a guardian 28 for an adult and appoint a successor guardian on 29 (1) petition of the adult, guardian, or person interested in the welfare of 30 the adult, which contains allegations that, if true, would support a reasonable belief 31 that removal of the guardian and appointment of a successor guardian may be
01 appropriate, but the court may decline to hold a hearing if a petition based on the same 02 or substantially similar facts was filed during the preceding six months; 03 (2) communication from the adult, guardian, or person interested in the 04 welfare of the adult which supports a reasonable belief that removal of the guardian 05 and appointment of a successor guardian may be appropriate; or 06 (3) determination by the court that a hearing would be in the best 07 interest of the adult. 08 (c) Notice of a petition under (b)(1) of this section must be given to the adult 09 subject to guardianship, the guardian, and any other person the court determines. 10 (d) An adult subject to guardianship who seeks to remove the guardian and 11 have a successor guardian appointed has the right to choose an attorney to represent 12 the adult in this matter. If the adult is not represented by an attorney, the court shall 13 appoint an attorney under the same conditions in AS 13.29.080. The court shall award 14 reasonable attorney fees to the attorney for the adult as provided in AS 13.29.490. 15 (e) In selecting a successor guardian for an adult, the court shall follow the 16 priorities under AS 13.29.100. 17 (f) Not later than 30 days after appointing a successor guardian, the court shall 18 give notice of the appointment to the adult subject to guardianship and any person 19 entitled to notice under AS 13.29.105(e) or a subsequent order. 20 Sec. 13.29.150. Termination or modification of guardianship for adult. (a) 21 An adult subject to guardianship, the guardian for the adult, or a person interested in 22 the welfare of the adult may petition for 23 (1) termination of the guardianship on the ground that a basis for 24 appointment under AS 13.29.060 does not exist or termination would be in the best 25 interest of the adult or for other good cause; or 26 (2) modification of the guardianship on the ground that the extent of 27 protection or assistance granted is not appropriate or for other good cause. 28 (b) The court shall hold a hearing to determine whether termination or 29 modification of a guardianship for an adult is appropriate on 30 (1) petition under (a) of this section which contains allegations that, if 31 true, would support a reasonable belief that termination or modification of the
01 guardianship may be appropriate, but the court may decline to hold a hearing if a 02 petition based on the same or substantially similar facts was filed during the preceding 03 six months; 04 (2) communication from the adult, guardian, or person interested in the 05 welfare of the adult which supports a reasonable belief that termination or 06 modification of the guardianship may be appropriate, including because the functional 07 needs of the adult or supports or services available to the adult have changed; 08 (3) a report from a guardian or conservator which indicates that 09 termination or modification may be appropriate because the functional needs of the 10 adult or supports or services available to the adult have changed or a protective 11 arrangement instead of guardianship or other less restrictive alternative for meeting the 12 needs of the adult is available; or 13 (4) a determination by the court that a hearing would be in the best 14 interest of the adult. 15 (c) Notice of a petition under (b)(1) of this section must be given to the adult 16 subject to guardianship, the guardian, and any other person the court determines. 17 (d) On presentation of prima facie evidence for termination of a guardianship 18 for an adult, the court shall order termination unless it is proven that a basis for 19 appointment of a guardian under AS 13.29.060 exists. 20 (e) The court shall modify the powers granted to a guardian for an adult if the 21 powers are excessive or inadequate because of a change in the abilities or limitations 22 of the adult, the supports of the adult, or other circumstances. 23 (f) Unless the court otherwise orders for good cause, before terminating or 24 modifying a guardianship for an adult, the court shall follow the same procedures that 25 apply to a petition for guardianship to safeguard the rights of the adult. 26 (g) An adult subject to guardianship who seeks to terminate or modify the 27 terms of the guardianship has the right to choose an attorney to represent the adult in 28 the matter. If the adult is not represented by an attorney, the court shall appoint an 29 attorney under the same conditions as in AS 13.29.080. The court shall award 30 reasonable attorney fees to the attorney for the adult as provided in AS 13.29.490. 31 Article 3. Conservatorship.
01 Sec. 13.29.155. Basis for appointment of conservator. (a) On petition and 02 after notice and hearing, the court may appoint a conservator for the property or 03 financial affairs of a minor if the court finds by a preponderance of evidence that 04 (1) appointment of a conservator is in the best interest of the minor; if 05 the minor has a parent, the court shall give weight to any recommendation of the 06 parent on whether an appointment is in the best interest of the minor; and 07 (2) one of the following applies: 08 (A) the minor owns funds or other property requiring 09 management or protection that otherwise cannot be provided; 10 (B) the minor has or may have financial affairs that may be put 11 at unreasonable risk or hindered because of the age of the minor; or 12 (C) appointment is necessary or desirable to obtain or provide 13 funds or other property needed for the support, care, education, health, or 14 welfare of the minor. 15 (b) On petition and after notice and hearing, the court may appoint a 16 conservator for the property or financial affairs of an adult if the court finds by clear 17 and convincing evidence that 18 (1) the adult is unable to manage property or financial affairs because 19 (A) of a limitation in the ability of the adult to receive and 20 evaluate information or make or communicate decisions, even with the use of 21 appropriate supportive services, technological assistance, or supported decision 22 making; or 23 (B) the adult is missing, detained, or unable to return to the 24 United States; 25 (2) appointment is necessary to 26 (A) avoid harm to the adult or significant dissipation of the 27 property of the adult; or 28 (B) obtain or provide funds or other property needed for the 29 support, care, education, health, or welfare of the adult or of an individual 30 entitled to the support of the adult; and 31 (3) the respondent's identified needs cannot be met by a protective
01 arrangement instead of conservatorship or other less restrictive alternative. 02 (c) The court shall grant a conservator only those powers necessitated by 03 demonstrated limitations and needs of the respondent and issue orders that will 04 encourage development of the maximum self-determination and independence of the 05 respondent. The court may not establish a full conservatorship if a limited 06 conservatorship, protective arrangement instead of conservatorship, or other less 07 restrictive alternative would meet the needs of the respondent. 08 Sec. 13.29.160. Petition for appointment of conservator. (a) The following 09 may petition for the appointment of a conservator: 10 (1) the individual for whom the order is sought; 11 (2) a person interested in the estate, financial affairs, or welfare of the 12 individual, including a person that would be adversely affected by lack of effective 13 management of property or financial affairs of the individual; or 14 (3) the guardian for the individual. 15 (b) A petition under (a) of this section must state the petitioner's name, 16 principal residence, current street address, if different, relationship to the respondent, 17 interest in the appointment, the name and address of any attorney representing the 18 petitioner, and, to the extent known, the following: 19 (1) the respondent's name, age, principal residence, current street 20 address, if different, and, if different, address of the dwelling in which it is proposed 21 the respondent will reside if the petition is granted; 22 (2) the name and address of the respondent's 23 (A) spouse or, if the respondent has none, an adult with whom 24 the respondent has shared household responsibilities for more than six months 25 in the 12-month period before the filing of the petition; 26 (B) adult children or, if none, each parent and adult sibling of 27 the respondent, or, if none, at least one adult nearest in kinship to the 28 respondent who can be found with reasonable diligence; and 29 (C) adult stepchildren whom the respondent actively parented 30 during the stepchildren's minor years and with whom the respondent had an 31 ongoing relationship during the two years immediately before the filing of the
01 petition; 02 (3) the name and current address of each of the following, if 03 applicable: 04 (A) a person responsible for the care or custody of the 05 respondent; 06 (B) any attorney currently representing the respondent; 07 (C) the representative payee appointed by the United States 08 Social Security Administration for the respondent; 09 (D) a guardian or conservator acting for the respondent in this 10 state or another jurisdiction; 11 (E) a trustee or custodian of a trust or custodianship of which 12 the respondent is a beneficiary; 13 (F) the fiduciary appointed for the respondent by the United 14 States Department of Veterans Affairs; 15 (G) an agent designated under a durable power of attorney for 16 health care under AS 13.52 in which the respondent is identified as the 17 principal; 18 (H) an agent designated under a power of attorney under 19 AS 13.26 in which the respondent is identified as the principal; 20 (I) a person known to have routinely assisted the respondent 21 with decision making in the six-month period immediately before the filing of 22 the petition; 23 (J) any proposed conservator, including a person nominated by 24 the respondent, if the respondent is 12 years of age or older; and 25 (K) if the individual for whom a conservator is sought is a 26 minor 27 (i) an adult not otherwise listed with whom the minor 28 resides; and 29 (ii) each person not otherwise listed that had primary 30 care or custody of the minor for at least 60 days during the two years 31 immediately before the filing of the petition or for at least 730 days
01 during the five years immediately before the filing of the petition; 02 (4) a general statement of the property of the respondent with an 03 estimate of its value, including any insurance or pension, and the source and amount 04 of other anticipated income or receipts; 05 (5) the reason conservatorship is necessary, including a brief 06 description of 07 (A) the nature and extent of the alleged need of the respondent; 08 (B) if the petition alleges the respondent is missing, detained, 09 or unable to return to the United States, the relevant circumstances, including 10 the time and nature of the disappearance or detention and any search or inquiry 11 concerning the whereabouts of the respondent; 12 (C) any protective arrangement instead of conservatorship or 13 other less restrictive alternative for meeting the alleged need of the respondent 14 which has been considered or implemented; 15 (D) if no protective arrangement or other less restrictive 16 alternatives have been considered or implemented, the reason it has not been 17 considered or implemented; and 18 (E) the reason a protective arrangement or other less restrictive 19 alternative is insufficient to meet the need of the respondent; 20 (6) whether the petitioner seeks a limited conservatorship or a full 21 conservatorship; 22 (7) if the petitioner seeks a full conservatorship, the reason a limited 23 conservatorship or protective arrangement instead of conservatorship is not 24 appropriate; 25 (8) if the petition includes the name of a proposed conservator, the 26 reason the proposed conservator should be appointed; 27 (9) if the petition is for a limited conservatorship, a description of the 28 property to be placed under the control of the conservator and any requested limitation 29 on the authority of the conservator; 30 (10) whether the respondent needs an interpreter, translator, or other 31 form of support to communicate effectively with the court or understand court
01 proceedings; and 02 (11) the name and address of an attorney representing the petitioner, if 03 any. 04 Sec. 13.29.165. Notice and hearing for appointment of conservator. (a) On 05 filing of a petition under AS 13.29.160 for appointment of a conservator, the court 06 shall set a date, time, and place for a hearing on the petition. 07 (b) A copy of a petition under AS 13.29.160 and notice of a hearing on the 08 petition must be served personally on the respondent. The notice must inform the 09 respondent of the respondent's rights at the hearing, including the right to an attorney 10 and to attend the hearing. The notice must include a description of the nature, purpose, 11 and consequences of granting the petition. The court may not grant a petition for 12 appointment of a conservator if notice substantially complying with this subsection is 13 not served on the respondent. For good cause shown, the court may also authorize 14 alternative methods of service. 15 (c) In a proceeding on a petition under AS 13.29.160, the notice required 16 under (b) of this section must be given to the persons required to be listed in the 17 petition under AS 13.29.160(b)(1) - (3) and any other person the court determines is 18 interested in the welfare of the respondent. Failure to give notice under this subsection 19 does not preclude the court from appointing a conservator. 20 (d) After the appointment of a conservator, notice of a hearing on a petition 21 for an order under AS 13.29.155 - 13.29.315, together with a copy of the petition, 22 must be given to 23 (1) the individual subject to conservatorship, if the individual is 12 24 years of age or older and not missing, detained, or unable to return to the United 25 States; 26 (2) the conservator; and 27 (3) any other person the court determines. 28 Sec. 13.29.170. Order to preserve or apply property while proceeding 29 pending. While a petition under AS 13.29.160 is pending, after preliminary hearing 30 and without notice to others, the court may issue an order to preserve and apply 31 property of the respondent as required for the support of the respondent or an
01 individual who is in fact dependent on the respondent. The court may appoint a master 02 to assist in implementing the order. 03 Sec. 13.29.175. Appointment and role of visitor. (a) If the respondent in a 04 proceeding to appoint a conservator is a minor, the court may appoint a visitor to 05 investigate a matter related to the petition or inform the minor or a parent of the minor 06 about the petition or a related matter. 07 (b) If the respondent in a proceeding to appoint a conservator is an adult, the 08 court shall appoint a visitor. The duties and reporting requirements of the visitor are 09 limited to the relief requested in the petition. The visitor must be an individual with 10 training or experience in the type of abilities, limitations, and needs alleged in the 11 petition. 12 (c) A visitor appointed under (b) of this section for an adult shall interview the 13 respondent in person and, in a manner the respondent is best able to understand, 14 (1) explain to the respondent the substance of the petition, the nature, 15 purpose, and effect of the proceeding, the rights of the respondent at the hearing on the 16 petition, and the general powers and duties of a conservator; 17 (2) determine the respondent's views about the appointment sought by 18 the petitioner, including views about a proposed conservator, the conservator's 19 proposed powers and duties, and the scope and duration of the proposed 20 conservatorship; 21 (3) inform the respondent of the respondent's right to employ and 22 consult with an attorney at the respondent's expense and the right to request a court- 23 appointed attorney; and 24 (4) inform the respondent that all costs and expenses of the proceeding, 25 including attorney fees of the respondent, may be paid from the respondent's assets. 26 (d) A visitor appointed under (b) of this section for an adult shall 27 (1) interview the petitioner and proposed conservator, if any; 28 (2) review financial records of the respondent, if relevant to the 29 recommendation of the visitor under (e)(2) of this section; 30 (3) investigate whether the needs of the respondent could be met by a 31 protective arrangement instead of conservatorship or other less restrictive alternative
01 and, if so, identify the arrangement or other less restrictive alternative; and 02 (4) investigate the allegations in the petition and any other matter 03 relating to the petition the court directs. 04 (e) A visitor appointed under (b) of this section for an adult shall promptly file 05 a report in a record with the court, which must include 06 (1) a recommendation whether an attorney should be appointed to 07 represent the respondent; 08 (2) a recommendation 09 (A) regarding the appropriateness of conservatorship, or 10 whether a protective arrangement instead of conservatorship or other less 11 restrictive alternative for meeting the needs of the respondent is available; 12 (B) if a conservatorship is recommended, whether it should be 13 full or limited; and 14 (C) if a limited conservatorship is recommended, the powers to 15 be granted to the conservator, and the property that should be placed under the 16 control of the conservator; 17 (3) a statement of the qualifications of the proposed conservator and 18 whether the respondent approves or disapproves of the proposed conservator; 19 (4) a recommendation whether a professional evaluation under 20 AS 13.29.185 is necessary; 21 (5) a statement whether the respondent is able to attend a hearing at the 22 location where court proceedings typically are held; 23 (6) a statement whether the respondent is able to participate in a 24 hearing and which identifies any technology or other form of support that would 25 enhance the ability of the respondent to participate; and 26 (7) any other matter the court directs. 27 Sec. 13.29.180. Appointment and role of attorney. (a) The court shall 28 appoint an attorney to represent the respondent in a proceeding to appoint a 29 conservator if 30 (1) the respondent requests an appointment; 31 (2) the visitor recommends an appointment; or
01 (3) the court determines the respondent needs representation. 02 (b) An attorney representing the respondent in a proceeding for appointment 03 of a conservator shall 04 (1) make reasonable efforts to ascertain the wishes of the respondent; 05 (2) advocate for the wishes of the respondent to the extent reasonably 06 ascertainable; and 07 (3) if the wishes of the respondent are not reasonably ascertainable, 08 advocate for the result that is the least restrictive in type, duration, and scope, 09 consistent with the respondent's interests. 10 Sec. 13.29.185. Professional evaluation. (a) At or before a hearing on a 11 petition for conservatorship for an adult, the court shall order a professional evaluation 12 of the respondent 13 (1) if the respondent requests the evaluation; or 14 (2) in other cases, unless the court finds it has sufficient information to 15 determine the needs and abilities of the respondent without the evaluation. 16 (b) If the court orders an evaluation under (a) of this section, the respondent 17 must be examined by a licensed physician, psychologist, social worker, or other 18 individual appointed by the court who is qualified to evaluate the respondent's alleged 19 cognitive and functional abilities and limitations and does not have a conflict of 20 interest. The individual conducting the evaluation promptly shall file a report in a 21 record with the court. Unless otherwise directed by the court, the report must contain 22 (1) a description of the nature, type, and extent of the respondent's 23 cognitive and functional abilities and limitations with regard to the management of the 24 property and financial affairs of the respondent; 25 (2) an evaluation of the respondent's mental and physical condition 26 and, if appropriate, educational potential, adaptive behavior, and social skills; 27 (3) a prognosis for improvement with regard to the ability to manage 28 the respondent's property and financial affairs; and 29 (4) the date of the examination on which the report is based. 30 (c) A respondent may decline to participate in an evaluation ordered under (a) 31 of this section.
