CSSB 190(JUD): "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 CS FOR SENATE BILL NO. 190(JUD) 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 13.29.333 or former AS 13.26.450 - 13.26.460 20 and knowingly commits or attempts to commit an act with reckless disregard that the 21 act violates or would violate a provision of the protective order. 22 * Sec. 23. AS 11.56.740(c) is amended to read: 23 (c) In this section, "protective order" means an order issued, filed, or 24 recognized under AS 13.29.333, former AS 13.26.450 - 13.26.460, AS 18.65.850 - 25 18.65.870, or AS 18.66.100 - 18.66.180. 26 * Sec. 24. AS 13.06.010(b) is amended to read: 27 (b) The underlying purposes and policies of AS 13.06 - AS 13.36 are to 28 (1) simplify and clarify the law concerning the affairs of decedents, 29 missing persons, [PROTECTED PERSONS,] minors, [AND] incapacitated persons, 30 and individuals subject to guardianship or conservatorship; 31 (2) discover and make effective the intent of a decedent in distribution
01 of the decedent's property; 02 (3) promote a speedy and efficient system for liquidating the estate of 03 the decedent and making distribution to the decedent's successors; 04 (4) facilitate use and enforcement of certain trusts; and 05 (5) make uniform the law among the various jurisdictions. 06 * Sec. 25. AS 13.06.050(6) is amended to read: 07 (6) "claims," in respect to estates of decedents and individuals subject 08 to conservatorship [PROTECTED PERSONS], includes liabilities of the decedent or 09 individual subject to conservatorship [PROTECTED PERSON], whether arising in 10 contract, in tort, or in another way, and liabilities of the estate that arise at or after the 11 death of the decedent or after the appointment of a conservator, including funeral 12 expenses and expenses of administration; "claims" does not include estate or 13 inheritance taxes, or demands or disputes regarding title of a decedent or individual 14 subject to conservatorship [PROTECTED PERSON] to specific assets alleged to be 15 included in the estate; 16 * Sec. 26. AS 13.06.050(7) is amended to read: 17 (7) "conservator" has the meaning given in AS 13.29.590(b) 18 [MEANS A PERSON WHO IS APPOINTED BY A COURT TO MANAGE THE 19 ESTATE OF A PROTECTED PERSON]; 20 * Sec. 27. AS 13.06.050(12) is amended to read: 21 (12) "disability" means a cause for a conservatorship or protective 22 arrangement instead of conservatorship under AS 13.29 [PROTECTIVE ORDER 23 AS DESCRIBED IN AS 13.26.401]; 24 * Sec. 28. AS 13.06.050(22) is amended to read: 25 (22) "guardian" has the meaning given in AS 13.29.590(b) [MEANS 26 A PERSON WHO HAS QUALIFIED AS A GUARDIAN OF A MINOR OR 27 INCAPACITATED PERSON IN ACCORDANCE WITH TESTAMENTARY OR 28 COURT APPOINTMENT, BUT EXCLUDES A PERSON WHO IS MERELY A 29 GUARDIAN AD LITEM]; 30 * Sec. 29. AS 13.06.050(26) is amended to read: 31 (26) "interested person" includes heirs, devisees, children, spouses,
01 creditors, beneficiaries, and other persons having property rights in or claims against a 02 trust estate or the estate of a decedent or individual subject to guardianship or 03 conservatorship [, WARD, OR PROTECTED PERSON]; "interested person" also 04 includes persons having priority for appointment as personal representative, and other 05 fiduciaries representing interested persons; "interested person," as it relates to 06 particular persons, may vary from time to time and its meaning shall be determined 07 according to the particular purposes of, and matter involved in, a proceeding; 08 * Sec. 30. AS 13.06.050(59) is amended to read: 09 (59) "trust" includes an express trust, private or charitable, with 10 additions to the trust, wherever and however created; "trust" also includes a trust 11 created or determined by judgment or decree under which the trust is to be 12 administered in the manner of an express trust; "trust" excludes other constructive 13 trusts, resulting trusts, conservatorships, personal representatives, trust accounts that 14 are POD designation accounts under AS 13.33.201 - 13.33.227, custodial 15 arrangements under AS 13.29 [AS 13.26] or AS 13.46, business trusts providing for 16 certificates to be issued to beneficiaries, common trust funds, voting trusts, security 17 arrangements, liquidation trusts, trusts for the primary purpose of paying debts, 18 dividends, interest, salaries, wages, profits, pensions, or employee benefits of any 19 kind, and any arrangement under which a person is nominee or escrowee for another; 20 * Sec. 31. AS 13.06.050 is amended by adding new paragraphs to read: 21 (63) "individual subject to conservatorship" has the meaning given in 22 AS 13.29.590(b); 23 (64) "individual subject to guardianship" has the meaning given in 24 AS 13.29.590(b). 25 * Sec. 32. AS 13.06.060 is amended to read: 26 Sec. 13.06.060. Applicability. Except as otherwise provided in AS 13.06 - 27 AS 13.36, AS 13.06 - AS 13.36 apply to 28 (1) the affairs and estates of decedents, missing persons, and persons to 29 be protected, domiciled in this state; 30 (2) the property of nonresidents located in this state or property 31 coming into the control of a fiduciary who is subject to the laws of this state;