01 Sec. 13.29.190. Attendance and rights at hearing. (a) Except as otherwise 02 provided in (b) of this section, a hearing under AS 13.29.165 may not proceed unless 03 the respondent attends the hearing. If it is not reasonably feasible for the respondent to 04 attend a hearing at the location where court proceedings typically are held, the court 05 shall make reasonable efforts to hold the hearing at an alternative location convenient 06 to the respondent or allow the respondent to attend the hearing using real-time 07 audiovisual technology. 08 (b) A hearing under AS 13.29.165 may proceed without the respondent in 09 attendance if the court finds by clear and convincing evidence that 10 (1) the respondent consistently and repeatedly has refused to attend the 11 hearing after having been fully informed of the right to attend and the potential 12 consequences of failing to do so; 13 (2) there is no practicable way for the respondent to attend and 14 participate in the hearing even with appropriate supportive services or technological 15 assistance; or 16 (3) the respondent is a minor who has received proper notice and 17 attendance would be harmful to the minor. 18 (c) The respondent has a right to choose an attorney to represent the 19 respondent at a hearing under AS 13.29.165. 20 (d) 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 (e) Unless excused by the court for good cause, a proposed conservator shall 26 attend a hearing under AS 13.29.165. 27 (f) A hearing under AS 13.29.165 must be closed on request of the respondent 28 and a showing of good cause. 29 (g) 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 of a visitor under AS 13.29.175 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 13.29.155 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 13.29.155, 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 executed 05 under AS 13.26 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 Sec. 13.29.240. Duties of conservator. (a) A conservator is a fiduciary and has
01 duties of prudence and loyalty to the individual subject to conservatorship. 02 (b) A conservator shall promote the self-determination of the individual 03 subject to conservatorship and, to the extent feasible, encourage the individual to 04 participate in decisions, act on the individual's own behalf, and develop or regain the 05 capacity to manage the individual's personal affairs. 06 (c) In making a decision for an individual subject to conservatorship, the 07 conservator shall make the decision the conservator reasonably believes the individual 08 would make if able, unless doing so would fail to preserve the resources needed to 09 maintain the individual's well-being and lifestyle or otherwise unreasonably harm or 10 endanger the welfare or personal or financial interests of the individual. To determine 11 the decision the individual would make if able, the conservator shall consider the 12 individual's prior or current directions, preferences, opinions, values, and actions, to 13 the extent actually known or reasonably ascertainable by the conservator. 14 (d) If a conservator cannot make a decision under (c) of this section because 15 the conservator does not know and cannot reasonably determine the decision the 16 individual subject to conservatorship likely would make if able, or the conservator 17 reasonably believes the decision the individual would make would fail to preserve 18 resources needed to maintain the well-being and lifestyle of the individual or 19 otherwise unreasonably harm or endanger the welfare or personal or financial interests 20 of the individual, the conservator shall act in accordance with the best interest of the 21 individual. In determining the best interest of the individual, the conservator shall 22 consider 23 (1) information received from professionals and persons that 24 demonstrate sufficient interest in the welfare of the individual; 25 (2) other information the conservator believes the individual would 26 have considered if the individual were able to act; and 27 (3) other factors a reasonable person in the circumstances of the 28 individual would consider, including consequences for others. 29 (e) Except when inconsistent with the conservator's duties under (a) - (d) of 30 this section, a conservator shall invest and manage the conservatorship estate as a 31 prudent investor would, by considering
01 (1) the circumstances of the individual subject to conservatorship and 02 the conservatorship estate; 03 (2) general economic conditions; 04 (3) the possible effect of inflation or deflation; 05 (4) the expected tax consequences of an investment decision or 06 strategy; 07 (5) the role of each investment or course of action in relation to the 08 conservatorship estate as a whole; 09 (6) the expected total return from income and appreciation of capital; 10 (7) the need for liquidity, regularity of income, and preservation or 11 appreciation of capital; and 12 (8) the special relationship or value, if any, of specific property to the 13 individual subject to conservatorship. 14 (f) The propriety of a conservator's investment and management of the 15 conservatorship estate is determined in light of the facts and circumstances existing 16 when the conservator decides or acts and not by hindsight. 17 (g) A conservator shall make a reasonable effort to verify facts relevant to the 18 investment and management of the conservatorship estate. 19 (h) A conservator that has special skills or expertise, or is named conservator 20 in reliance on the conservator's representation of special skills or expertise, has a duty 21 to use the special skills or expertise in carrying out the conservator's duties. 22 (i) In investing, selecting specific property for distribution, and invoking a 23 power of revocation or withdrawal for the use or benefit of the individual subject to 24 conservatorship, a conservator shall consider any estate plan of the individual known 25 or reasonably ascertainable to the conservator and may examine the will or other 26 donative, nominative, or appointive instrument of the individual. 27 (j) A conservator shall maintain insurance on the insurable real and personal 28 property of the individual subject to conservatorship, unless the conservatorship estate 29 lacks sufficient funds to pay for insurance or the court finds 30 (1) the property lacks sufficient equity; or 31 (2) insuring the property would unreasonably dissipate the
01 conservatorship estate or otherwise not be in the best interest of the individual. 02 (k) If a power of attorney under AS 13.26 is in effect, a conservator shall 03 cooperate with the agent to the extent feasible. 04 (l) A conservator has access to and authority over a digital asset of the 05 individual subject to conservatorship to the extent provided under AS 13.63 (Revised 06 Uniform Fiduciary Access to Digital Assets Act) or court order. 07 (m) A conservator for an adult shall notify the court if the condition of the 08 adult has changed so that the adult is capable of exercising rights previously removed. 09 The notice must be given immediately on learning of the change. 10 Sec. 13.29.245. Conservator's plan. (a) A conservator shall file with the court 11 a plan for protecting, managing, expending, and distributing the assets of the 12 conservatorship estate not later than 60 days after appointment, when there is a 13 significant change in circumstances, or when the conservator seeks to deviate 14 significantly from the conservator's plan. The plan must be based on the needs of the 15 individual subject to conservatorship and take into account the best interest of the 16 individual as well as the individual's preferences, values, and prior directions, to the 17 extent known to or reasonably ascertainable by the conservator. The conservator shall 18 include in the plan 19 (1) a budget containing projected expenses and resources, including an 20 estimate of the total amount of fees the conservator anticipates charging each year and 21 a statement or list of the amount the conservator proposes to charge for each service 22 the conservator anticipates providing to the individual; 23 (2) how the conservator will involve the individual in decisions about 24 management of the conservatorship estate; 25 (3) any step the conservator plans to take to develop or restore the 26 ability of the individual to manage the conservatorship estate; and 27 (4) an estimate of the duration of the conservatorship. 28 (b) A conservator shall give notice of the filing of the conservator's plan under 29 (a) of this section, together with a copy of the plan, to the individual subject to 30 conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent 31 order, and any other person the court determines. The notice must include a statement
01 of the right to object to the plan and be given not later than 14 days after the filing. 02 (c) An individual subject to conservatorship and any person entitled to receive 03 notice and a copy of the plan of the conservator under (b) of this section may object to 04 the plan. 05 (d) The court shall review the plan of the conservator filed under (a) of this 06 section and determine whether to approve the plan or require a new plan. In deciding 07 whether to approve the plan, the court shall consider an objection under (c) of this 08 section and whether the plan is consistent with the duties and powers of the 09 conservator. The court may not approve the plan until 30 days after its filing. 10 (e) After a conservator's plan under this section is approved by the court, the 11 conservator shall provide a copy of the plan to the individual subject to 12 conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent 13 order, and any other person the court determines. 14 Sec. 13.29.250. Inventory; records. (a) Not later than 60 days after 15 appointment, a conservator shall prepare and file with the appointing court a detailed 16 inventory of the conservatorship estate, together with an oath or affirmation that the 17 inventory is believed to be complete and accurate as far as information permits. 18 (b) A conservator shall give notice of the filing of an inventory to the 19 individual subject to conservatorship, a person entitled to notice under 20 AS 13.29.205(e) or a subsequent order, and any other person the court determines. The 21 notice must be given not later than 14 days after the filing. 22 (c) A conservator shall keep records of the administration of the 23 conservatorship estate and make them available for examination on reasonable request 24 of the individual subject to conservatorship, a guardian for the individual, or any other 25 person the conservator or the court determines. 26 Sec. 13.29.255. Administrative powers of conservator not requiring court 27 approval. (a) Except as otherwise provided in AS 13.29.220 or qualified or limited in 28 the court's order of appointment and stated in the letters of office, a conservator has all 29 powers granted in this section and any additional power granted to a trustee by a law 30 of this state other than this chapter. 31 (b) A conservator, acting reasonably and consistent with the fiduciary duties
01 of the conservator to accomplish the purpose of the conservatorship, without specific 02 court authorization or confirmation, may, with respect to the conservatorship estate, 03 (1) collect, hold, and retain property, including property in which the 04 conservator has a personal interest and real property in another state, until the 05 conservator determines disposition of the property should be made; 06 (2) receive additions to the conservatorship estate; 07 (3) continue or participate in the operation of a business or other 08 enterprise; 09 (4) acquire an undivided interest in property in which the conservator, 10 in a fiduciary capacity, holds an undivided interest; 11 (5) invest assets; 12 (6) deposit funds or other property in a financial institution, including 13 one operated by the conservator; 14 (7) acquire or dispose of property, including real property in another 15 state, for cash or on credit, at public or private sale, and manage, develop, improve, 16 exchange, partition, change the character of, or abandon property; 17 (8) make ordinary or extraordinary repairs or alterations in a building 18 or other structure, demolish any improvement, or raze an existing or erect a new party 19 wall or building; 20 (9) subdivide or develop land, dedicate land to public use, make or 21 obtain the vacation of a plat and adjust a boundary, adjust a difference in valuation of 22 land, exchange or partition land by giving or receiving consideration, and dedicate an 23 easement to public use without consideration; 24 (10) enter for any purpose into a rental agreement or lease of property 25 as lessor or lessee, with or without an option to purchase or renew, for a term within or 26 extending beyond the term of the conservatorship; 27 (11) enter into a lease or arrangement for exploration and removal of 28 minerals or other natural resources or a pooling or unitization agreement; 29 (12) grant an option involving disposition of property or accept or 30 exercise an option for the acquisition of property; 31 (13) vote a security, in person or by general or limited proxy;
01 (14) pay a call, assessment, or other sum chargeable or accruing 02 against or on account of a security; 03 (15) sell or exercise a stock subscription or conversion right; 04 (16) consent, directly or through a committee or agent, to the 05 reorganization, consolidation, merger, dissolution, or liquidation of a corporation or 06 other business enterprise; 07 (17) hold a security in the name of a nominee or in other form without 08 disclosure of the conservatorship so that title to the security may pass by delivery; 09 (18) insure 10 (A) the conservatorship estate, in whole or in part, against 11 damage or loss in accordance with AS 13.29.240(j); and 12 (B) the conservator against liability with respect to a third 13 person; 14 (19) borrow funds, with or without security, to be repaid from the 15 conservatorship estate or otherwise; 16 (20) advance funds for the protection of the conservatorship estate or 17 the individual subject to conservatorship and all expenses, losses, and liability 18 sustained in the administration of the conservatorship estate or because of holding any 19 property for which the conservator has a lien on the conservatorship estate; 20 (21) pay or contest a claim, settle a claim by or against the 21 conservatorship estate or the individual subject to conservatorship by compromise, 22 arbitration, or otherwise, or release, in whole or in part, a claim belonging to the 23 conservatorship estate to the extent the claim is uncollectible; 24 (22) pay a tax, assessment, compensation of the conservator or any 25 guardian, and other expense incurred in the collection, care, administration, and 26 protection of the conservatorship estate; 27 (23) pay a sum distributable to the individual subject to 28 conservatorship or an individual who is in fact dependent on the individual subject to 29 conservatorship by paying the sum to the distributee or for the use of the distributee 30 (A) to the guardian for the distributee; 31 (B) to the custodian of the distributee under AS 13.46 (Alaska
01 Uniform Transfers to Minors Act) or custodial trustee under AS 13.60 (Alaska 02 Uniform Custodial Trust Act); or 03 (C) if there is no guardian, custodian, or custodial trustee, to a 04 relative or other person having physical custody of the distributee; 05 (24) bring or defend an action, claim, or proceeding in any jurisdiction 06 for the protection of the conservatorship estate or the conservator in the performance 07 of the conservator's duties; 08 (25) structure the finances of the individual subject to conservatorship 09 to establish eligibility for a public benefit, including by making gifts consistent with 10 the individual's preferences, values, and prior directions, if the conservator's action 11 does not jeopardize the individual's welfare and otherwise is consistent with the duties 12 of the conservator; and 13 (26) execute and deliver any instrument that will accomplish or 14 facilitate the exercise of a power of the conservator. 15 Sec. 13.29.260. Distribution from conservatorship estate. (a) Except as 16 otherwise provided in AS 13.29.220 or qualified or limited in the court's order of 17 appointment and stated in the letters of office, and unless contrary to a plan of the 18 conservator under AS 13.29.245, the conservator may expend or distribute income or 19 principal of the conservatorship estate without specific court authorization or 20 confirmation for the support, care, education, health, or welfare of the individual 21 subject to conservatorship or an individual who is in fact dependent on the individual 22 subject to conservatorship, including the payment of child or spousal support, in 23 accordance with (b) - (e) of this section. 24 (b) The conservator shall consider a recommendation relating to the 25 appropriate standard of support, care, education, health, or welfare for the individual 26 subject to conservatorship or individual who is dependent on the individual subject to 27 conservatorship, made by a guardian for the individual subject to conservatorship, if 28 any, and, if the individual subject to conservatorship is a minor, a recommendation 29 made by a parent of the minor. 30 (c) The conservator acting in compliance with the conservator's duties under 31 AS 13.29.240 is not liable for an expenditure or distribution made based on a
01 recommendation under (b) of this section unless the conservator knows the 02 expenditure or distribution is not in the best interest of the individual subject to 03 conservatorship. 04 (d) In making an expenditure or distribution under this section, the conservator 05 shall consider 06 (1) the size of the conservatorship estate, the estimated duration of the 07 conservatorship, and the likelihood the individual subject to conservatorship, at some 08 future time, may be fully self-sufficient and able to manage the individual's financial 09 affairs and the conservatorship estate; 10 (2) the accustomed standard of living of the individual subject to 11 conservatorship and individual who is dependent on the individual subject to 12 conservatorship; 13 (3) other funds or source used for the support of the individual subject 14 to conservatorship; and 15 (4) the preferences, values, and prior directions of the individual 16 subject to conservatorship. 17 (e) Funds expended or distributed under this section may be paid by the 18 conservator to any person, including the individual subject to conservatorship, as 19 reimbursement for expenditures the conservator might have made, or in advance for 20 services to be provided to the individual subject to conservatorship or individual who 21 is dependent on the individual subject to conservatorship if it is reasonable to expect 22 the services will be performed and advance payment is customary or reasonably 23 necessary under the circumstances. 24 Sec. 13.29.265. Conservator's report and accounting; monitoring. (a) A 25 conservator shall file with the court a report in a record regarding the administration of 26 the conservatorship estate annually unless the court otherwise directs, on resignation 27 or removal, on termination of the conservatorship, and at any other time the court 28 directs. 29 (b) A report under (a) of this section must state or contain 30 (1) an accounting that lists property included in the conservatorship 31 estate and the receipts, disbursements, liabilities, and distributions during the period
01 for which the report is made; 02 (2) a list of the services provided to the individual subject to 03 conservatorship; 04 (3) a copy of the most recently approved plan of the conservator and a 05 statement whether the conservator has deviated from the plan and, if so, how the 06 conservator has deviated and why; 07 (4) a recommendation as to the need for continued conservatorship and 08 any recommended change in the scope of the conservatorship; 09 (5) to the extent feasible, a copy of the most recent reasonably 10 available financial statements evidencing the status of bank accounts, investment 11 accounts, and mortgages or other debts of the individual subject to conservatorship 12 with all but the last four digits of the account numbers and Social Security number 13 redacted; 14 (6) anything of more than minimal value that the conservator, any 15 individual who resides with the conservator, or the spouse, parent, child, or sibling of 16 the conservator has received from a person providing goods or services to the 17 individual subject to conservatorship; 18 (7) any business relation the conservator has with a person the 19 conservator has paid or that has benefited from the property of the individual subject 20 to conservatorship; and 21 (8) whether any co-conservator or successor conservator appointed to 22 serve when a designated event occurs is alive and able to serve. 23 (c) The court may appoint a visitor to review a report under this section or the 24 plan of the conservator under AS 13.29.245, interview the individual subject to 25 conservatorship or conservator, or investigate any other matter involving the 26 conservatorship. In connection with the report, the court may order the conservator to 27 submit the conservatorship estate to appropriate examination in a manner the court 28 directs. 29 (d) Notice of the filing under this section of a conservator's report, together 30 with a copy of the report, must be provided to the individual subject to 31 conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent
01 order, and other persons the court determines. The notice and report must be given not 02 later than 14 days after filing. 03 (e) The court shall establish procedures for monitoring a report submitted 04 under this section and review each report at least annually to determine whether 05 (1) the reports provide sufficient information to establish the 06 conservator has complied with the conservator's duties; 07 (2) the conservatorship should continue; and 08 (3) the requested fees of the conservator, if any, should be approved. 09 (f) If the court determines there is reason to believe a conservator has not 10 complied with the conservator's duties or the conservatorship should not continue, the 11 court 12 (1) shall notify the individual subject to conservatorship, the 13 conservator, and any other person entitled to notice under AS 13.29.205(e) or a 14 subsequent order; 15 (2) may require additional information from the conservator; 16 (3) may appoint a visitor to interview the individual subject to 17 conservatorship or conservator or investigate any matter involving the 18 conservatorship; and 19 (4) consistent with AS 13.29.300 and 13.29.305, may hold a hearing to 20 consider removal of the conservator, termination of the conservatorship, or a change in 21 the powers granted to the conservator or terms of the conservatorship. 22 (g) If the court has reason to believe fees requested by a conservator are not 23 reasonable, the court shall hold a hearing to determine whether to adjust the requested 24 fees. 25 (h) A conservator may petition the court for approval of a report filed under 26 this section. The court after review may approve the report. If the court approves the 27 report, there is a rebuttable presumption the report is accurate as to a matter adequately 28 disclosed in the report. 29 (i) An order, after notice and hearing, approving an interim report of a 30 conservator filed under this section adjudicates liabilities concerning a matter 31 adequately disclosed in the report, as to a person given notice of the report or
01 accounting. 02 (j) An order, after notice and hearing, approving a final report filed under this 03 section discharges the conservator from all liabilities, claims, and causes of action by a 04 person given notice of the report and the hearing as to a matter adequately disclosed in 05 the report. 06 Sec. 13.29.270. Attempted transfer of property by individual subject to 07 conservatorship. (a) The interest of an individual subject to conservatorship in 08 property included in the conservatorship estate is not transferrable or assignable by the 09 individual and is not subject to levy, garnishment, or similar process for claims against 10 the individual unless allowed under AS 13.29.290. 11 (b) If an individual subject to conservatorship enters into a contract after 12 having the right to enter the contract removed by the court, the contract is void against 13 the individual and the property of the individual but is enforceable against the person 14 that contracted with the individual. 15 (c) A person other than the conservator that deals with an individual subject to 16 conservatorship with respect to property included in the conservatorship estate is 17 entitled to protection provided by law of this state other than this chapter. 18 Sec. 13.29.275. Transaction involving conflict of interest. A transaction 19 involving a conservatorship estate which is affected by a substantial conflict between 20 the conservator's fiduciary duties and personal interests is voidable unless the 21 transaction is authorized by court order after notice to persons entitled to notice under 22 AS 13.29.205(e) or a subsequent order. A transaction affected by a substantial conflict 23 includes a sale, encumbrance, or other transaction involving the conservatorship estate 24 entered into by the conservator, an individual with whom the conservator resides, the 25 spouse, descendant, sibling, agent, or attorney of the conservator, or a corporation or 26 other enterprise in which the conservator has a substantial beneficial interest. 27 Sec. 13.29.280. Protection of person dealing with conservator. (a) A person 28 that assists or deals with a conservator in good faith and for value in any transaction, 29 other than a transaction requiring a court order under AS 13.29.220, is protected as 30 though the conservator properly exercised any power in question. Knowledge by a 31 person that the person is dealing with a conservator alone does not require the person
01 to inquire into the existence of authority of the conservator or the propriety of the 02 conservator's exercise of authority, but restrictions on authority stated in letters of 03 office, or otherwise provided by law, are effective as to the person. A person that pays 04 or delivers property to a conservator is not responsible for proper application of the 05 property. 06 (b) Protection under (a) of this section extends to a procedural irregularity or 07 jurisdictional defect in the proceeding leading to the issuance of letters of office and 08 does not substitute for protection for a person that assists or deals with a conservator 09 provided by comparable provisions in law of this state other than this chapter relating 10 to a commercial transaction or simplifying a transfer of securities by a fiduciary. 11 Sec. 13.29.285. Death of individual subject to conservatorship. (a) If an 12 individual subject to conservatorship dies, the conservator shall deliver to the court for 13 safekeeping any will of the individual in the possession of the conservator and inform 14 the personal representative named in the will if feasible, or if not feasible, a 15 beneficiary named in the will, of the delivery. 16 (b) On the death of an individual subject to conservatorship, the conservator 17 shall conclude the administration of the conservatorship estate as provided in (c) of 18 this section and AS 13.29.305. 19 (c) If, after 40 days from the death of the individual subject to 20 conservatorship, no other person has been appointed personal representative and no 21 application or petition for appointment is before the court, the conservator of the 22 individual on the date of the individual's death may apply to exercise the powers and 23 duties of a personal representative in order to proceed with administering and 24 distributing the decedent's estate without additional or further appointment. Upon 25 application for an order granting the powers of a personal representative to a 26 conservator, after notice to any person demanding notice under AS 13.16.070 and to 27 any person nominated executor in any will of which the applicant is aware, the court 28 may order the conferral of the power upon determining that there is no objection, and 29 endorse the letters of the conservator to note that the individual formerly subject to 30 conservatorship is deceased and that the conservator has acquired all of the powers 31 and duties of a personal representative. The making and entry of an order under this
01 subsection has the effect of an order of appointment of a personal representative as 02 provided in AS 13.16.115 and 13.16.245 - 13.16.655 except that estate in the name of 03 the conservator, after administration, may be distributed to the decedent's successors 04 without prior retransfer to the conservator as personal representative. 05 Sec. 13.29.290. Presentation and allowance of claim. (a) A conservator may 06 pay, or secure by encumbering property included in the conservatorship estate, a claim 07 against the conservatorship estate or the individual subject to conservatorship arising 08 before or during the conservatorship, on presentation and allowance in accordance 09 with the priorities under (d) of this section. A claimant may present a claim by 10 (1) sending or delivering to the conservator a statement in a record of 11 the claim, indicating its basis, the name and address of the claimant, and the amount 12 claimed; or 13 (2) filing the claim with the court, in a form acceptable to the court, 14 and sending or delivering a copy of the claim to the conservator. 15 (b) A claim under (a) of this section is presented on receipt by the conservator 16 of the statement of the claim or the filing with the court of the claim, whichever first 17 occurs. A presented claim is allowed if it is not disallowed in whole or in part by the 18 conservator in a record sent or delivered to the claimant not later than 60 days after its 19 presentation. Before payment, the conservator may change an allowance of the claim 20 to a disallowance in whole or in part, but not after allowance under a court order or 21 order directing payment of the claim. Presentation of a claim tolls until 30 days after 22 disallowance of the claim the running of a statute of limitations that has not expired 23 relating to the claim. 24 (c) A claimant whose claim under (a) of this section has not been paid may 25 petition the court to determine the claim at any time before it is barred by a statute of 26 limitations, and the court may order its allowance, payment, or security by 27 encumbering property included in the conservatorship estate. If a proceeding is 28 pending against the individual subject to conservatorship at the time of appointment of 29 the conservator or is initiated thereafter, the moving party shall give the conservator 30 notice of the proceeding if it could result in creating a claim against the 31 conservatorship estate.
01 (d) If a conservatorship estate is likely to be exhausted before all existing 02 claims are paid, the conservator shall distribute the estate in money or in kind in 03 payment of claims in the following order: 04 (1) costs and expenses of administration; 05 (2) a claim of the federal or state government having priority under law 06 other than this chapter; 07 (3) a claim incurred by the conservator for support, care, education, 08 health, or welfare previously provided to the individual subject to conservatorship or 09 an individual who is in fact dependent on the individual subject to conservatorship; 10 (4) a claim arising before the conservatorship; and 11 (5) all other claims. 12 (e) Preference may not be given in the payment of a claim under (d) of this 13 section over another claim of the same class. A claim due and payable may not be 14 preferred over a claim not due unless 15 (1) doing so would leave the conservatorship estate without sufficient 16 funds to pay the basic living and health care expenses of the individual subject to 17 conservatorship; and 18 (2) the court authorizes the preference under AS 13.29.220(a)(8). 19 (f) If assets of a conservatorship estate are adequate to meet all existing 20 claims, the court may order the conservator to grant a security interest in the 21 conservatorship estate for payment of a claim at a future date if it is in the best interest 22 of the individual subject to conservatorship. 23 Sec. 13.29.295. Personal liability of conservator. (a) Except as otherwise 24 agreed by a conservator, the conservator is not personally liable on a contract properly 25 entered into in a fiduciary capacity in the course of administration of the 26 conservatorship estate unless the conservator fails to reveal the conservator's 27 representative capacity in the contract or before entering into the contract. 28 (b) A conservator is personally liable for an obligation arising from control of 29 property of the conservatorship estate or an act or omission occurring in the course of 30 administration of the conservatorship estate only if the conservator is personally at 31 fault.
01 (c) A claim based on a contract entered into by a conservator in a fiduciary 02 capacity, an obligation arising from control of property included in the 03 conservatorship estate, or a tort committed in the course of administration of the 04 conservatorship estate may be asserted against the conservatorship estate in a 05 proceeding against the conservator in a fiduciary capacity, whether or not the 06 conservator is personally liable for the claim. 07 (d) A question of liability between a conservatorship estate and the 08 conservator personally may be determined in a proceeding for accounting, surcharge, 09 or indemnification or another appropriate proceeding or action. 10 Sec. 13.29.300. Removal of conservator; appointment of successor. (a) The 11 court may remove a conservator for failure to perform the duties of the conservator or 12 other good cause and appoint a successor conservator to assume the duties of the 13 conservator. 14 (b) The court shall hold a hearing to determine whether to remove a 15 conservator and appoint a successor on 16 (1) petition of the individual subject to conservatorship, conservator, or 17 person interested in the welfare of the individual which contains allegations that, if 18 true, would support a reasonable belief that removal of the conservator and 19 appointment of a successor may be appropriate, but the court may decline to hold a 20 hearing if a petition based on the same or substantially similar facts was filed during 21 the preceding six months; 22 (2) communication from the individual subject to conservatorship, 23 conservator, or person interested in the welfare of the individual which supports a 24 reasonable belief that removal of the conservator and appointment of a successor may 25 be appropriate; or 26 (3) determination by the court that a hearing would be in the best 27 interest of the individual subject to conservatorship. 28 (c) Notice of a petition under (b)(1) of this section must be given to the 29 individual subject to conservatorship, the conservator, and any other person the court 30 determines. 31 (d) An individual subject to conservatorship who seeks to remove the
01 conservator and have a successor appointed has the right to choose an attorney to 02 represent the individual in this matter. If the individual is not represented by an 03 attorney, the court shall appoint an attorney under the same conditions as in 04 AS 13.29.180. The court shall award reasonable attorney fees to the attorney as 05 provided in AS 13.29.490. 06 (e) In selecting a successor conservator, the court shall follow the priorities 07 under AS 13.29.200. 08 (f) Not later than 30 days after appointing a successor conservator, the court 09 shall give notice of the appointment to the individual subject to conservatorship and 10 any person entitled to notice under AS 13.29.205(e) or a subsequent order. 11 Sec. 13.29.305. Termination or modification of conservatorship. (a) A 12 conservatorship for a minor terminates on the earliest of 13 (1) a court order terminating the conservatorship; 14 (2) the minor becoming an adult or, if the minor consents or the court 15 finds by clear and convincing evidence that substantial harm to the minor's interests is 16 otherwise likely, attaining 21 years of age; 17 (3) emancipation of the minor; or 18 (4) death of the minor. 19 (b) A conservatorship for an adult terminates on order of the court or when the 20 adult dies. 21 (c) An individual subject to conservatorship, the conservator, or a person 22 interested in the welfare of the individual may petition for 23 (1) termination of the conservatorship on the ground that a basis for 24 appointment under AS 13.29.155 does not exist or termination would be in the best 25 interest of the individual or for other good cause; or 26 (2) modification of the conservatorship on the ground that the extent of 27 protection or assistance granted is not appropriate or for other good cause. 28 (d) The court shall hold a hearing to determine whether termination or 29 modification of a conservatorship is appropriate on 30 (1) petition under (c) of this section which contains allegations that, if 31 true, would support a reasonable belief that termination or modification of the
01 conservatorship may be appropriate, but the court may decline to hold a hearing if a 02 petition based on the same or substantially similar facts was filed within the preceding 03 six months; 04 (2) a communication from the individual subject to conservatorship, 05 conservator, or person interested in the welfare of the individual which supports a 06 reasonable belief that termination or modification of the conservatorship may be 07 appropriate, including because the functional needs of the individual or supports or 08 services available to the individual have changed; 09 (3) a report from a guardian or conservator which indicates that 10 termination or modification may be appropriate because the functional needs or 11 supports or services available to the individual have changed or a protective 12 arrangement instead of conservatorship or other less restrictive alternative is available; 13 or 14 (4) a determination by the court that a hearing would be in the best 15 interest of the individual. 16 (e) Notice of a petition under (c) of this section must be given to the individual 17 subject to conservatorship, the conservator, and any other person the court determines. 18 (f) On presentation of prima facie evidence for termination of a 19 conservatorship, the court shall order termination unless it is proven that a basis for 20 appointment of a conservator under AS 13.29.155 exists. 21 (g) The court shall modify the powers granted to a conservator if the powers 22 are excessive or inadequate because of a change in the abilities or limitations of the 23 individual subject to conservatorship, the supports of the individual, or other 24 circumstances. 25 (h) Unless the court otherwise orders for good cause, before terminating a 26 conservatorship, the court shall follow the same procedures to safeguard the rights of 27 the individual subject to conservatorship which apply to a petition for conservatorship. 28 (i) An individual subject to conservatorship who seeks to terminate or modify 29 the terms of the conservatorship has the right to choose an attorney to represent the 30 individual in this matter. If the individual is not represented by an attorney, the court 31 shall appoint an attorney under the same conditions as in AS 13.29.180. The court
01 shall award reasonable attorney fees to the attorney as provided in AS 13.29.490. 02 (j) On termination of a conservatorship other than because of the death of the 03 individual subject to conservatorship, property of the conservatorship estate passes to 04 the individual. The order of termination must direct the conservator to file a final 05 report and petition for discharge on approval by the court of the final report. 06 (k) On termination of a conservatorship because of the death of the individual 07 subject to conservatorship, the conservator shall promptly file a final report and 08 petition for discharge on approval by the court of the final report. On approval of the 09 final report, the conservator shall proceed expeditiously to distribute the 10 conservatorship estate to the individual's estate or as otherwise ordered by the court. 11 The conservator may take reasonable measures necessary to preserve the 12 conservatorship estate until distribution can be made. 13 (l) The court shall issue a final order of discharge on the approval by the court 14 of the final report and satisfaction by the conservator of any other condition the court 15 imposed on the conservator's discharge. 16 Sec. 13.29.310. Payment of debt and delivery of property to foreign 17 conservator without local proceedings. (a) Any person indebted to or having 18 possession of property or of an instrument evidencing a debt, stock, or chose in action 19 belonging to an individual subject to conservatorship under the law of another state 20 may pay or deliver to a conservator, guardian of the estate, or other like fiduciary 21 appointed by a court of the state of residence of the individual, upon being presented 22 with proof of the fiduciary's appointment and an affidavit made by the fiduciary or on 23 the fiduciary's behalf stating: 24 (1) that no protective proceeding relating to the individual is pending 25 in this state; and 26 (2) that the foreign conservator is entitled to payment or to receive 27 delivery. 28 (b) If the person to whom the affidavit is presented is not aware of any 29 protective proceeding pending in this state, payment or delivery in response to the 30 demand and affidavit discharges the debtor or possessor. 31 Sec. 13.29.315. Transfer for benefit of minor without appointment of
01 conservator. (a) Unless a person required to transfer funds or other property to a 02 minor knows that a conservator for the minor has been appointed or a proceeding is 03 pending for conservatorship, the person may transfer an amount or value not 04 exceeding $15,000 in a 12-month period to 05 (1) a person that has care or custody of the minor and with whom the 06 minor resides; 07 (2) a guardian for the minor; 08 (3) a custodian under AS 13.46 (Alaska Uniform Transfers to Minors 09 Act); or 10 (4) a financial institution as a deposit in an interest-bearing account or 11 certificate solely in the name of the minor and shall give notice to the minor of the 12 deposit. 13 (b) A person that transfers funds or other property under this section is not 14 responsible for its proper application. 15 (c) A person that receives funds or other property for a minor under (a)(1) or 16 (2) of this section may apply it only to the support, care, education, health, or welfare 17 of the minor, and may not derive a personal financial benefit from it, except for 18 reimbursement for necessary expenses. Funds not applied for these purposes must be 19 preserved for the future support, care, education, health, or welfare of the minor, and 20 the balance, if any, transferred to the minor when the minor becomes an adult or 21 otherwise is emancipated. 22 Article 4. Other Protective Arrangements. 23 Sec. 13.29.320. Authority for protective arrangement. (a) Under 24 AS 13.29.320 - 13.29.375, a court on receiving a petition for a 25 (1) guardianship for an adult may order a protective arrangement 26 instead of guardianship as a less restrictive alternative to guardianship; and 27 (2) conservatorship for an individual may order a protective 28 arrangement instead of conservatorship as a less restrictive alternative to 29 conservatorship. 30 (b) A person interested in an adult's welfare, including the adult or a 31 conservator for the adult, may petition under AS 13.29.320 - 13.29.375 for a
01 protective arrangement instead of guardianship. 02 (c) The following persons may petition under AS 13.29.320 - 13.29.375 for a 03 protective arrangement instead of conservatorship: 04 (1) the individual for whom the protective arrangement is sought; 05 (2) a person interested in the property, financial affairs, or welfare of 06 the individual, including a person that would be adversely affected by lack of effective 07 management of property or financial affairs of the individual; and 08 (3) the guardian for the individual. 09 Sec. 13.29.325. Basis for protective arrangement instead of guardianship 10 for adult. (a) After the hearing on a petition under AS 13.29.065 for a guardianship or 11 under AS 13.29.320(b) for a protective arrangement instead of guardianship, the court 12 may issue an order under (b) of this section for a protective arrangement instead of 13 guardianship if the court finds by clear and convincing evidence that 14 (1) the respondent lacks the ability to meet essential requirements for 15 physical health, safety, or self-care because the respondent is unable to receive and 16 evaluate information or make or communicate decisions, even with appropriate 17 supportive services, technological assistance, or supported decision making; and 18 (2) the identified needs of the respondent cannot be met by a less 19 restrictive alternative. 20 (b) If the court makes the findings under (a) of this section, the court, instead 21 of appointing a guardian, may 22 (1) authorize or direct a transaction necessary to meet the respondent's 23 need for health, safety, or care, including 24 (A) a particular medical treatment or refusal of a particular 25 medical treatment; 26 (B) a move to a specified place of dwelling; or 27 (C) a visitation or supervised visitation between the respondent 28 and another person; 29 (2) restrict access to the respondent by a specified person whose access 30 places the respondent at serious risk of physical, psychological, or financial harm; and 31 (3) order other arrangements on a limited basis that are appropriate.
01 (c) In deciding whether to issue an order under this section, the court shall 02 consider the factors under AS 13.29.120 and 13.29.125 which a guardian must 03 consider when making a decision on behalf of an adult subject to guardianship. 04 Sec. 13.29.330. Basis for protective arrangement instead of 05 conservatorship for adult or minor. (a) After the hearing on a petition under 06 AS 13.29.160 for conservatorship for an adult or under AS 13.29.320(c) for a 07 protective arrangement instead of conservatorship for an adult, the court may issue an 08 order under (c) of this section for a protective arrangement instead of conservatorship 09 for the adult if the court finds by clear and convincing evidence that 10 (1) the adult is unable to manage property or financial affairs because 11 (A) of a limitation in the ability to receive and evaluate 12 information or make or communicate decisions, even with appropriate 13 supportive services, technological assistance, or supported decision making; or 14 (B) the adult is missing, detained, or unable to return to the 15 United States; 16 (2) an order under (c) of this section is necessary to 17 (A) avoid harm to the adult or significant dissipation of the 18 property of the adult; or 19 (B) obtain or provide funds or other property needed for the 20 support, care, education, health, or welfare of the adult or an individual entitled 21 to the adult's support; and 22 (3) the identified needs of the respondent cannot be met by a less 23 restrictive alternative. 24 (b) After the hearing on a petition under AS 13.29.160 for conservatorship for 25 a minor or under AS 13.29.320(c) for a protective arrangement instead of 26 conservatorship for a minor, the court may issue an order under (c) of this section for a 27 protective arrangement instead of conservatorship for the respondent if the court finds 28 by a preponderance of the evidence that 29 (1) the arrangement is in the best interest of the minor; if the minor has 30 a parent, the court shall give weight to any recommendation of the parent on whether 31 an arrangement is in the best interest of the minor; and
01 (2) one of the following applies: 02 (A) the minor owns money or property requiring management 03 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 minor's age; or 06 (C) the arrangement is necessary or desirable to obtain or 07 provide funds or other property needed for the support, care, education, health, 08 or welfare of the minor; and 09 (3) the order under (c) of this section is necessary or desirable to obtain 10 or provide money needed for the support, care, education, health, or welfare of the 11 minor. 12 (c) If the court makes the findings under (a) or (b) of this section, the court, 13 instead of appointing a conservator, may 14 (1) authorize or direct a transaction necessary to protect the financial 15 interest or property of the respondent, including 16 (A) an action to establish eligibility for benefits; 17 (B) the payment, delivery, deposit, or retention of funds or 18 property; 19 (C) the sale, mortgage, lease, or other transfer of property; 20 (D) the purchase of an annuity; 21 (E) the entry into a contractual relationship, including a 22 contract to provide for personal care, supportive services, education, training, 23 or employment; 24 (F) the addition to or establishment of a trust; 25 (G) the ratification or invalidation of a contract, trust, will, or 26 other transaction, including a transaction related to the property or business 27 affairs of the respondent; or 28 (H) the settlement of a claim; or 29 (2) restrict access to the property of the respondent by a specified 30 person whose access to the property places the respondent at serious risk of financial 31 harm.