01 (3) individuals subject to guardianship or conservatorship, 02 incapacitated persons, and minors in this state; 03 (4) survivorship and related accounts in this state; and 04 (5) trusts subject to administration in this state. 05 * Sec. 33. AS 13.06.065 is amended to read: 06 Sec. 13.06.065. Subject matter jurisdiction. To the full extent permitted by 07 the constitution, the court has jurisdiction over all subject matter relating to 08 (1) estates of decedents, including construction of wills and 09 determination of heirs and successors of decedents, and estates of individuals subject 10 to conservatorship [PROTECTED PERSONS]; and 11 (2) [PROTECTION OF MINORS AND INCAPACITATED 12 PERSONS; AND 13 (3)] trusts. 14 * Sec. 34. AS 13.06.070(b) is amended to read: 15 (b) If proceedings concerning the same estate [, PROTECTED PERSON, 16 WARD,] or trust are commenced in more than one court of this state, the court in 17 which the proceeding was first commenced shall continue to hear the matter, and the 18 other courts shall hold the matter in abeyance until the question of venue is decided, 19 and if the ruling court determines that venue is properly in another court, it shall 20 transfer the proceeding to the other court. 21 * Sec. 35. AS 13.06.080 is amended to read: 22 Sec. 13.06.080. Records and certified copies. The clerk of the court shall 23 keep a record for each decedent, individual subject to guardianship or 24 conservatorship [WARD, PROTECTED PERSON], or trust involved in any 25 document that may be filed with the court under AS 13.06 - AS 13.36, including 26 petitions and applications, demands for notices or bonds, trust registrations, and of any 27 orders or responses relating thereto by the registrar or court, and establish and 28 maintain a system for indexing, filing, or recording that is sufficient to enable users of 29 the records to obtain adequate information. Upon payment of the fees required by law, 30 the clerk shall issue certified copies of any probated wills, letters issued to personal 31 representatives, or any other record or paper filed or recorded. Certificates relating to
01 probated wills must indicate whether the decedent was domiciled in this state and 02 whether the probate was formal or informal. Certificates relating to letters must show 03 the date of appointment. 04 * Sec. 36. AS 13.06.120(a) is amended to read: 05 (a) In any proceedings involving trusts, nonprobate assets, or estates of 06 decedents, minors, [PROTECTED PERSONS, OR] incapacitated persons, or 07 individuals subject to guardianship or conservatorship brought under AS 13.06 - 08 AS 13.36 or AS 13.38, the following apply: 09 (1) interests to be affected shall be described in pleadings that give 10 reasonable information to owners by name or class, by reference to the instrument 11 creating the interests, or in other appropriate manner; 12 (2) persons are bound by orders binding others in the following cases: 13 (A) orders binding the sole holder or all co-holders of a power 14 of revocation or a general or nongeneral power of appointment, including one 15 in the form of a power of amendment, bind other persons to the extent their 16 interests, as objects, takers in default, or otherwise, are subject to the power; 17 (B) to the extent there is no conflict of interest between them or 18 among persons represented, orders binding a conservator bind the person 19 whose estate the conservator controls; orders binding a guardian bind the 20 individual subject to guardianship [WARD] if no conservator of the estate 21 has been appointed; orders binding a trustee bind beneficiaries of the trust in 22 proceedings to probate a will establishing or adding to a trust, to review the 23 acts or accounts of a prior fiduciary, and in proceedings involving creditors or 24 other third parties; orders binding a personal representative bind persons 25 interested in the undistributed assets of a decedent's estate in actions or 26 proceedings by or against the estate; and orders binding an agent having 27 authority to act with respect to the particular questions or dispute bind the 28 principal; if there is no conflict of interest and no conservator or guardian has 29 been appointed, a parent may represent the minor child; 30 (C) an unborn person, a minor, an incapacitated person, 31 individual subject to guardianship or conservatorship, or a person whose
01 identity or location is unknown or not reasonably ascertainable who is not 02 otherwise represented is bound by an order to the extent the interest is 03 adequately represented by another party having a substantially identical 04 interest in the proceeding; 05 (D) with regard to interests given upon the happening of a 06 certain event to persons who comprise a certain class, orders binding the living 07 persons who would constitute the class, if the event had happened immediately 08 before the commencement of the proceeding, bind all members of the class; 09 (E) with regard to an interest given to a living person when the 10 same interest or a share of the interest is to pass to the surviving spouse or to 11 persons who are or might be the distributees, devisees, heirs, or issue of the 12 living person upon the happening of a future event, orders binding the living 13 person bind the surviving spouse, distributees, devisees, heirs, or issue of the 14 living person; 15 (F) with regard to interests given to a person or a class of 16 persons, or to both, upon the happening of a future event, if the same interest 17 or a share of the interest is to pass to another person or class of persons, or to 18 both, upon the happening of an additional future event, orders binding the 19 living person or class of persons who would take the interest upon the 20 happening of the first event bind the persons and classes of persons who might 21 take on the happening of the additional future event; 22 (G) if a person is designated by a trust instrument to represent 23 and bind a born or unborn beneficiary of the trust and receive a notice, 24 information, accounting, or report for the beneficiary, then the beneficiary is 25 bound by an order binding the designated person; in this subparagraph, 26 (i) the settlor may make the designation in the trust 27 instrument, in a separate document, or by a trust protector authorized in 28 the trust instrument to make the designation; 29 (ii) except as otherwise provided in this subparagraph, a 30 person designated under (i) of this subparagraph may not represent and 31 bind a beneficiary while the designated person is serving as trustee;
01 (iii) except as otherwise provided in this subparagraph, 02 a person designated under (i) of this subparagraph may not represent 03 and bind another beneficiary if the designated person also is a 04 beneficiary, unless the designated person was named by the settlor, is 05 the beneficiary's spouse, or is a grandparent or descendant of a 06 grandparent of the beneficiary or the beneficiary's spouse; in this sub- 07 subparagraph, "spouse" means the individual to whom the beneficiary 08 is married and with whom the beneficiary is living, and a physical 09 separation primarily for education, business, health, and similar reasons 10 does not prevent the individual from being considered to be living with 11 the beneficiary; 12 (3) a person representing another person under (2)(A) - (F) of this 13 section and a person designated under (2)(G)(i) of this section are not liable to the 14 beneficiary whose interests are represented, or to a person claiming through that 15 beneficiary, for an action or omission to act made in good faith; 16 (4) notice is required as follows: 17 (A) notice as prescribed by AS 13.06.110 shall be given to 18 every interested person or to one person who can bind an interested person as 19 described in (2)(A), (B), or (D) - (G) of this section; notice may be given both 20 to a person and to another person who may bind the person; 21 (B) notice is given to unborn persons, a minor, an incapacitated 22 person, individual subject to guardianship or conservatorship, or a person 23 whose identity or location is unknown or not reasonably ascertainable, and 24 persons who are not represented under (2)(A), (B), or (D) - (G) of this section, 25 by giving notice to all known persons whose interests in the proceedings are 26 substantially identical to those of the unborn persons, [THE] minor, [THE] 27 incapacitated person, individual subject to guardianship or 28 conservatorship, or the person whose identity or location is unknown or not 29 reasonably ascertainable; 30 (5) at any point in a proceeding, a court may appoint a guardian ad 31 litem to represent the interest of an unborn person, a minor, incapacitated person,
01 individual subject to guardianship or conservatorship, or a person whose identity 02 or address is unknown or not reasonably ascertainable, if the court determines that 03 representation of the interest otherwise would be inadequate; if not precluded by 04 conflict of interests, a guardian ad litem may be appointed to represent several persons 05 or interests; the court shall set out its reasons for appointing a guardian ad litem as a 06 part of the record of the proceeding. 07 * Sec. 37. AS 13.16.040(a) is amended to read: 08 (a) An informal probate or appointment proceeding or formal testacy or 09 appointment proceeding, other than a proceeding to probate a will previously probated 10 at the testator's domicile and appointment proceedings relating to an estate in which 11 there has been a prior appointment, may not be commenced more than three years 12 after the decedent's death, except 13 (1) if a previous proceeding was dismissed because of doubt about the 14 fact of the decedent's death, appropriate probate, appointment, or testacy proceedings 15 may be maintained at any time after the dismissal upon a finding that the decedent's 16 death occurred before the initiation of the previous proceeding and the applicant or 17 petitioner has not delayed unduly in initiating the subsequent proceeding; 18 (2) appropriate probate, appointment, or testacy proceedings may be 19 maintained in relation to the estate of an absent, disappeared, or missing person for 20 whose estate a conservator has been appointed, at any time within three years after the 21 conservator becomes able to establish the death of the individual subject to 22 conservatorship [PROTECTED PERSON]; 23 (3) a proceeding to contest an informally probated will and to secure 24 appointment of the person with legal priority for appointment in the event the contest 25 is successful, may be commenced within the later of 12 months from the informal 26 probate or three years from the decedent's death; 27 (4) an informal appointment or a formal testacy or appointment 28 proceeding may be commenced after the three years if proceedings concerning the 29 succession or estate administration have not occurred within the three-year period after 30 the decedent's death, but the personal representative may not possess estate assets as 31 provided in AS 13.16.380 beyond that necessary to confirm title to the assets in the