01 (d) After the hearing on a petition under AS 13.29.320(a)(2) or (c), whether or 02 not the court makes the findings under (a) or (b) of this section, the court may issue an 03 order to restrict access to the respondent or the property of the respondent by a 04 specified person that the court finds by clear and convincing evidence 05 (1) through fraud, coercion, duress, or the use of deception and control 06 caused or attempted to cause an action that would have resulted in financial harm to 07 the respondent or the property of the respondent; and 08 (2) poses a serious risk of substantial financial harm to the respondent 09 or the property of the respondent. 10 (e) Before issuing an order under (c) or (d) of this section, the court shall 11 consider the factors under AS 13.29.240 a conservator must consider when making a 12 decision on behalf of an individual subject to conservatorship. If the respondent is a 13 minor, the court also shall consider the best interest of the minor, the preference of the 14 parents of the minor, and the preference of the minor, if the minor is 12 years of age or 15 older. 16 Sec. 13.29.335. Petition for protective arrangement. A petition for a 17 protective arrangement instead of guardianship or conservatorship must state the 18 petitioner's name, principal residence, current street address, if different, relationship 19 to the respondent, interest in the protective arrangement, the name and address of any 20 attorney representing the petitioner, and, to the extent known, the following: 21 (1) the respondent's name, age, principal residence, current street 22 address, if different, and, if different, address of the dwelling in which it is proposed 23 the respondent will reside if the petition is granted; 24 (2) the name and address of the respondent's 25 (A) spouse or, if the respondent has none, an adult with whom 26 the respondent has shared household responsibilities for more than six months 27 in the 12-month period before the filing of the petition; 28 (B) adult children or, if none, each parent and adult sibling of 29 the respondent, or, if none, at least one adult nearest in kinship to the 30 respondent who can be found with reasonable diligence; and 31 (C) adult stepchildren whom the respondent actively parented
01 during the minor years of the stepchildren and with whom the respondent had 02 an ongoing relationship in the two-year period immediately before the filing of 03 the petition; 04 (3) the name and current address of each of the following, if 05 applicable: 06 (A) a person responsible for the care or custody of the 07 respondent; 08 (B) any attorney currently representing the respondent; 09 (C) the representative payee appointed by the United States 10 Social Security Administration for the respondent; 11 (D) a guardian or conservator acting for the respondent in this 12 state or another jurisdiction; 13 (E) a trustee or custodian of a trust or custodianship of which 14 the respondent is a beneficiary; 15 (F) the fiduciary appointed for the respondent by the United 16 States Department of Veterans Affairs; 17 (G) an agent designated under a durable power of attorney for 18 health care under AS 13.52 in which the respondent is identified as the 19 principal; 20 (H) an agent designated under a power of attorney under 21 AS 13.26 in which the respondent is identified as the principal; 22 (I) a person nominated as guardian or conservator by the 23 respondent if the respondent is 12 years of age or older; 24 (J) a person nominated as guardian by the parent or spouse of 25 the respondent in a will or other signed record; 26 (K) a person known to have routinely assisted the respondent 27 with decision making in the six-month period immediately before the filing of 28 the petition; and 29 (L) if the respondent is a minor, 30 (i) an adult not otherwise listed with whom the 31 respondent resides; and
01 (ii) each person not otherwise listed that had primary 02 care or custody of the respondent for at least 60 days during the two 03 years immediately before the filing of the petition or for at least 730 04 days during the five years immediately before the filing of the petition; 05 (4) the nature of the protective arrangement sought; 06 (5) the reason the protective arrangement sought is necessary, 07 including a brief description of 08 (A) the nature and extent of the alleged need of the respondent; 09 (B) any less restrictive alternative for meeting the alleged need 10 of the respondent which has been considered or implemented; 11 (C) if no less restrictive alternative has been considered or 12 implemented, the reason less restrictive alternatives have not been considered 13 or implemented; and 14 (D) the reason other less restrictive alternatives are insufficient 15 to meet the alleged need of the respondent; 16 (6) the name and current address, if known, of any person with whom 17 the petitioner seeks to limit the respondent's contact; 18 (7) whether the respondent needs an interpreter, translator, or other 19 form of support to communicate effectively with the court or understand court 20 proceedings; 21 (8) if a protective arrangement instead of guardianship is sought and 22 the respondent has property other than personal effects, a general statement of the 23 respondent's property with an estimate of its value, including any insurance or 24 pension, and the source and amount of any other anticipated income or receipts; and 25 (9) if a protective arrangement instead of conservatorship is sought, a 26 general statement of the respondent's property with an estimate of its value, including 27 any insurance or pension, and the source and amount of other anticipated income or 28 receipts. 29 Sec. 13.29.340. Notice and hearing. (a) On filing of a petition under 30 AS 13.29.320, the court shall set a date, time, and place for a hearing on the petition. 31 (b) A copy of a petition under AS 13.29.320 and notice of a hearing on the
01 petition must be served personally on the respondent. The notice must inform the 02 respondent of the respondent's rights at the hearing, including the right to an attorney 03 and to attend the hearing. The notice must include a description of the nature, purpose, 04 and consequences of granting the petition. The court may not grant the petition if 05 notice substantially complying with this subsection is not served on the respondent. 06 (c) In a proceeding on a petition under AS 13.29.320, the notice required 07 under (b) of this section must be given to the persons required to be listed in the 08 petition under AS 13.29.335(1) - (3) and any other person interested in the welfare of 09 the respondent the court determines. Failure to give notice under this subsection does 10 not preclude the court from granting the petition. 11 (d) After the court has ordered a protective arrangement under AS 13.29.320 - 12 13.29.375, notice of a hearing on a petition filed under this chapter, together with a 13 copy of the petition, must be given to the respondent and any other person the court 14 determines. 15 Sec. 13.29.345. Appointment and role of visitor. (a) On filing of a petition 16 under AS 13.29.320 for a protective arrangement instead of guardianship, the court 17 shall appoint a visitor. The visitor must be an individual with training or experience in 18 the type of abilities, limitations, and needs alleged in the petition. 19 (b) On filing of a petition under AS 13.29.320 for a protective arrangement 20 instead of conservatorship for a minor, the court may appoint a visitor to investigate a 21 matter related to the petition or inform the minor or a parent of the minor about the 22 petition or a related matter. 23 (c) On filing of a petition under AS 13.29.320 for a protective arrangement 24 instead of conservatorship for an adult, the court shall appoint a visitor. The visitor 25 must be an individual with training or experience in the types of abilities, limitations, 26 and needs alleged in the petition. 27 (d) A visitor appointed under (a) or (c) of this section shall interview the 28 respondent in person and, in a manner the respondent is best able to understand, 29 (1) explain to the respondent the substance of the petition, the nature, 30 purpose, and effect of the proceeding, and the rights of the respondent at the hearing 31 on the petition;
01 (2) determine the views of the respondent with respect to the order 02 sought; 03 (3) inform the respondent of the respondent's right to employ and 04 consult with an attorney at the respondent's expense and the right to request a court- 05 appointed attorney; 06 (4) inform the respondent that all costs and expenses of the proceeding, 07 including respondent's attorney fees, may be paid from the respondent's assets; 08 (5) if the petitioner seeks an order related to the dwelling of the 09 respondent, visit the respondent's present dwelling and any dwelling in which it is 10 reasonably believed the respondent will live if the order is granted; 11 (6) if a protective arrangement instead of guardianship is sought, 12 obtain information from any physician or other person known to have treated, advised, 13 or assessed the respondent's relevant physical or mental condition; 14 (7) if a protective arrangement instead of conservatorship is sought, 15 review financial records of the respondent, if relevant to the visitor's recommendation 16 under (e)(3) of this section; and 17 (8) investigate the allegations in the petition and any other matter 18 relating to the petition the court directs. 19 (e) A visitor under this section shall promptly file a report in a record with the 20 court, which must include 21 (1) a recommendation whether an attorney should be appointed to 22 represent the respondent; 23 (2) to the extent relevant to the order sought, a summary of self-care, 24 independent-living tasks, and financial management tasks the respondent 25 (A) can manage without assistance or with existing supports; 26 (B) could manage with the assistance of appropriate supportive 27 services, technological assistance, or supported decision making; and 28 (C) cannot manage; 29 (3) a recommendation regarding the appropriateness of the protective 30 arrangement sought and whether a less restrictive alternative for meeting the needs of 31 the respondent is available;
01 (4) if the petition seeks to change the physical location of the dwelling 02 of the respondent, a statement whether the proposed dwelling meets the needs of the 03 respondent and whether the respondent has expressed a preference as to the 04 respondent's dwelling; 05 (5) a recommendation whether a professional evaluation under 06 AS 13.29.355 is necessary; 07 (6) a statement whether the respondent is able to attend a hearing at the 08 location where court proceedings typically are held; 09 (7) a statement whether the respondent is able to participate in a 10 hearing and which identifies any technology or other form of support that would 11 enhance the respondent's ability to participate; and 12 (8) any other matter the court directs. 13 Sec. 13.29.350. Appointment and role of attorney. (a) The court shall 14 appoint an attorney to represent the respondent in a proceeding under AS 13.29.320 - 15 13.29.375 if 16 (1) the respondent requests the appointment; 17 (2) the visitor recommends the appointment; or 18 (3) the court determines the respondent needs representation. 19 (b) An attorney representing the respondent in a proceeding under 20 AS 13.29.320 - 13.29.375 shall 21 (1) make reasonable efforts to ascertain the wishes of the respondent; 22 (2) advocate for the wishes of the respondent to the extent reasonably 23 ascertainable; and 24 (3) if the wishes of the respondent are not reasonably ascertainable, 25 advocate for the result that is the least restrictive alternative in type, duration, and 26 scope, consistent with the interests of the respondent. 27 Sec. 13.29.355. Professional evaluation. (a) At or before a hearing on a 28 petition under AS 13.29.320 - 13.29.375 for a protective arrangement, the court shall 29 order a professional evaluation of the respondent 30 (1) if the respondent requests the evaluation; or 31 (2) in other cases, unless the court finds that it has sufficient
01 information to determine the needs and abilities of the respondent without the 02 evaluation. 03 (b) If the court orders an evaluation under (a) of this section, the respondent 04 must be examined by a licensed physician, psychologist, social worker, or other 05 individual appointed by the court who is qualified to evaluate the respondent's alleged 06 cognitive and functional abilities and limitations and does not have a conflict of 07 interest. The individual conducting the evaluation shall promptly file a report in a 08 record with the court. Unless otherwise directed by the court, the report must contain 09 (1) a description of the nature, type, and extent of the respondent's 10 cognitive and functional abilities and limitations; 11 (2) an evaluation of the respondent's mental and physical condition 12 and, if appropriate, educational potential, adaptive behavior, and social skills; 13 (3) a prognosis for improvement, including with regard to the ability to 14 manage the property and financial affairs of the respondent if a limitation in that 15 ability is alleged, and recommendation for the appropriate treatment, support, or 16 habilitation plan; and 17 (4) the date of the examination on which the report is based. 18 (c) The respondent may decline to participate in an evaluation ordered under 19 (a) of this section. 20 Sec. 13.29.360. Attendance and rights at hearing. (a) Except as otherwise 21 provided in (b) of this section, a hearing under AS 13.29.320 - 13.29.375 may not 22 proceed unless the respondent attends the hearing. If it is not reasonably feasible for 23 the respondent to attend a hearing at the location where court proceedings typically are 24 held, the court shall make reasonable efforts to hold the hearing at an alternative 25 location convenient to the respondent or allow the respondent to attend the hearing 26 using real-time audiovisual technology. 27 (b) A hearing under AS 13.29.320 - 13.29.375 may proceed without the 28 respondent in attendance if the court finds by clear and convincing evidence that 29 (1) the respondent consistently and repeatedly has refused to attend the 30 hearing after having been fully informed of the right to attend and the potential 31 consequences of failing to do so;
01 (2) there is no practicable way for the respondent to attend and 02 participate in the hearing even with appropriate supportive services and technological 03 assistance; or 04 (3) the respondent is a minor who has received proper notice and 05 attendance would be harmful to the minor. 06 (c) The respondent has a right to choose an attorney to represent the 07 respondent at a hearing under AS 13.29.320 - 13.29.375. 08 (d) At a hearing under AS 13.29.320 - 13.29.375, the respondent may 09 (1) present evidence and subpoena witnesses and documents; 10 (2) examine witnesses, including any court-appointed evaluator and 11 the visitor; and 12 (3) otherwise participate in the hearing. 13 (e) A hearing under AS 13.29.320 - 13.29.375 must be closed on request of 14 the respondent and a showing of good cause. 15 (f) Any person may request to participate in a hearing under AS 13.29.320 - 16 13.29.375. The court may grant the request, with or without a hearing, on determining 17 that the best interest of the respondent will be served. The court may impose 18 appropriate conditions on the person's participation. 19 Sec. 13.29.365. Notice of order. The court shall give notice of an order under 20 AS 13.29.320 - 13.29.375 to the individual who is subject to the protective 21 arrangement instead of guardianship or conservatorship, a person whose access to the 22 individual is restricted by the order, and any other person the court determines. 23 Sec. 13.29.370. Confidentiality of records. (a) The existence of a proceeding 24 for or the existence of a protective arrangement instead of guardianship or 25 conservatorship is a matter of public record unless the court seals the record after 26 (1) the respondent, the individual subject to the protective 27 arrangement, or the parent of a minor subject to the protective arrangement requests 28 that the record be sealed; and 29 (2) one of the following occurs: 30 (A) the proceeding is dismissed; 31 (B) the protective arrangement is no longer in effect; or
01 (C) an act authorized by the order granting the protective 02 arrangement has been completed. 03 (b) A respondent, an individual subject to a protective arrangement instead of 04 guardianship or conservatorship, an attorney designated by the respondent or 05 individual, a parent of a minor subject to a protective arrangement, and any other 06 person the court determines are entitled to access court records of the proceeding and 07 resulting protective arrangement. A person not otherwise entitled to access court 08 records under this subsection for good cause may petition the court for access. The 09 court shall grant access if access is in the best interest of the respondent or individual 10 subject to the protective arrangement or furthers the public interest and does not 11 endanger the welfare or financial interests of the respondent or individual. 12 (c) A report of a visitor or professional evaluation generated in the course of a 13 proceeding under AS 13.29.320 - 13.29.375 must be sealed on filing but is available t 14 (1) the court; 15 (2) the individual who is the subject of the report or evaluation, 16 without limitation as to use; 17 (3) the petitioner, visitor, and petitioner's and respondent's attorneys, 18 for purposes of the proceeding; 19 (4) unless the court orders otherwise, an agent appointed under a 20 power of attorney under AS 13.26 in which the respondent is the principal; 21 (5) if the order is for a protective arrangement instead of guardianship 22 and unless the court orders otherwise, an agent appointed under a durable power of 23 attorney for health care under AS 13.52 in which the respondent is identified as the 24 principal; and 25 (6) any other person if it is in the public interest or for a purpose the 26 court orders for good cause. 27 Sec. 13.29.375. Appointment of master. The court may appoint a master to 28 assist in implementing a protective arrangement under AS 13.29.320 - 13.29.375. The 29 master has the authority conferred by the order of appointment and serves until 30 discharged by court order. 31 Article 5. Forms.
01 Sec. 13.29.380. Use of forms. Use of the forms contained in AS 13.29.380 - 02 13.29.395 is optional. Failure to use these forms does not prejudice any party. 03 Sec. 13.29.385. Petition for guardianship for minor. This form may be used 04 to petition for guardianship for a minor. 05 Petition for Guardianship for Minor 06 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT 07 _____________________________________________________________ 08 Name and address of attorney representing Petitioner, if applicable: 09 _______________________________________________________________ 10 NOTE TO PETITIONER: This form can be used to petition for a guardian for 11 a minor. A court may appoint a guardian for a minor who does not have a 12 guardian if the court finds the appointment is in the best interest of the minor, 13 and (1) the parents consent after being fully informed of the nature and 14 consequences of guardianship; (2) all parental rights have been terminated; or 15 (3) the court finds by clear and convincing evidence that the parents are 16 unwilling or unable to exercise their parental rights. 17 (1) INFORMATION ABOUT THE PERSON FILING THIS 18 PETITION (THE "PETITIONER"). 19 a. Name: _______________________________________________ 20 b. Principal residence: ____________________________________ 21 c. Current street address (if different): ________________________ 22 d. Relationship to minor: __________________________________ 23 e. Interest in this petition: __________________________________ 24 f. Telephone number (optional): _____________________________ 25 g. Email address (optional): ________________________________ 26 (2) INFORMATION ABOUT THE MINOR ALLEGED TO 27 NEED A GUARDIAN. 28 Provide the following information to the extent known: 29 a. Name: ______________________________________________ 30 b. Age: _______________________________________________ 31 c. Principal residence: ___________________________________
01 d. Current street address (if different): _______________________ 02 e. If Petitioner anticipates the minor moving, or seeks to move the minor, 03 proposed new address: ____________________________________ 04 f. Does the minor need an interpreter, translator, or other form of support to 05 communicate with the court or understand court proceedings? If so, please 06 explain. ________________________________________________ 07 g. Telephone number (optional): ____________________________ 08 h. Email address (optional): ________________________________ 09 (3) INFORMATION ABOUT THE MINOR'S PARENT(S). 10 a. Name(s) of living parent(s): _____________________________________ 11 b. Current street address(es) of living parent(s): _______________________ 12 c. Does any parent 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 (4) PEOPLE WHO ARE REQUIRED TO BE NOTIFIED OF 16 THIS PETITION. State the name and current address of the people listed in 17 Appendix A. 18 (5) APPOINTMENT REQUESTED. State the name and 19 address of any proposed guardian and the reason the proposed guardian should 20 be selected. 21 (6) STATE WHY PETITIONER SEEKS THE 22 APPOINTMENT. Include a description of the nature and extent of the minor's 23 alleged need. 24 (7) PROPERTY. If the minor has property other than personal 25 effects, state the minor's property with an estimate of its value. 26 (8) OTHER PROCEEDINGS. If there are any other 27 proceedings concerning the care or custody of the minor currently pending in 28 any court in this state or another jurisdiction, please describe them. 29 (9) ATTORNEY(S). If the minor or the minor's parent is 30 represented by an attorney in this matter, state the name, [telephone number, 31 email address,] and address of the attorney(s).
01 SIGNATURE 02 _________________________________ _______________ 03 Signature of Petitioner Date 04 05 ______________________________ _______________ 06 Signature of Petitioner's Attorney if Date 07 Petitioner is Represented by Counsel 08 APPENDIX A: 09 People whose name and address must be listed in Section 4 of this petition if 10 they are not the Petitioner. 11 (1) The minor, if the minor is 12 years of age or older. 12 (2) Each parent of the minor or, if there are none, the adult nearest in 13 kinship that can be found. 14 (3) An adult with whom the minor resides. 15 (4) Each person that had primary care or custody of the minor for at 16 least 60 days during the two years immediately before the filing of the petition or for 17 at least 730 days during the five years immediately before the filing of the petition. 18 (5) If the minor is 12 years of age or older, any person nominated as 19 guardian by the minor. 20 (6) Any person nominated as guardian by a parent of the minor. 21 (7) The grandparents of the minor. 22 (8) Adult siblings of the minor. 23 (9) Any current guardian or conservator for the minor appointed in this 24 state or another jurisdiction. 25 Sec. 13.29.390. Petition for guardianship, conservatorship, or protective 26 arrangement. This form may be used to petition for 27 (1) guardianship for an adult; 28 (2) conservatorship for an adult or minor; 29 (3) a protective arrangement instead of guardianship for an adult; or 30 (4) a protective arrangement instead of conservatorship for an adult or 31 minor.
01 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT 02 ______________________________________________________________ 03 Name and address of attorney representing Petitioner, if 04 applicable:_____________________________________________________ 05 NOTE TO PETITIONER: This form can be used to petition for a 06 guardian, conservator, or both, or for a protective arrangement instead of either 07 a guardianship or conservatorship. This form should not be used to petition for 08 guardianship for a minor. 09 The court may appoint a guardian or order a protective arrangement 10 instead of guardianship for an adult if (1) the adult lacks the ability to meet 11 essential requirements for physical health, safety, or self-care because the adult 12 is unable to receive and evaluate information or make or communicate 13 decisions even with the use of supportive services, technological assistance, 14 and supported decision-making; and (2) the adult's identified needs cannot be 15 met by a less restrictive alternative. 16 The court may appoint a conservator or order a protective arrangement 17 instead of conservatorship for an adult if (1) the adult is unable to manage 18 property and financial affairs because of a limitation in the ability to receive 19 and evaluate information or make or communicate decisions even with the use 20 of supportive services, technological assistance, and supported decision- 21 making or the adult is missing, detained, or unable to return to the United 22 States; and (2) appointment is necessary to avoid harm to the adult or 23 significant dissipation of the property of the adult, or to obtain or provide funds 24 or other property needed for the support, care, education, health, or welfare of 25 the adult, or of an individual who is entitled to the adult's support, and 26 protection is necessary or desirable to provide funds or other property for that 27 purpose. 28 The court may appoint a conservator or order a protective arrangement 29 instead of conservatorship for a minor if (1) the minor owns funds or other 30 property requiring management or protection that cannot otherwise be 31 provided; or (2) it would be in the best interest of the minor, and the minor has
01 or may have financial affairs that may be put at unreasonable risk or hindered 02 because of the minor's age, or appointment is necessary or desirable to provide 03 funds or other property needed for the support, care, education, health, or 04 welfare of the minor. 05 The court may also order a protective arrangement instead of 06 conservatorship that restricts access to an individual or an individual's property 07 by a person that the court finds (1) through fraud, coercion, duress, or the use 08 of deception and control, caused, or attempted to cause, an action that would 09 have resulted in financial harm to the individual or the individual's property; 10 and (2) poses a serious risk of substantial financial harm to the individual or 11 the individual's property. 12 (1) INFORMATION ABOUT THE PERSON FILING THIS 13 PETITION (THE "PETITIONER"). 14 a. Name: _________________________________________________________ 15 b. Principal residence: _______________________________________________ 16 c. Current street address (if different): __________________________________ 17 d. Relationship to Respondent: ________________________________________ 18 e. Interest in this petition: ____________________________________________ 19 f. Telephone number (optional): _______________________________________ 20 g. Email address (optional): __________________________________________ 21 (2) INFORMATION ABOUT THE INDIVIDUAL ALLEGED 22 TO NEED PROTECTION (THE "RESPONDENT"). 23 Provide the following information to the extent known. 24 a. Name: _________________________________________________________ 25 b. Age: __________________________________________________________ 26 c. Principal residence: ______________________________________________ 27 d. Current street address (if different): __________________________________ 28 e. If Petitioner anticipates Respondent moving, or seeks to move Respondent, 29 proposed new address: ____________________________________________ 30 f. Does Respondent need an interpreter, translator, or other form of support to 31 communicate with the court or understand court proceedings? If so, please
01 explain. ________________________________________________________ 02 g. Telephone number (optional): ____________________________________ 03 h. Email address (optional): _______________________________________ 04 (3) PEOPLE WHO ARE REQUIRED TO BE NOTIFIED OF 05 THIS PETITION. State the name and address of the people listed in Appendix 06 A. 07 (4) EXISTING AGENTS. State the name and address of any 08 person appointed as an agent under a power of attorney under AS 13.26 or 09 durable power of attorney for health care under AS 13.52, or who has been 10 appointed as the individual's representative for payment of benefits. 11 (5) ACTION REQUESTED. State whether Petitioner is 12 seeking appointment of a guardian, a conservator, or a protective arrangement 13 instead of an appointment. 14 (6) ORDER REQUESTED OR APPOINTMENT 15 REQUESTED. If seeking a protective arrangement instead of a guardianship 16 or conservatorship, state the transaction or other action you want the court to 17 order. If seeking appointment of a guardian or conservator, state the powers 18 Petitioner requests the court grant to a guardian or conservator. 19 (7) STATE WHY THE APPOINTMENT OR PROTECTIVE 20 ARRANGEMENT SOUGHT IS NECESSARY. Include a description of the 21 nature and extent of Respondent's alleged need. 22 (8) STATE ALL LESS RESTRICTIVE ALTERNATIVES TO 23 MEETING RESPONDENT'S ALLEGED NEED THAT HAVE BEEN 24 CONSIDERED OR IMPLEMENTED. Less restrictive alternatives could 25 include supported decision-making, technological assistance, or the 26 appointment of an agent by Respondent, including appointment under a power 27 of attorney under AS 13.26 or durable power of attorney for health care under 28 AS 13.52. If no alternative has been considered or implemented, state the 29 reason why. 30 (9) EXPLAIN WHY LESS RESTRICTIVE ALTERNATIVES 31 WILL NOT MEET RESPONDENT'S ALLEGED NEED.
01 (10) PROVIDE A GENERAL STATEMENT OF 02 RESPONDENT'S PROPERTY AND AN ESTIMATE OF ITS VALUE. 03 Include any real property such as a house or land, insurance or pension, and the 04 source and amount of any other anticipated income or receipts. As part of this 05 statement, indicate, if known, how the property is titled (for example, is it 06 jointly owned?). 07 (11) FOR A PETITION SEEKING APPOINTMENT OF A 08 CONSERVATOR. (Skip this section if not asking for appointment of a 09 conservator.) 10 a. If seeking appointment of a conservator with all powers permissible under 11 this state's law, explain why appointment of a conservator with fewer powers 12 (i.e., a "limited conservatorship") or other protective arrangement instead of 13 conservatorship will not meet the individual's alleged needs. 14 b. If seeking a limited conservatorship, state the property Petitioner requests 15 be placed under the conservator's control and any proposed limitation on the 16 conservator's powers and duties. 17 c. State the name and address of any proposed conservator and the reason the 18 proposed conservator should be selected. 19 d. If Respondent is 12 years of age or older, state the name and address of any 20 person Respondent nominates as conservator. 21 e. If alleging a limitation in Respondent's ability to receive and evaluate 22 information, provide a brief description of the nature and extent of 23 Respondent's alleged limitation. 24 f. If alleging that Respondent is missing, detained, or unable to return to the 25 United States, state the relevant circumstances, including the time and nature 26 of the disappearance or detention and a description of any search or inquiry 27 concerning the Respondent's whereabouts. 28 (12) FOR A PETITION SEEKING APPOINTMENT OF A 29 GUARDIAN. (Skip this section if not asking for appointment of a guardian.) 30 a. If seeking appointment of a guardian with all powers permissible under this 31 state's law, explain why appointment of a guardian with fewer powers (i.e., a
01 "limited guardianship") or other protective arrangement instead of 02 guardianship will not meet the individual's alleged needs. 03 b. If seeking a limited guardianship, state the powers Petitioner requests be 04 granted to the guardian. 05 c. State the name and address of any proposed guardian and the reason the 06 proposed guardian should be selected. 07 d. State the name and address of any person nominated as guardian by 08 Respondent, or, in a will or other signed writing or other record, by 09 Respondent's parent or spouse. 10 (13) ATTORNEY. If Petitioner, Respondent, or, if Respondent 11 is a minor, Respondent's parent is represented by an attorney in this matter, 12 state the name, telephone number, email address, and address of the 13 attorney(s). 14 SIGNATURE 15 _________________________________ _______________ 16 Signature of Petitioner Date 17 18 ______________________________ _______________ 19 Signature of Petitioner's Attorney if Date 20 Petitioner is Represented by Counsel 21 APPENDIX A: 22 People whose name and address must be listed in Section 3 of this petition, if 23 they are not the Petitioner. 24 (1) Respondent's spouse or if Respondent has none, any adult with 25 whom Respondent has shared household responsibilities in the past six months. 26 (2) Respondent's adult children, or, if Respondent has none, 27 Respondent's parents and adult siblings, or if Respondent has none, one or more adults 28 nearest in kinship to Respondent who can be found with reasonable diligence. 29 (3) Respondent's adult stepchildren whom Respondent actively 30 parented during the stepchildren's minor years and with whom Respondent had an 31 ongoing relationship within two years of this petition.
01 (4) Any person responsible for the care or custody of Respondent. 02 (5) Any attorney currently representing Respondent. 03 (6) Any representative payee for Respondent appointed by the United 04 States Social Security Administration. 05 (7) Any current guardian or conservator for Respondent appointed in 06 this state or another jurisdiction. 07 (8) Any trustee or custodian of a trust or custodianship of which 08 Respondent is a beneficiary. 09 (9) Any fiduciary for Respondent appointed by the United States 10 Department of Veterans Affairs. 11 (10) Any person Respondent has designated as agent under a power of 12 attorney under AS 13.26. 13 (11) Any person Respondent has designated as agent under a durable 14 power of attorney for health care under AS 13.52. 15 (12) Any person known to have routinely assisted the individual with 16 decision making in the previous six months. 17 (13) Any person Respondent nominates as guardian or conservator. 18 (14) Any person nominated as guardian by Respondent's parent or 19 spouse in a will or other signed writing or other record. 20 Sec. 13.29.395. Notification of rights for adult subject to guardianship or 21 conservatorship. This form may be used to notify an adult subject to guardianship or 22 conservatorship of the adult's rights under AS 13.29.110 and 13.29.210. 23 NOTIFICATION OF RIGHTS 24 You are getting this notice because a guardian, conservator, or both have been 25 appointed for you. It tells you about some important rights you have. It does 26 not tell you about all your rights. If you have questions about your rights, you 27 can ask an attorney or another person, including your guardian or conservator, 28 to help you understand your rights. 29 GENERAL RIGHTS: You have the right to exercise any right the court 30 has not given to your guardian or conservator. You also have the right to ask 31 the court to
01 (1) end your guardianship, conservatorship, or both; 02 (2) increase or decrease the powers granted to your guardian, 03 conservator, or both; 04 (3) make other changes that affect what your guardian or 05 conservator can do or how they do it; and 06 (4) replace the person that was appointed with someone else. 07 You also have a right to hire an attorney to help you do any of these things. 08 ADDITIONAL RIGHTS FOR PERSONS FOR WHOM A 09 GUARDIAN HAS BEEN APPOINTED: As an adult subject to guardianship, 10 you have a right to 11 (1) be involved in decisions affecting you, including decisions 12 about your care, where you live, your activities, and your social interactions, to 13 the extent reasonably feasible; 14 (2) be involved in decisions about your health care to the extent 15 reasonably feasible, and to have other people help you understand the risks and 16 benefits of health care options; 17 (3) be notified at least 14 days in advance of a change in where 18 you live or a permanent move to a nursing home, mental health facility, or 19 other facility that places restrictions on your ability to leave or have visitors, 20 unless the guardian has proposed this change in the guardian's plan or the court 21 has expressly authorized it; 22 (4) ask the court to prevent your guardian from changing where 23 you live or selling or surrendering your primary dwelling by objecting to such 24 a move in compliance with AS 13.29.125; 25 (5) vote and get married unless the court order appointing your 26 guardian states that you cannot do so; 27 (6) receive a copy of your guardian's report and your guardian's 28 plan; and 29 (7) communicate, visit, or interact with other people (this 30 includes the right to have visitors, to make and receive telephone calls, 31 personal mail, or electronic communications) unless
01 (A) your guardian has been authorized by the court by 02 specific order to restrict these communications, visits, or interactions; 03 (B) a protective order is in effect that limits contact 04 between you and other people; or 05 (C) your guardian has good cause to believe the 06 restriction is needed to protect you from significant physical, 07 psychological, or financial harm and the restriction is for not more than 08 seven business days if the person has a family or pre-existing social 09 relationship with you or not more than 60 days if the person does not 10 have that kind of relationship with you. 11 ADDITIONAL RIGHTS FOR PERSONS FOR WHOM A 12 CONSERVATOR HAS BEEN APPOINTED: As an adult subject to 13 conservatorship, you have a right to 14 (1) participate in decisions about how your property is 15 managed to the extent feasible; and 16 (2) receive a copy of your conservator's inventory, report, and 17 plan. 18 Article 6. Miscellaneous Provisions. 19 Sec. 13.29.400. Uniformity of application and construction. In applying and 20 construing this chapter, consideration must be given to the need to promote uniformity 21 of the law with respect to its subject matter among states that enact it. 22 Sec. 13.29.405. Relation to Electronic Signatures in Global and National 23 Commerce Act. This chapter modifies, limits, or supersedes 15 U.S.C. 7001 - 7031 24 (Electronic Signatures in Global and National Commerce Act), but does not modify, 25 limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the 26 notices described in 15 U.S.C. 7003(b). 27 Article 7. General Provisions. 28 Sec. 13.29.410. Supplemental principles of law and equity applicable. 29 Unless displaced by a particular provision of this chapter, the principles of law and 30 equity supplement its provisions. 31 Sec. 13.29.415. Subject matter jurisdiction. (a) Except to the extent
01 jurisdiction is precluded by AS 25.30 (Uniform Child Custody Jurisdiction and 02 Enforcement Act), a court of this state has jurisdiction over a guardianship for a minor 03 domiciled or present in this state. The court has jurisdiction over a conservatorship or 04 protective arrangement instead of conservatorship for a minor domiciled or having 05 property in this state. 06 (b) A court of this state has jurisdiction over a guardianship, conservatorship, 07 or protective arrangement under AS 13.29.320 - 13.29.375 for an adult as provided in 08 AS 13.27 (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act). 09 (c) After notice is given in a proceeding for a guardianship, conservatorship, 10 or protective arrangement under AS 13.29.320 - 13.29.375 and until termination of the 11 proceeding, the court in which the petition is filed has 12 (1) exclusive jurisdiction to determine the need for the guardianship, 13 conservatorship, or protective arrangement; 14 (2) exclusive jurisdiction to determine how property of the respondent 15 must be managed, expended, or distributed to or for the use of the respondent, an 16 individual who is dependent in fact on the respondent, or other claimant; 17 (3) nonexclusive jurisdiction to determine the validity of a claim 18 against the respondent or property of the respondent or a question of title concerning 19 the property; and 20 (4) if a guardian or conservator is appointed, exclusive jurisdiction 21 over issues related to administration of the guardianship or conservatorship. 22 (d) A court that appoints a guardian or conservator or authorizes a protective 23 arrangement under AS 13.29.320 - 13.29.375 has exclusive and continuing jurisdiction 24 over the proceeding until the court terminates the proceeding or the appointment or 25 protective arrangement expires by its terms. 26 Sec. 13.29.420. Transfer of proceedings. (a) This section does not apply to a 27 guardianship or conservatorship for an adult that is subject to the transfer provisions 28 under AS 13.27.200 or 13.27.210. 29 (b) After appointment of a guardian or conservator, the court that made the 30 appointment may transfer the proceeding to another court in the same judicial district, 31 another judicial district in this state, or another state if a transfer is in the best interest
01 of the individual subject to the guardianship or conservatorship. 02 (c) If a proceeding for a guardianship or conservatorship is pending in another 03 state or a foreign country and a petition for guardianship or conservatorship for the 04 same individual is filed in a court in this state, the court shall notify the court in the 05 other state or foreign country and, after consultation with that court, assume or decline 06 jurisdiction, whichever is in the best interest of the respondent. 07 (d) A guardian or conservator appointed in another state or country may 08 petition the court for appointment as a guardian or conservator in this state for the 09 same individual if jurisdiction in this state is or will be established. The appointment 10 may be made on proof of appointment in the other state or foreign country and 11 presentation of a certified copy of the part of the court record in the other state or 12 country specified by the court in this state. 13 (e) Notice of hearing on a petition under (d) of this section, together with a 14 copy of the petition, must be given to the respondent, if the respondent is at least 12 15 years of age at the time of the hearing, and to the persons that would be entitled to 16 notice if the procedures for appointment of a guardian or conservator under this 17 chapter were applicable. The court shall make the appointment unless the court 18 determines the appointment would not be in the best interest of the respondent. 19 (f) Not later than 14 days after appointment under (e) of this section, the 20 guardian or conservator shall give a copy of the order of appointment to the individual 21 subject to guardianship or conservatorship, if the individual is at least 12 years of age, 22 and to all persons given notice of the hearing on the petition. 23 Sec. 13.29.425. Venue. (a) Except as provided in (e) of this section, venue for 24 a guardianship proceeding for a minor is in the judicial district in which 25 (1) the minor resides or is present at the time the proceeding 26 commences; or 27 (2) another proceeding concerning the custody or parental rights of the 28 minor is pending. 29 (b) Venue for a guardianship proceeding or protective arrangement instead of 30 guardianship for an adult is in the judicial district in which 31 (1) the respondent resides;
01 (2) a court is located that has ordered the respondent to be admitted to 02 an institution; or 03 (3) the respondent is present if the proceeding is for appointment of an 04 emergency guardian for an adult. 05 (c) Venue for a conservatorship proceeding or protective arrangement instead 06 of conservatorship is in 07 (1) the judicial district in which the respondent resides, whether or not 08 a guardian has been appointed in another judicial district or other jurisdiction; or 09 (2) any judicial district in which property of the respondent is located 10 if the respondent does not reside in this state. 11 (d) If proceedings under this chapter are brought in more than one judicial 12 district, the court of the judicial district in which the first proceeding is brought has the 13 exclusive right to proceed unless the court determines venue is properly in another 14 court or the interest of justice otherwise requires transfer of the proceeding. 15 (e) The venue for a guardianship proceeding for a minor in state custody under 16 AS 47.10 is the 17 (1) superior court where the child-in-need-of-aid proceeding is pending 18 as provided under AS 47.10.111; or 19 (2) judicial district in which the petitioner resides if the petitioner 20 provides notice to all of the parties to the child-in-need-of-aid proceeding and no party 21 objects. 22 Sec. 13.29.430. Practice in court. (a) If proceedings for a guardianship, 23 conservatorship, or protective arrangement under AS 13.29.320 - 13.29.375 for the 24 same individual are commenced or pending in the same court, the proceedings may be 25 consolidated. 26 (b) A respondent may demand a jury trial in a proceeding under this chapter 27 on the issue of whether a basis exists for appointment of a guardian or conservator. 28 Sec. 13.29.435. Letters of office. (a) The court shall issue letters of office to a 29 guardian on filing by the guardian of an acceptance of appointment. 30 (b) The court shall issue letters of office to a conservator on filing by the 31 conservator of an acceptance of appointment and filing of any required bond or
01 compliance with any other asset protection arrangement required by the court. 02 (c) Limitations on the powers of a guardian or conservator or on the property 03 subject to conservatorship must be stated in the letters of office. 04 (d) The court at any time may limit the powers conferred on a guardian or 05 conservator. The court shall issue new letters of office to reflect the limitation. The 06 court shall give notice of the limitation to the guardian or conservator, individual 07 subject to guardianship or conservatorship, each parent of a minor subject to 08 guardianship or conservatorship, and any other person the court determines. 09 Sec. 13.29.440. Effect of acceptance of appointment. On acceptance of 10 appointment, a guardian or conservator submits to the personal jurisdiction of the 11 court in this state in any proceeding relating to the guardianship or conservatorship. 12 Sec. 13.29.445. Co-guardian; co-conservator. (a) The court at any time may 13 appoint a co-guardian or co-conservator to serve immediately or when a designated 14 event occurs. 15 (b) A co-guardian or co-conservator appointed to serve immediately may act 16 when that co-guardian or co-conservator complies with AS 13.29.435. 17 (c) A co-guardian or co-conservator appointed to serve when a designated 18 event occurs may act when the event occurs and that co-guardian or co-conservator 19 complies with AS 13.29.435. 20 (d) Unless an order of appointment under (a) of this section or subsequent 21 order states otherwise, co-guardians or co-conservators shall make decisions jointly. 22 Sec. 13.29.450. Judicial appointment of successor guardian or successor 23 conservator. (a) The court at any time may appoint a successor guardian or successor 24 conservator to serve immediately or when a designated event occurs. 25 (b) A person entitled under AS 13.29.010 or 13.29.065 to petition the court to 26 appoint a guardian may petition the court to appoint a successor guardian. A person 27 entitled under AS 13.29.160 to petition the court to appoint a conservator may petition 28 the court to appoint a successor conservator. 29 (c) A successor guardian or successor conservator appointed to serve when a 30 designated event occurs may act as guardian or conservator when the event occurs and 31 the successor complies with AS 13.29.435.
01 (d) A successor guardian or successor conservator has the predecessor's 02 powers unless otherwise provided by the court. 03 Sec. 13.29.455. Effect of death, removal, or resignation of guardian or 04 conservator. (a) Appointment of a guardian or conservator terminates on the death or 05 removal of the guardian or conservator or when the court approves a resignation of the 06 guardian or conservator under (b) of this section. 07 (b) A guardian or conservator must petition the court to resign. The petition 08 may include a request that the court appoint a successor. Resignation of a guardian or 09 conservator is effective on the date the resignation is approved by the court. 10 (c) Death, removal, or resignation of a guardian or conservator does not affect 11 liability for a previous act or the obligation to account for 12 (1) an action taken on behalf of the individual subject to guardianship 13 or conservatorship; or 14 (2) the individual's funds or other property. 15 Sec. 13.29.460. Notice of hearing generally. (a) Except as otherwise provided 16 in AS 13.29.015, 13.29.035, 13.29.070, 13.29.165, and 13.29.340, or otherwise 17 ordered by the court for good cause, if notice of a hearing under this chapter is 18 required, the movant shall give notice of the date, time, and place of the hearing to the 19 person to be notified. Except as otherwise provided in this chapter, notice must be 20 given in compliance with AS 13.06.110 - 13.06.120. 21 (b) Proof of notice of a hearing under this chapter must be made before or at 22 the hearing and filed in the proceeding. 23 (c) Notice of a hearing under this chapter must be in at least 16-point font, in 24 plain language, and, to the extent feasible, in a language in which the person to be 25 notified is proficient. 26 Sec. 13.29.465. Waiver of notice. Notwithstanding AS 13.06.115, a 27 respondent, individual subject to guardianship, individual subject to conservatorship, 28 or individual subject to a protective arrangement under AS 13.29.320 - 13.29.375 may 29 not waive notice under this chapter. 30 Sec. 13.29.470. Guardian ad litem. (a) Notwithstanding AS 13.06.120(a)(5), 31 the guardian ad litem may not be the same individual as the attorney representing the
01 respondent. The court shall state the duties of the guardian ad litem and the reasons for 02 the appointment as a part of the record of the proceeding. 03 (b) The office of public advocacy shall provide guardian ad litem services to 04 persons who would suffer financial hardship or become dependent on a government 05 agency or a private person or agency if the services were not to be provided at state 06 expense. 07 Sec. 13.29.475. Request for notice. (a) A person may file with the court a 08 request for notice under this chapter if the person is 09 (1) not otherwise entitled to notice; and 10 (2) interested in the welfare of a respondent, individual subject to 11 guardianship or conservatorship, or individual subject to a protective arrangement 12 under AS 13.29.320 - 13.29.375. 13 (b) A request under (a) of this section must include a statement showing the 14 interest of the person making the request and the address of the person or an attorney 15 for the person to whom notice is to be given. 16 (c) If the court approves a request under (a) of this section, the court shall give 17 notice of the approval to the guardian or conservator, if one has been appointed, or, if 18 no guardian or conservator has been appointed, to the respondent. 19 Sec. 13.29.480. Disclosure of bankruptcy or criminal history. (a) Before 20 accepting appointment as a guardian or conservator, a person shall disclose to the 21 court whether the person has been 22 (1) or is a debtor in a bankruptcy, insolvency, or receivership 23 proceeding; or 24 (2) convicted of 25 (A) a felony; 26 (B) a crime involving dishonesty, neglect, violence, or use of 27 physical force; or 28 (C) a crime relevant to the functions the person would assume 29 as guardian or conservator. 30 (b) A guardian or conservator that engages or anticipates engaging an agent 31 who the guardian or conservator knows has been convicted of a felony, a crime
01 involving dishonesty, neglect, violence, or use of physical force, or a crime relevant to 02 the functions the agent is being engaged to perform shall promptly disclose that 03 knowledge to the court. 04 (c) If a conservator engages or anticipates engaging an agent to manage the 05 finances of the individual subject to conservatorship and knows the agent is or has 06 been a debtor in a bankruptcy, insolvency, or receivership proceeding, the conservator 07 shall promptly disclose that knowledge to the court. 08 Sec. 13.29.485. Multiple nominations. If a respondent or other person makes 09 more than one nomination of a guardian or conservator, the latest in time governs. 10 Sec. 13.29.490. Compensation and expenses; in general. (a) Unless 11 otherwise compensated or reimbursed, an attorney for a respondent in a proceeding 12 under this chapter is entitled to reasonable compensation for services and 13 reimbursement of reasonable expenses from the property of the respondent. 14 (b) Unless otherwise compensated or reimbursed, an attorney or other person 15 whose services resulted in an order beneficial to an individual subject to guardianship 16 or conservatorship or for whom a protective arrangement under AS 13.29.320 - 17 13.29.375 was ordered is entitled to reasonable compensation for services and 18 reimbursement of reasonable expenses from the property of the individual. 19 (c) The court must approve compensation and expenses payable under this 20 section before payment. Approval is not required before a service is provided or an 21 expense is incurred. 22 (d) If the court dismisses a petition under this chapter and determines the 23 petition was filed in bad faith, the court may assess the cost of any court-ordered 24 professional evaluation or visitor against the petitioner. 25 Sec. 13.29.495. Compensation of guardian or conservator. (a) Subject to 26 court approval, a guardian is entitled to reasonable compensation for services as 27 guardian and to reimbursement for room, board, clothing, and other appropriate 28 expenses advanced for the benefit of the individual subject to guardianship. If a 29 conservator, other than the guardian or a person affiliated with the guardian, is 30 appointed for the individual, reasonable compensation and reimbursement to the 31 guardian may be approved and paid by the conservator without court approval.
01 (b) Subject to court approval, a conservator is entitled to reasonable 02 compensation for services and reimbursement for appropriate expenses from the 03 property of the individual subject to conservatorship. 04 (c) In determining reasonable compensation for a guardian or conservator, the 05 court, or a conservator in determining reasonable compensation for a guardian as 06 provided in (a) of this section, shall consider 07 (1) the necessity and quality of the services provided; 08 (2) the experience, training, professional standing, and skills of the 09 guardian or conservator; 10 (3) the difficulty of the services performed, including the degree of 11 skill and care required; 12 (4) the conditions and circumstances under which a service was 13 performed, including whether the service was provided outside regular business hours 14 or under dangerous or extraordinary conditions; 15 (5) the effect of the services on the individual subject to guardianship 16 or conservatorship; 17 (6) the extent to which the services provided were or were not 18 consistent with the guardian's plan under AS 13.29.135 or conservator's plan under 19 AS 13.29.245; and 20 (7) the fees customarily paid to a person that performs a similar service 21 in the community. 22 (d) A guardian or conservator does not need to use personal funds of the 23 guardian or conservator for the expenses of the individual subject to guardianship or 24 conservatorship. 25 (e) If an individual subject to guardianship or conservatorship seeks to modify 26 or terminate the guardianship or conservatorship or remove the guardian or 27 conservator, the court may order compensation to the guardian or conservator for time 28 spent opposing modification, termination, or removal only to the extent the court 29 determines the opposition was reasonably necessary to protect the interest of the 30 individual subject to guardianship or conservatorship. 31 Sec. 13.29.500. Liability of guardian or conservator for act of individual
01 subject to guardianship or conservatorship. A guardian or conservator is not 02 personally liable to another person solely because of the guardianship or 03 conservatorship for an act or omission of the individual subject to guardianship or 04 conservatorship. 05 Sec. 13.29.505. Petition after appointment of instruction or ratification. (a) 06 A guardian or conservator may petition the court for instruction concerning fiduciary 07 responsibility or ratification of a particular act related to the guardianship or 08 conservatorship. 09 (b) On notice and hearing on a petition under (a) of this section, the court may 10 give an instruction and issue an appropriate order. 11 Sec. 13.29.510. Third-party acceptance of authority of guardian or 12 conservator. (a) A person may not recognize the authority of a guardian or 13 conservator to act on behalf of an individual subject to guardianship or 14 conservatorship if 15 (1) the person has actual knowledge or a reasonable belief that the 16 letters of office of the guardian or conservator are invalid or the conservator or 17 guardian is exceeding or improperly exercising the authority granted by the court; or 18 (2) the person has actual knowledge that the individual subject to 19 guardianship or conservatorship is subject to physical or financial abuse, neglect, 20 exploitation, or abandonment by the guardian or conservator or a person acting for or 21 with the guardian or conservator. 22 (b) A person may refuse to recognize the authority of a guardian or 23 conservator to act on behalf of an individual subject to guardianship or 24 conservatorship if 25 (1) the guardian's or conservator's proposed action would be 26 inconsistent with this chapter; or 27 (2) the person makes, or has actual knowledge that another person has 28 made, a report to the office of public advocacy, the Department of Family and 29 Community Services, or the Department of Health stating a good-faith belief that the 30 individual subject to guardianship or conservatorship is subject to physical or financial 31 abuse, neglect, exploitation, or abandonment by the guardian or conservator or a
01 person acting for or with the guardian or conservator. 02 (c) A person that refuses to accept the authority of a guardian or conservator in 03 accordance with (b) of this section may report the refusal and the reason for refusal to 04 the court. The court, on receiving the report, shall consider whether removal of the 05 guardian or conservator or other action is appropriate. 06 (d) A guardian or conservator may petition the court to require a third party to 07 accept a decision made by the guardian or conservator on behalf of the individual 08 subject to guardianship or conservatorship. 09 Sec. 13.29.515. Use of agent by guardian or conservator. (a) Except as 10 otherwise provided in AS 13.26.740 and (c) of this section, a guardian or conservator 11 may delegate a power to an agent that a prudent guardian or conservator of 12 comparable skills could delegate prudently under the circumstances if the delegation is 13 consistent with the fiduciary duties of the guardian or conservator and the guardian's 14 plan under AS 13.29.135 or conservator's plan under AS 13.29.245. 15 (b) In delegating a power under (a) of this section, the guardian or conservator 16 shall exercise reasonable care, skill, and caution in 17 (1) selecting the agent; 18 (2) establishing the scope and terms of the agent's work in accordance 19 with the guardian's plan under AS 13.29.135 or conservator's plan under 20 AS 13.29.245; 21 (3) monitoring the agent's performance and compliance with the 22 delegation; and 23 (4) redressing an act or omission of the agent which would constitute a 24 breach of the duties of the guardian or conservator if done by the guardian or 25 conservator. 26 (c) A guardian or conservator may not delegate all powers to an agent. 27 (d) In performing a power delegated under this section, an agent shall 28 (1) exercise reasonable care to comply with the terms of the delegation 29 and use reasonable care in the performance of the power; and 30 (2) if the guardian or conservator has delegated to the agent the power 31 to make a decision on behalf of the individual subject to guardianship or
01 conservatorship, use the same decision-making standard the guardian or conservator 02 would be required to use. 03 (e) By accepting a delegation of a power under (a) of this section from a 04 guardian or conservator, an agent submits to the personal jurisdiction of the courts of 05 this state in an action involving the agent's performance as agent. 06 (f) A guardian or conservator that delegates and monitors a power in 07 compliance with this section is not liable for the decision, act, or omission of the 08 agent. 09 (g) A guardian for an adult may not delegate a power to an agent under this 10 section for a period exceeding one year. 11 Sec. 13.29.520. Temporary substitute guardian or conservator. (a) The 12 court may appoint a temporary substitute guardian for an individual subject to 13 guardianship for a period not exceeding six months if 14 (1) a proceeding to remove a guardian for the individual is pending; or 15 (2) the court finds a guardian is not effectively performing the duties of 16 the guardian and the welfare of the individual requires immediate action. 17 (b) The court may appoint a temporary substitute conservator for an individual 18 subject to conservatorship for a period not exceeding six months if 19 (1) a proceeding to remove a conservator for the individual is pending; 20 or 21 (2) the court finds that a conservator for the individual is not 22 effectively performing the duties of the conservator and the welfare of the individual 23 or the conservatorship estate requires immediate action. 24 (c) Except as otherwise ordered by the court, a temporary substitute guardian 25 or temporary substitute conservator appointed under this section has the powers stated 26 in the order of appointment of the guardian or conservator. The authority of the 27 existing guardian or conservator is suspended for as long as the temporary substitute 28 guardian or conservator has authority. 29 (d) The court shall give notice of appointment of a temporary substitute 30 guardian or temporary substitute conservator, not later than five days after the 31 appointment, to
01 (1) the individual subject to guardianship or conservatorship; 02 (2) the affected guardian or conservator; and 03 (3) in the case of a minor, each parent of the minor and any person 04 currently having care or custody of the minor. 05 (e) The court may remove a temporary substitute guardian or temporary 06 substitute conservator at any time. The temporary substitute guardian or temporary 07 substitute conservator shall make any report the court requires. 08 Sec. 13.29.525. Grievance against guardian or conservator. (a) An 09 individual who is subject to guardianship or conservatorship, or a person interested in 10 the welfare of an individual subject to guardianship or conservatorship, who 11 reasonably believes the guardian or conservator is breaching the guardian's or 12 conservator's fiduciary duty or otherwise acting in a manner inconsistent with this 13 chapter may file a grievance in a record with the court. 14 (b) Subject to (c) of this section, after receiving a grievance under (a) of this 15 section, the court 16 (1) shall review the grievance and, if necessary to determine the 17 appropriate response, court records related to the guardianship or conservatorship; 18 (2) shall schedule a hearing if the individual subject to guardianship or 19 conservatorship is an adult and the grievance supports a reasonable belief that 20 (A) removal of the guardian and appointment of a successor 21 may be appropriate under AS 13.29.145; 22 (B) termination or modification of the guardianship may be 23 appropriate under AS 13.29.150; 24 (C) removal of the conservator and appointment of a successor 25 may be appropriate under AS 13.29.300; or 26 (D) termination or modification of the conservatorship may be 27 appropriate under AS 13.29.305; and 28 (3) may take any action supported by the evidence, including 29 (A) ordering the guardian or conservator to provide to the court 30 any report, accounting, inventory, updated plan, or other information; 31 (B) appointing a guardian ad litem;
01 (C) appointing an attorney for the individual subject to 02 guardianship or conservatorship; or 03 (D) holding a hearing. 04 (c) The court may decline to act under (b) of this section if a similar grievance 05 was filed within the six months preceding the filing of the current grievance and the 06 court followed the procedures of (b) of this section in considering the earlier 07 grievance. 08 Sec. 13.29.530. Adoption of standards of practice. It is the policy of the state 09 that all guardians and conservators, when making decisions for an individual subject to 10 guardianship or conservatorship, shall abide by the highest ethical standards of 11 decision making and shall consider the standards of practice adopted by the 12 department by regulation. The department shall adopt standards of practice for 13 guardians and conservators and, before doing so, shall review the standards of practice 14 adopted by a national organization with expertise in the area of standards of practice 15 for guardians and conservators, such as the National Guardianship Association. 16 Sec. 13.29.535. Delegation of powers over minor child by parent. (a) A 17 parent of a minor child, by a properly executed power of attorney that is substantially 18 in the form provided in (f) of this section, may delegate to another person one or more 19 powers regarding the care or custody of the minor child, except the power to consent 20 to 21 (1) the marriage or adoption of the minor child; 22 (2) the performance or inducement of an abortion on or for the minor 23 child; or 24 (3) the termination of parental rights to the minor child. 25 (b) A parent of a minor child may revoke the power of attorney made by the 26 parent under (a) of this section at any time. A parent of a minor child may revoke a 27 power of attorney that another parent of the minor child has made under (a) of this 28 section. If a parent revokes a power of attorney, the attorney-in-fact shall return the 29 minor child to the custody of the parent as soon as reasonably possible after the 30 revocation. 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 may enter into a new power of 03 attorney. 04 (d) A power of attorney made by a military parent may be effective for a 05 period that exceeds one year if the military parent is on active duty, but the power of 06 attorney is not effective for a period that exceeds the length of the active duty plus 30 07 days. 08 (e) Unless a parent revokes a power of attorney, the attorney-in-fact shall 09 exercise the power in the power of attorney without compensation for the duration of 10 the power of attorney. 11 (f) To designate an attorney-in-fact under this section, a parent shall execute a 12 power of attorney that is in substantially the following form: 13 STATUTORY FORM FOR POWER OF ATTORNEY 14 TO DELEGATE THE POWERS OF A PARENT 15 Section 1. I certify that I am the parent of 16 ______________________________ ___________________________ 17 (Full name of minor child) (Date of birth) 18 ______________________________ ___________________________ 19 (Full name of minor child) (Date of birth) 20 ______________________________ ___________________________ 21 (Full name of minor child) (Date of birth) 22 who is/are minor children. 23 Section 2. I designate _________________________ (Full name of attorney- 24 in-fact), ________________________________________________________ 25 (Street address, city, state, and zip code of attorney-in-fact) 26 ______________________________ ___________________________ 27 (Home telephone of attorney-in-fact) (Work telephone of attorney-in- 28 fact) 29 as the attorney-in-fact of each minor child named above. 30 Section 3. I delegate to the attorney-in-fact all of my power and authority 31 regarding the care and custody of each minor child named above, including the
01 right to enroll the child in school, the right to inspect and obtain copies of 02 education records and other records concerning the child, the right to attend 03 school activities and other functions concerning the child, and the right to give 04 or withhold any consent or waiver with respect to school activities, medical 05 treatment, dental treatment, and other activity, function, or treatment that may 06 concern the minor child. This delegation does not include the power or 07 authority to consent to the marriage or adoption of the minor child, the 08 performance or inducement of an abortion on or for the minor child, or the 09 termination of parental rights to the minor child. 10 OR 11 Section 4. I delegate to my attorney-in-fact the following specific powers and 12 responsibilities (write in): 13 _______________________________________________________________ 14 _______________________________________________________________ 15 Delegation under this section does not include the power or authority to 16 consent to the marriage or adoption of the minor child, the performance or 17 inducement of an abortion on or for the minor child, or the termination of 18 parental rights to the minor child. 19 (If you complete Section 4, Section 3 does not apply). 20 Section 5. This power of attorney is effective for a period not to exceed one 21 year, beginning _____________, 20 _____, and ending _______, 20 _____. I 22 reserve the right to revoke this authority at any time. 23 OR 24 Section 6. I am a military parent under AS 13.29.535(d). My active duty is 25 scheduled to begin on _____________, 20 _____, and is estimated to end on 26 ____________, 20 _____. I acknowledge that this power of attorney will not 27 last more than one year, or the term of my active duty service plus 30 days, 28 whichever period is longer. 29 By: ___________________________ 30 (parent signature) 31 Section 7. I hereby accept my designation as attorney-in-fact for the minor
01 child/children identified in this power of attorney. 02 ________________________________ 03 (Attorney-in-fact signature) 04 State of _____________ 05 _______ Judicial District 06 ACKNOWLEDGMENT 07 Before me, the undersigned, a Notary Public, in and for the Judicial District 08 and State identified above, on this ____ day of _____________, 20 ____, 09 personally appeared _________________________ (name of parent) and 10 _________________________ (name of attorney-in-fact), to me known to be 11 the persons who executed this power of attorney, and each acknowledged to 12 me that each executed the same as the person's free and voluntary act and deed 13 for the uses and purposes set out in this power of attorney. 14 Witness my hand and official seal the day and year written above. 15 _________________________________ 16 (Signature of notary public) 17 (Seal, if any) 18 _________________________________ 19 (Title and rank) 20 My commission expires: _____________ 21 (g) A power of attorney does not change parental rights, legal rights, 22 obligations, or other authority established by an existing court order and does not 23 deprive the parent of rights, obligations, or other authority relating to the custody, 24 visitation, or support of the minor child. 25 (h) Except as otherwise determined under another statute, the execution of a 26 power of attorney by a parent does not constitute abandonment, neglect, or abuse of 27 the minor child or ward under AS 47.10.013 - 47.10.015, unless the parent fails, after 28 the power of attorney terminates, to retake custody of the child and does not execute a 29 new power of attorney. 30 (i) Under a power of attorney, a minor child is not considered to be in foster 31 care, and the attorney-in-fact is not considered to be providing foster care for which a
01 license is required under AS 47.32. 02 (j) In this section, 03 (1) "active duty" means military duties that are performed full time; 04 (2) "attorney-in-fact" means the individual to whom a parent gives a 05 power under a power of attorney; 06 (3) "foster care" means care provided by a person for which a foster 07 home license is required by AS 47.32; 08 (4) "military parent" means a person who is a parent of a minor and 09 who is a member of 10 (A) the armed forces of the United States; 11 (B) a reserve component of the armed forces of the United 12 States; 13 (C) the National Oceanic and Atmospheric Administration 14 Commissioned Officer Corps or the United States Public Health Service 15 Commissioned Corps, if the member is 16 (i) assigned by proper authority to duty with the armed 17 forces of the United States; or 18 (ii) required to serve on active duty with the armed 19 forces of the United States under a call or order of the President of the 20 United States, or to serve on active duty with the military forces of the 21 state; 22 (5) "minor child" means a natural person who is under 18 years of age, 23 including a stepchild or a grandchild, but not including a foster child; 24 (6) "parent" includes a stepparent or a grandparent, and a parent who is 25 incarcerated for a criminal conviction, but not a foster parent; 26 (7) "power of attorney" means a power of attorney entered into under 27 this section. 28 Sec. 13.29.540. Psychotropic medication influencing individuals subject to 29 guardianship or respondents at judicial hearings. (a) An individual subject to 30 guardianship or respondent has a right to participate to the maximum extent possible 31 in all judicial proceedings concerning the individual subject to guardianship or
01 respondent and to be free from the influence of psychotropic medication during the 02 proceedings. 03 (b) It is the responsibility of the attorney for the individual subject to 04 guardianship or respondent to determine if the individual subject to guardianship or 05 respondent is being treated with psychotropic medication the effects of which would 06 continue during the judicial proceedings and, if so, to inform the court in writing a 07 reasonable time before the hearing. 08 (c) The court, upon receipt of the information provided under (b) of this 09 section, shall require a medical examination of the individual subject to guardianship 10 or respondent, if the court determines that the medical examination is necessary, and 11 shall determine the advisability of continuation or suspension of the treatment for the 12 duration of the judicial proceedings. The court may make any appropriate order it 13 considers necessary. The court in making its determination shall balance the interest of 14 maximum participation of the individual subject to guardianship or respondent in the 15 hearings against the medical and rehabilitative needs of the individual subject to 16 guardianship or respondent. 17 (d) If the individual subject to guardianship or respondent is under the 18 influence of psychotropic medication during the judicial proceeding determining 19 capacity, the trier of fact shall take that fact into consideration in making its 20 determination. 21 Sec. 13.29.545. Emergency authorization of services. If no guardianship 22 petition is pending under AS 13.29.005 - 13.29.150 but the court is informed of a 23 person who is apparently incapacitated and in need of emergency life-saving services, 24 the court may authorize the services upon determining that delay until a guardianship 25 hearing can be held would entail a life-threatening risk to the person. 26 Sec. 13.29.590. Definitions. (a) In this chapter, 27 (1) "adult" means an individual at least 18 years of age or an 28 emancipated individual under 18 years of age; 29 (2) "adult subject to conservatorship" means an adult for whom a 30 conservator has been appointed under this chapter; 31 (3) "adult subject to guardianship" means an adult for whom a
01 guardian has been appointed under this chapter; 02 (4) "claim" includes a claim against an individual or conservatorship 03 estate, whether arising in contract, tort, or otherwise; 04 (5) "conservatorship estate" means property subject to conservatorship 05 under this chapter; 06 (6) "guardian ad litem" means a person appointed to inform the court 07 about, and to represent, the needs and best interest of an individual; 08 (7) "less restrictive alternative" means an approach to meeting an 09 individual's needs that restricts fewer rights of the individual than the appointment of a 10 guardian or conservator would; "less restrictive alternative" includes supported 11 decision-making, appropriate technological assistance, appointment of a representative 12 payee, and appointment of an agent by the individual, including appointment under a 13 durable power of attorney for health care under AS 13.52 or power of attorney under 14 AS 13.26; 15 (8) "letters of office" means a record issued by a court certifying a 16 guardian's or conservator's authority to act; 17 (9) "minor" means an unemancipated individual under 18 years of age; 18 (10) "minor subject to conservatorship" means a minor for whom a 19 conservator has been appointed under this chapter; 20 (11) "minor subject to guardianship" means a minor for whom a 21 guardian has been appointed under this chapter; 22 (12) "parent" does not include an individual whose parental rights have 23 been terminated; 24 (13) "property" includes tangible and intangible property; 25 (14) "protective arrangement instead of conservatorship" means a court 26 order entered under AS 13.29.330; 27 (15) "protective arrangement instead of guardianship" means a court 28 order entered under AS 13.29.325; 29 (16) "protective arrangement under AS 13.29.320 - 13.29.375" means 30 a court order entered under AS 13.29.325 or 13.29.330; 31 (17) "record" means, when used as a noun, information that is
01 inscribed on a tangible medium or that is stored in an electronic or other medium and 02 is retrievable in perceivable form; 03 (18) "respondent" means an individual for whom appointment of a 04 guardian or conservator or a protective arrangement instead of guardianship or 05 conservatorship is sought; 06 (19) "standby guardian" means a person appointed by the court under 07 AS 13.29.035; 08 (20) "state" means a state of the United States, the District of 09 Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular 10 possession subject to the jurisdiction of the United States; "state" includes a federally 11 recognized Indian tribe; 12 (21) "supported decision-making" means assistance from one or more 13 persons of an individual's choosing in understanding the nature and consequences of 14 potential personal and financial decisions, which enables the individual to make the 15 decisions, and in communicating a decision once made if consistent with the 16 individual's wishes. 17 (b) Unless otherwise apparent from the context, in AS 13.06 - AS 13.36, 18 (1) "conservator" means a person or persons appointed by a court to 19 make decisions with respect to the property or financial affairs of an individual subject 20 to conservatorship; 21 (2) "department" means the Department of Commerce, Community, 22 and Economic Development; 23 (3) "full conservatorship" means a conservatorship that grants the 24 conservator all powers available under this chapter; 25 (4) "full guardianship" means a guardianship that grants the guardian 26 all powers available under this chapter; 27 (5) "guardian" means a person or persons appointed by the court to 28 make decisions with respect to the personal affairs of an individual; 29 (6) "incapacitated person" means a person whose ability to receive and 30 evaluate information or to communicate decisions is impaired for reasons other than 31 minority to the extent that the person lacks the ability to provide the essential
01 requirements for the person's physical health or safety without court-ordered 02 assistance; 03 (7) "individual subject to conservatorship" means an adult or minor for 04 whom a conservator has been appointed under this chapter; 05 (8) "individual subject to guardianship" means an adult or minor for 06 whom a guardian has been appointed under this chapter; 07 (9) "limited conservatorship" means a conservatorship that grants the 08 conservator fewer powers than available under this chapter, grants powers over only 09 certain property, or otherwise restricts the powers of the conservator; 10 (10) "limited guardianship" means a guardianship that grants the 11 guardian fewer powers than available under this chapter or otherwise restricts the 12 powers of the guardian; 13 (11) "private professional conservator" means a person, other than the 14 public guardian, who is licensed under AS 08.26 or exempt under AS 08.26.180; 15 (12) "private professional guardian" means a person, other than the 16 public guardian, who is licensed under AS 08.26 or exempt under AS 08.26.180; 17 (13) "protective proceeding" means a proceeding under the provisions 18 of AS 13.29.155 to determine that a person cannot effectively manage or apply the 19 person's estate to necessary ends, either because the person lacks the ability or is 20 otherwise inconvenienced, or because the person is a minor, and to secure 21 administration of the estate by a conservator or other appropriate relief; 22 (14) "respondent" means an individual for whom appointment of a 23 guardian or conservator or a protective arrangement instead of guardianship or 24 conservatorship is sought; 25 (15) "visitor" means a person trained or experienced in law, medical 26 care, mental health care, pastoral care, education, rehabilitation, or social work, who is 27 an officer, employee, or special appointee of the court with no personal interest in the 28 proceedings. 29 Sec. 13.29.595. Short title. This chapter may be cited as the Uniform 30 Guardianship, Conservatorship, and Other Protective Arrangements Act. 31 * Sec. 67. AS 13.36.280(b) is amended to read:
01 (b) AS 13.36.225 - 13.36.290 govern only decisions or actions of personal 02 representatives under AS 13.16.350(a) [OR OF CONSERVATORS UNDER 03 AS 13.26.500 THAT OCCUR] on or after May 23, 1998. 04 * Sec. 68. AS 13.38.980(12) is amended to read: 05 (12) "sui juris beneficiary" includes 06 (A) a court-appointed guardian of a [AN INCAPACITATED] 07 beneficiary subject to guardianship; 08 (B) an agent for an incompetent beneficiary; and 09 (C) a court-appointed guardian of a minor beneficiary's estate; 10 * Sec. 69. AS 13.52.020(c) is amended to read: 11 (c) In the case of mental illness, an advance health care directive may be 12 revoked in whole or in part at any time by the principal if the principal does not lack 13 capacity and is competent. A revocation is effective when a competent principal with 14 capacity communicates the revocation to a physician or other health care provider. The 15 physician or other health care provider shall note the revocation on the principal's 16 medical record. In the case of mental illness, the authority of a named agent and an 17 alternative agent named in the advance health care directive continues in effect as long 18 as the advance health care directive appointing the agent is in effect or until the agent 19 has withdrawn. For the purposes of this subsection, a principal is not considered 20 competent when 21 (1) it is the opinion of the court in a guardianship proceeding under 22 AS 13.29 [AS 13.26], the opinion of two physicians, at least one of whom is a 23 psychiatrist, or the opinion of a physician and a professional mental health clinician, 24 that the principal is not competent; or 25 (2) a court in a hearing under AS 47.30.735, 47.30.750, or 47.30.770 26 determines that the principal is gravely disabled; in this paragraph, "gravely disabled" 27 has the meaning given in AS 47.30.915 [AS 47.30.915(9)(B)]. 28 * Sec. 70. AS 13.52.140 is amended to read: 29 Sec. 13.52.140. Judicial relief. On petition of a patient, the patient's agent, 30 guardian, or surrogate, or a health care provider or institution involved with the 31 patient's care, the superior court may enjoin or direct a health care decision or order
01 other equitable relief. A proceeding under this section is governed by AS 13.29 02 [AS 13.26.201 - 13.26.580]. 03 * Sec. 71. AS 13.56.190(4) is amended to read: 04 (4) "conservator" means a person appointed a conservator under 05 AS 13.29.155 - 13.29.315 [AS 13.26.401 - 13.26.595] or a similar law of another 06 state; 07 * Sec. 72. AS 13.56.190(7) is amended to read: 08 (7) "guardian" means a person appointed a guardian under 09 AS 13.29.060 - 13.29.150 [AS 13.26.201 - 13.26.316] or a similar law of another 10 state; 11 * Sec. 73. AS 13.63.110 is amended to read: 12 Sec. 13.63.110. Disclosure of digital assets to conservator of individual 13 subject to conservatorship [PROTECTED PERSON]. (a) After an opportunity for 14 a hearing under AS 13.29.155 - 13.29.315 [AS 13.26.401 - 13.26.595], the superior 15 court may grant a conservator access to the digital assets of an individual subject to 16 conservatorship [A PROTECTED PERSON EXCEPT THAT, IF THE 17 CONSERVATOR IS A GUARDIAN WITH THE POWERS AND DUTIES OF A 18 CONSERVATOR UNDER AS 13.26.316(c), THE SUPERIOR COURT MAY 19 GRANT THE CONSERVATOR ACCESS TO THE DIGITAL ASSETS OF A 20 PROTECTED PERSON AFTER AN OPPORTUNITY FOR A HEARING UNDER 21 AS 13.26.201 - 13.26.316]. 22 (b) Unless otherwise ordered by the superior court or directed by the user, a 23 custodian shall disclose to a conservator the catalog of electronic communications sent 24 or received by an individual subject to conservatorship [A PROTECTED 25 PERSON] and any digital assets, other than the content of electronic communications, 26 in which the individual subject to conservatorship [PROTECTED PERSON] has a 27 right or interest if the conservator gives the custodian 28 (1) a written request for disclosure in physical or electronic form; 29 (2) a certified copy of the superior court order that gives the 30 conservator authority over the digital assets of the individual subject to 31 conservatorship [PROTECTED PERSON]; and
01 (3) if requested by the custodian, 02 (A) a number, username, address, or other unique subscriber or 03 account identifier assigned by the custodian to identify the account of the 04 individual subject to conservatorship [PROTECTED PERSON]; or 05 (B) evidence linking the account to the individual subject to 06 conservatorship [PROTECTED PERSON]. 07 (c) A conservator with general authority to manage the assets of an individual 08 subject to conservatorship [A PROTECTED PERSON] may request a custodian of 09 the digital assets of the individual subject to conservatorship [PROTECTED 10 PERSON] to suspend or terminate an account of the individual subject to 11 conservatorship [PROTECTED PERSON] for good cause. A request made under this 12 subsection must be accompanied by a certified copy of the superior court order giving 13 the conservator authority over the [PROTECTED PERSON'S] property of the 14 individual subject to conservatorship. 15 * Sec. 74. AS 13.63.120(c) is amended to read: 16 (c) A fiduciary with authority over the property of a decedent, individual 17 subject to conservatorship [PROTECTED PERSON], principal, or settlor has the 18 right to access any digital asset in which the decedent, individual subject to 19 conservatorship [PROTECTED PERSON], principal, or settlor had a right or interest 20 and that is not held by a custodian or subject to a terms-of-service agreement. 21 * Sec. 75. AS 13.63.120(d) is amended to read: 22 (d) A fiduciary acting within the scope of the fiduciary's duties is an 23 authorized user of the property of the decedent, individual subject to 24 conservatorship [PROTECTED PERSON], principal, or settlor for the purpose of 25 applicable computer-fraud and unauthorized-computer-access laws, including 26 AS 11.46.200, 11.46.484(a)(3), and 11.46.740. 27 * Sec. 76. AS 13.63.120(e) is amended to read: 28 (e) A fiduciary with authority over the tangible personal property of a 29 decedent, individual subject to conservatorship [PROTECTED PERSON], 30 principal, or settlor 31 (1) has the right to access the property and any digital asset stored in it;
01 and 02 (2) is an authorized user for the purpose of computer-fraud and 03 unauthorized-computer-access laws, including AS 11.46.200, 11.46.484(a)(3), and 04 11.46.740. 05 * Sec. 77. AS 13.63.130(e) is amended to read: 06 (e) This chapter does not limit a custodian's ability to obtain or to require a 07 fiduciary or designated recipient requesting disclosure or termination under this 08 chapter to obtain a superior court order that 09 (1) specifies that an account belongs to the individual subject to 10 conservatorship [PROTECTED PERSON] or principal; 11 (2) specifies that there is sufficient consent from the individual 12 subject to conservatorship [PROTECTED PERSON] or principal to support the 13 requested disclosure; and 14 (3) contains a finding required by law other than this chapter. 15 * Sec. 78. AS 13.70.030(b) is amended to read: 16 (b) With court approval, a fiduciary may disclaim, in whole or part, any 17 interest in or power over property, including a power of appointment. Without court 18 approval, a fiduciary may not disclaim, in whole or in part, any interest in or power 19 over property, including a power of appointment, except that 20 (1) a fiduciary may disclaim, in whole or in part, any interest in or 21 power over property, including a power of appointment, if and to the extent that the 22 instrument creating the fiduciary relationship grants the fiduciary the right to disclaim; 23 (2) in the absence of a court-appointed guardian, notwithstanding a 24 provision in AS 13.29 [AS 13.26] to the contrary, an individual having legal custody 25 of a minor child may disclaim on behalf of the minor child, in whole or in part, any 26 interest in or power over property, including a power of appointment, that the minor 27 child is to receive solely as a result of another disclaimer, but only if the interest or 28 power disclaimed by the individual having legal custody does not pass, as a result of 29 the disclaimer, to or for the benefit of the individual having legal custody. 30 * Sec. 79. AS 13.90.010(d)(3) is amended to read: 31 (3) "fiduciary" includes guardians and conservators under AS 13.29
01 [AS 13.26], persons performing the trustee activities described under AS 06.05.180 02 whether or not the persons are covered by AS 06.05.180, and other persons acting in a 03 fiduciary capacity; 04 * Sec. 80. AS 18.65.540(a) is amended to read: 05 (a) The Department of Public Safety shall maintain a central registry of 06 protective orders issued by or filed with a court of this state under AS 13.29.325(b)(2), 07 13.29.330(c)(2) or (d) [AS 13.26.450 - 13.26.460], AS 18.65.850 - 18.65.870, or 08 AS 18.66.100 - 18.66.180. The registry must include, for each protective order, the 09 names of the petitioner and respondent, their dates of birth, and the conditions and 10 duration of the order. The registry shall retain a record of the protective order after it 11 has expired. 12 * Sec. 81. AS 18.65.540(b) is amended to read: 13 (b) A peace officer receiving a protective order from a court under 14 AS 13.29.325(b)(2), 13.29.330(c)(2) or (d) [AS 13.26.450, 13.26.455], AS 18.65.850 15 - 18.65.855, or AS 18.66.100 - 18.66.180, a modified order issued under 16 [AS 13.26.460,] AS 18.65.860 [,] or AS 18.66.120, or an order dismissing a protective 17 order shall take reasonable steps to ensure that the order, modified order, or dismissal 18 is entered into the central registry within 24 hours after being received. 19 * Sec. 82. 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. 83. AS 25.23.060(c) is amended to read: 24 (c) A consent executed under this section is effective as a power of attorney 25 under AS 13.29.535 [AS 13.26.066]. Unless the consent form provides otherwise, and 26 regardless of whether the form names or identifies the adoptive parent, the consent 27 delegates to the adoptive parent all powers that may be delegated under AS 13.29.535 28 [AS 13.26.066]. The power of attorney takes effect when the child is delivered to the 29 adoptive parent, and remains in effect as long as the consent is in effect; but the power 30 of attorney is not effective beyond one year, unless the court extends it for good cause. 31 The power of attorney does not terminate on the death or disability of the person
01 executing the consent, unless the consent form so states. This subsection may not be 02 construed to alter the requirements of AS 47.70 (the Interstate Compact on the 03 Placement of Children). 04 * Sec. 84. AS 25.23.200 is amended to read: 05 Sec. 25.23.200. Investigation of home for subsidized hard-to-place child. 06 Persons who are caring for a hard-to-place child on a foster parent basis and who have 07 applied to adopt the hard-to-place child and to receive payments for the care and 08 support of the hard-to-place child shall be evaluated as to their suitability as adoptive 09 parents by means of an adoptive home study. Persons who are caring for a hard-to- 10 place child in the state's custody and who wish to be appointed legal guardians of the 11 child under AS 13.29.005 [AS 13.26.132], and to receive payments for the care and 12 support of the child, shall be evaluated as to their suitability as guardians by means of 13 a guardianship study. A home study or guardianship study shall be made by the 14 commissioner's adoption staff or on the commissioner's behalf by an authorized 15 agency or individual that provides adoption services. 16 * Sec. 85. AS 34.25.050(a) is amended to read: 17 (a) A sale of real property heretofore or hereafter made by an executor, 18 administrator, or guardian is sufficient to sustain an executor's, administrator's, or 19 guardian's deed to the purchaser for the real property when 20 (1) made of the decedent's or individual subject to guardianship or 21 conservatorship's [, WARD'S, OR INCOMPETENT PERSON'S] real property in 22 the state to a purchaser for a valuable consideration; 23 (2) the consideration is paid by the purchaser to the executor, 24 administrator, or guardian, or the successor of the executor, administrator, or guardian, 25 in good faith; and 26 (3) the sale is not set aside by the court, but is confirmed or acquiesced 27 in by the court. 28 * Sec. 86. AS 34.25.050(c) is amended to read: 29 (c) The deed is sufficient to convey to the purchaser all the title that the 30 decedent or individual subject to guardianship or conservatorship [, WARD, OR 31 INCOMPETENT] had in the real property.
01 * Sec. 87. AS 38.05.190(a) is amended to read: 02 (a) Except as provided in (b) of this section, exploration and mining rights 03 under AS 38.05.185 - 38.05.275 may be acquired or held only by 04 (1) citizens of the United States at least 18 years of age; 05 (2) legal guardians, conservators, or trustees of citizens of the United 06 States under 18 years of age or adult citizens of the United States that are 07 incapacitated persons [ADULTS] under AS 13.29 [AS 13.26] on behalf of the 08 citizens; 09 (3) individuals at least 18 years of age who have declared their 10 intention to become citizens of the United States; 11 (4) aliens at least 18 years of age if the laws of their country grant like 12 privileges to citizens of the United States; 13 (5) corporations, limited liability companies, or other entities that are 14 organized under the laws of the United States or of any state or territory of the United 15 States and qualified to do business in this state; 16 (6) trusts that are registered in this state under AS 13.36 and for which 17 at least one trustee is a person described in (1) - (5) of this subsection; or 18 (7) associations of persons described in (1) - (6) of this subsection. 19 * Sec. 88. AS 44.21.410(a) is amended to read: 20 (a) The office of public advocacy shall 21 (1) perform the duties of the public guardian under AS 13.26.700 - 22 13.26.750; 23 (2) provide guardian ad litem services to children in child protection 24 actions under AS 47.17.030(e) and to individuals subject to guardianship [WARDS] 25 and respondents in guardianship proceedings who will suffer financial hardship or 26 become dependent upon a government agency or a private person or agency if the 27 services are not provided at state expense under AS 13.29.470(b) [AS 13.26.041]; 28 (3) provide legal representation in cases involving judicial bypass 29 procedures for minors seeking abortions under AS 18.16.030, in proceedings where a 30 court appoints an attorney to an individual under AS 13.29 while the individual is 31 financially unable to employ an attorney [GUARDIANSHIP PROCEEDINGS TO
01 RESPONDENTS WHO ARE FINANCIALLY UNABLE TO EMPLOY 02 ATTORNEYS UNDER AS 13.26.226(b)], to indigent parties in cases involving child 03 custody in which the opposing party is represented by counsel provided by a public 04 agency, and to indigent parents or guardians of a minor respondent in a commitment 05 proceeding concerning the minor under AS 47.30.775; 06 (4) provide legal representation and guardian ad litem services under 07 AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in 08 cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the 09 termination of parental rights under AS 25.23.180(c)(2); in cases involving petitions to 10 remove the disabilities of a minor under AS 09.55.590; in children's proceedings under 11 AS 47.10.050(a) or under AS 47.12.090; in cases involving appointments under 12 AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases 13 involving indigent persons who are entitled to representation under AS 18.85.100 and 14 who cannot be represented by the public defender agency because of a conflict of 15 interests; 16 (5) develop and coordinate a program to recruit, select, train, assign, 17 and supervise volunteer guardians ad litem from local communities to aid in delivering 18 services in cases in which the office of public advocacy is appointed as guardian ad 19 litem; 20 (6) Provide guardian ad litem services in proceedings under 21 AS 12.45.046 or AS 18.15.355 - 18.15.395; 22 (7) establish a fee schedule and collect fees for services provided by 23 the office, except as provided in AS 18.85.120 or when imposition or collection of a 24 fee is not in the public interest as defined under regulations adopted by the 25 commissioner of administration; 26 (8) provide guardians ad litem in proceedings under AS 47.30.839; 27 (9) provide legal representation to an indigent parent of a child with a 28 disability; in this paragraph, "child with a disability" has the meaning given in 29 AS 14.30.350; 30 (10) investigate complaints and bring civil actions under 31 AS 44.21.415(a) involving fraud committed against residents of the state who are 60
01 years of age or older; in this paragraph, "fraud" has the meaning given in 02 AS 44.21.415. 03 * Sec. 89. AS 44.21.440(b) is amended to read: 04 (b) The office of public advocacy may not use improper pressure to influence 05 the professional judgment of a person who is paid by the office of public advocacy to 06 act as an attorney or a guardian ad litem for a guardianship or conservatorship 07 established under AS 13.29 [AS 13.26]. 08 * Sec. 90. AS 44.41.025(d) is amended to read: 09 (d) Each of the following may submit a complete set of fingerprints of the 10 person designated for inclusion in the Alaska automated fingerprint system: 11 (1) a person may submit the person's own fingerprints; 12 (2) the parent or guardian of a minor who is two years of age or older 13 may submit the minor's fingerprints; and 14 (3) the guardian or conservator of a person under AS 13.29 [AS 13.26] 15 may submit the fingerprints of the person protected by the guardian or conservator. 16 * Sec. 91. AS 45.48.220 is amended to read: 17 Sec. 45.48.220. Request by parent or legal guardian. A parent, legal 18 guardian, or conservator of a minor, incapacitated person, or individual subject to 19 guardianship or conservatorship [PROTECTED PERSON] may make a request 20 under AS 45.48.100 - 45.48.290 on behalf of a consumer who is the minor, 21 incapacitated person, or individual subject to guardianship or conservatorship 22 [PROTECTED PERSON] under the supervision of that parent, legal guardian, or 23 conservator. If a consumer credit report does not exist at the time of a request under 24 this section, the consumer credit reporting agency shall generate a consumer credit 25 report for the purpose of placing a security freeze. In this 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 - 13.29.315; 29 (2) "incapacitated person" has the meaning given in as 47.24.900; 30 (3) "individual subject to conservatorship" means an individual 31 for whom a conservator has been appointed;
01 (4) "individual subject to guardianship" means an individual for 02 whom a guardian has been appointed; 03 (5) "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. 92. AS 47.10.086(a) is amended to read: 08 (a) Except as provided in (b), (c), and (g) of this section, the department shall 09 make timely, reasonable efforts to provide family support services to the child and to 10 the parents or guardian of the child that are designed to prevent out-of-home 11 placement of the child or to enable the safe return of the child to the family home, 12 when appropriate, if the child is in an out-of-home placement. The department's duty 13 to make reasonable efforts under this subsection includes the duty to 14 (1) identify family support services that will assist the parent or 15 guardian in remedying the conduct or conditions in the home that made the child a 16 child in need of aid; 17 (2) actively offer the parent or guardian, and refer the parent or 18 guardian to, the services identified under (1) of this subsection; the department shall 19 refer the parent or guardian to, and distribute to the parent or guardian information on, 20 community-based family support services whenever community-based services are 21 available and desired by the parent or guardian; the information may include the use of 22 a power of attorney under AS 13.29.535 [AS 13.26.066] to select an individual to care 23 for the child temporarily; and 24 (3) document the department's actions that are taken under (1) and (2) 25 of this subsection. 26 * Sec. 93. AS 47.10.111(a) is amended to read: 27 (a) Except as provided under AS 13.29.425(e)(2) [AS 13.26.137(b)(2)] and 28 AS 25.23.030(d)(2), if a person seeks adoption or appointment as legal guardian of a 29 child in state custody under this chapter, the court shall hear the adoption or 30 guardianship proceedings as part of the child-in-need-of-aid proceedings relating to 31 the child. A person may initiate proceedings for the adoption or legal guardianship of a
01 child in state custody under this chapter by filing with the court a petition 02 (1) for adoption that meets the requirements of AS 25.23.080; or 03 (2) to be appointed legal guardian that meets the requirements of 04 AS 13.29.005 - 13.29.055 [AS 13.26.147]. 05 * Sec. 94. AS 47.10.111(f) is amended to read: 06 (f) Except as provided in this section, the requirements of AS 25.23 apply to a 07 petition for adoption filed under this section, and the requirements of AS 13.29.005 - 08 13.29.055 [AS 13.26.101 - 13.26.186] apply to a petition for legal guardianship filed 09 under this section. 10 * Sec. 95. AS 47.10.112(b) is amended to read: 11 (b) A proxy filed under this section does not initiate proceedings for adoption 12 or legal guardianship. A person seeking to adopt a child in state custody must file a 13 petition for adoption as required under AS 25.23. A person seeking to be appointed 14 legal guardian of a child in state custody must file a petition for appointment as 15 required under AS 13.29.005 - 13.29.055 [AS 13.26.101 - 13.26.186]. 16 * Sec. 96. AS 47.24.015(c) is amended to read: 17 (c) The department or its designee shall immediately terminate an 18 investigation under this section upon the request of the vulnerable adult who is the 19 subject of the report made under AS 47.24.010. However, the department or its 20 designee may not terminate the investigation if the investigation to that point has 21 resulted in probable cause to believe that the vulnerable adult is in need of protective 22 services and the request is made personally by the vulnerable adult and the vulnerable 23 adult is not competent to make the request on the adult's own behalf, or the request is 24 made by the vulnerable adult's guardian, attorney-in-fact, or surrogate decision maker 25 and that person is the alleged perpetrator of the undue influence, abandonment, 26 exploitation, abuse, or neglect of the vulnerable adult and is being investigated under 27 this chapter. If the department has probable cause to believe that the vulnerable adult 28 is in need of protective services, 29 (1) the department may petition the court as set out in AS 47.24.019; 30 (2) the department or its designee may refer the report made to the 31 department under AS 47.24.010 to a police officer for criminal investigation; or
01 (3) in cases involving fraud, the department or its designee may refer 02 the report made to the department under AS 47.24.010 to the office of public advocacy 03 for investigation; in this paragraph, "fraud" means 04 (A) robbery, extortion, and coercion under AS 11.41.500 - 05 11.41.530; 06 (B) offenses against property under AS 11.46.100 - 07 11.46.740; or 08 (C) exploitation of another person or another person's 09 resources for personal profit or advantage if no significant benefit accrues 10 to the person who is exploited [HAS THE MEANING GIVEN IN 11 AS 13.26.595]. 12 * Sec. 97. AS 47.24.019(a) is amended to read: 13 (a) If, after investigation under AS 47.24.015, the department has reasonable 14 cause to believe that a vulnerable adult is in need of protective services and is an 15 incapacitated person, the department may petition the court under AS 13.29 16 [AS 13.26] for appointment of a guardian or temporary guardian, or for a change of 17 guardian, for the vulnerable adult for the purpose of deciding whether to consent to the 18 receipt of protective services for the vulnerable adult. 19 * Sec. 98. AS 47.24.900(8) is amended to read: 20 (8) "exploitation" 21 (A) means unjust or improper use of another person or another 22 person's resources for one's own profit or advantage, with or without the 23 person's consent; and 24 (B) includes acts by a person who stands in a position of trust 25 or confidence with a vulnerable adult or who knows or should know that the 26 vulnerable adult lacks the capacity to consent that involve obtaining profit or 27 advantage through undue influence, deception, fraud, intimidation, or breach of 28 fiduciary duty; in this subparagraph, "fraud" means 29 (i) robbery, extortion, and coercion under 30 AS 11.41.500 - 11.41.530; or 31 (ii) offenses against property under AS 11.46.100 -
01 11.46.740 [HAS THE MEANING GIVEN IN AS 13.26.595(1) AND 02 (2)]; 03 * Sec. 99. AS 47.24.900(15) is amended to read: 04 (15) "protective services" means services that are intended to prevent 05 or alleviate harm resulting from undue influence, abandonment, exploitation, abuse, 06 neglect, or self-neglect and that are provided to a vulnerable adult in need of 07 protection; in this paragraph, "services" includes 08 (A) protective placement; 09 (B) applying for or obtaining public benefits; 10 (C) obtaining health care services and supplies; 11 (D) staying financial transactions; 12 (E) petitioning for a protective arrangement [ORDER] under 13 AS 13.29.325(b)(2) or 13.29.330(c)(2) or (d) [AS 13.26.401 - 13.26.460]; 14 (F) assisting with personal hygiene; 15 (G) obtaining food and clothing; 16 (H) protection from physical and emotional abuse; 17 (I) obtaining representative payee services; and 18 (J) coordinating protective services; 19 * Sec. 100. AS 47.30.835(b) is amended to read: 20 (b) Court-ordered evaluation or treatment under AS 47.30.660 - 47.30.915 is 21 not a determination that an individual requires a guardianship, conservatorship, 22 or a protective arrangement instead of guardianship or conservatorship under 23 AS 13.29 [OF LEGAL INCAPACITY UNDER AS 13.26.005 - 13.26.580]. 24 * Sec. 101. AS 08.26.190(9), 08.26.190(10); AS 13.06.050(44), 13.06.050(45), 25 13.06.050(61); AS 13.26.001, 13.26.005, 13.26.010, 13.26.021, 13.26.031, 13.26.041, 26 13.26.051, 13.26.066, 13.26.101, 13.26.121, 13.26.126, 13.26.132, 13.26.137, 13.26.143, 27 13.26.147, 13.26.153, 13.26.157, 13.26.162, 13.26.167, 13.26.171, 13.26.181, 13.26.186, 28 13.26.201, 13.26.211, 13.26.216, 13.26.221, 13.26.226, 13.26.231, 13.26.236, 13.26.241, 29 13.26.246, 13.26.251, 13.26.256, 13.26.261, 13.26.266, 13.26.271, 13.26.276, 13.26.281, 30 13.26.286, 13.26.291, 13.26.296, 13.26.301, 13.26.306, 13.26.311, 13.26.316, 13.26.401, 31 13.26.406, 13.26.411, 13.26.415, 13.26.420, 13.26.425, 13.26.430, 13.26.435, 13.26.440,
01 13.26.445, 13.26.450, 13.26.455, 13.26.460, 13.26.465, 13.26.470, 13.26.475, 13.26.480, 02 13.26.485, 13.26.490, 13.26.495, 13.26.500, 13.26.505, 13.26.510, 13.26.515, 13.26.520, 03 13.26.525, 13.26.530, 13.26.535, 13.26.540, 13.26.545, 13.26.550, 13.26.555, 13.26.560, 04 13.26.565, 13.26.570, 13.26.575, 13.26.580, 13.26.595; AS 13.27.490(6), 13.27.490(9); 05 AS 13.52.040; and AS 13.63.190(19) are repealed. 06 * Sec. 102. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 INDIRECT COURT RULE AMENDMENT. The provisions of this Act have the 09 effect of changing the Alaska Rules of Probate Procedure. 10 * Sec. 103. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 INDIRECT COURT RULE AMENDMENT. AS 13.29.040(d), 13.29.115(d)(2), and 13 13.29.215(e), enacted by sec. 66 of this Act, have the effect of changing Rule 77(c), Alaska 14 Rules of Civil Procedure, by requiring a hearing within five days of the appointment of an 15 emergency guardian or conservator. 16 * Sec. 104. The uncodified law of the State of Alaska is amended by adding a new section 17 to read: 18 APPLICABILITY. (a) This Act applies to a proceeding for appointment of a guardian 19 or conservator or for a protective arrangement instead of guardianship or conservatorship 20 commenced on or after the effective date of this Act. 21 (b) AS 11.56.740(a), as amended by sec. 22 of this Act, and AS 11.56.740(c), as 22 amended by sec. 23 of this Act, apply to offenses committed on or after the effective date of 23 this Act. 24 (c) AS 13.29.030(b) and 13.29.100(a), enacted by sec. 66 of this Act, apply to 25 appointments of guardians by will made on or after the effective date of this Act. 26 * Sec. 105. The uncodified law of the State of Alaska is amended by adding a new section 27 to read: 28 TRANSITION: POWER OF ATTORNEY FOR MINOR CHILD. (a) A power of 29 attorney executed by a guardian of a minor child under AS 13.26.066, repealed by sec. 101 of 30 this Act, before the effective date of this Act may remain in effect until the power of attorney 31 expires, is terminated, or is revoked, as provided under AS 13.26.066, as that section read on
01 the day before the effective date of this Act, and must otherwise comply with AS 13.26.066, 02 as that section read on the day before the effective date of this Act. 03 (b) A power of attorney executed by a parent of a minor child under AS 13.26.066, 04 repealed by sec. 101 of this Act, before the effective date of this Act may remain in effect 05 until the power of attorney expires, is terminated, or is revoked, as provided under 06 AS 13.26.066, as that section read on the day before the effective date of this Act, but must 07 otherwise comply with AS 13.29.535, enacted by sec. 66 of this Act. 08 * Sec. 106. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 TRANSITION: GUARDIANSHIP AND CONSERVATORSHIP. A guardianship or 11 conservatorship established under AS 13.26.001 - 13.26.595, repealed by sec. 101 of this Act, 12 that is in effect on the day before the effective date of this Act shall retain the powers and 13 duties assigned to the guardian or conservator until the guardianship or conservatorship is 14 terminated or modified. AS 13.29, enacted by sec. 66 of this Act, governs the termination or 15 modification of a guardianship or conservatorship under this section. 16 * Sec. 107. The uncodified law of the State of Alaska is amended by adding a new section 17 to read: 18 TRANSITION: PROTECTIVE ORDERS. A protective order issued under 19 AS 13.26.450, 13.26.455, or 13.26.460, repealed by sec. 101 of this Act, that is in effect on 20 the day before the effective date of this Act 21 (1) remains in effect until the date the protective order expires under 22 AS 13.26.450, 13.26.455, or 13.26.460, as those sections read on the day before the effective 23 date of this Act; and 24 (2) may be modified under AS 13.26.460, as that section read on the day 25 before the effective date of this Act. 26 * Sec. 108. The uncodified law of the State of Alaska is amended by adding a new section 27 to read: 28 CONDITIONAL EFFECT. This Act takes effect only if secs. 102 and 103 of this Act 29 receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of 30 the State of Alaska. 31 * Sec. 109. This Act takes effect July 1, 2026.