01 successors to the estate and claims other than expenses of administration may not be 02 presented against the estate; and 03 (5) a formal testacy proceeding may be commenced at any time after 04 three years from the decedent's death for the purpose of establishing an instrument to 05 direct or control the ownership of property passing or distributable after the decedent's 06 death from a person other than the decedent when the property is to be appointed by 07 the terms of the decedent's will or is to pass or be distributed as a part of the decedent's 08 estate or its transfer is otherwise to be controlled by the terms of the decedent's will. 09 * Sec. 38. AS 13.16.065(d) is amended to read: 10 (d) Conservators of the estates of individuals subject to conservatorship 11 [PROTECTED PERSONS], or if there is no conservator, any guardian except a 12 guardian ad litem of an individual subject to guardianship or conservatorship or a 13 minor [OR INCAPACITATED PERSON], may exercise the same right to nominate, 14 to object to another's appointment, or to participate in determining the preference of a 15 majority in interest of the heirs and devisees that the individual subject to 16 guardianship or conservatorship [PROTECTED PERSON OR WARD] would have 17 if qualified for appointment. 18 * Sec. 39. AS 13.16.285 is amended to read: 19 Sec. 13.16.285. Termination of appointment; death or disability. The death 20 of a personal representative or the appointment of a conservator for the estate of a 21 personal representative, terminates the personal representative's appointment. Until 22 appointment and qualification of a successor or special representative to replace the 23 deceased personal representative or personal [PROTECTED] representative subject 24 to guardianship or conservatorship, the representative of the estate of the deceased 25 representative or [PROTECTED] personal representative subject to guardianship 26 or conservatorship, if any, has the duty to protect the estate possessed and being 27 administered by the decedent or personal representative subject to guardianship or 28 conservatorship [WARD] at the time the appointment terminates, has the power to 29 perform acts necessary for protection, and shall account for and deliver the estate 30 assets to a successor or special personal representative upon appointment and 31 qualification.
01 * Sec. 40. AS 13.26.635(a) is amended to read: 02 (a) The following persons may petition a court in accordance with the 03 provisions of AS 13.29 [AS 13.26.401 - 13.26.595] to construe a power of attorney, 04 review the agent's conduct, and grant appropriate relief: 05 (1) the principal or the agent; 06 (2) the principal's attorney or other legal representative; 07 (3) a guardian, conservator, or other fiduciary acting for the principal; 08 (4) a person authorized to make health care decisions for the principal; 09 (5) the principal's spouse, parent, or descendant; 10 (6) an individual who would qualify as a presumptive heir of the 11 principal; 12 (7) a person named as a beneficiary to receive any property, benefit, or 13 contractual right on the principal's death or as a beneficiary of a trust created by or for 14 the principal that has a financial interest in the principal's estate; 15 (8) the Department of Health, the Department of Administration, the 16 office of the long term care ombudsman, or other governmental agency having 17 statutory authority to protect the welfare of the principal; 18 (9) the principal's caregiver, custodian, or another person that 19 demonstrates sufficient interest in the principal's welfare; and 20 (10) a person asked to accept the power of attorney. 21 * Sec. 41. AS 13.26.700 is amended to read: 22 Sec. 13.26.700. Purpose. The legislature recognizes that many Alaskans [, 23 FOR REASONS OF INCAPACITY OR MINORITY,] are in need of a guardian or 24 conservator and [. OFTEN THESE PERSONS] cannot find a person able and willing 25 to serve as guardian or conservator. The legislature intends through AS 13.26.700 - 26 13.26.750 to establish the function of public guardian for the purpose of furnishing 27 guardianship and conservatorship services. It further intends by establishing this 28 function to provide assistance to guardians throughout the state in securing necessary 29 services for individuals subject to guardianship [THEIR WARDS] and to assist the 30 courts, attorneys, visitors, respondents, and proposed guardians in the orderly and 31 expeditious handling of guardianship proceedings.
01 * Sec. 42. AS 13.26.710(b) is amended to read: 02 (b) A court may order the public guardian to provide a [ACT AS] full 03 guardianship [GUARDIAN], limited guardianship [PARTIAL GUARDIAN], full 04 conservatorship [CONSERVATOR], or limited conservatorship [SPECIAL 05 CONSERVATOR] for a person who is determined under AS 13.29 or this chapter to 06 be in need of guardianship or conservatorship service if no person or private 07 guardianship association is willing and qualified to perform the function. 08 * Sec. 43. AS 13.26.720(a) is amended to read: 09 (a) The public guardian has the same powers and duties when acting as a 10 guardian or conservator for an individual subject to guardianship or 11 conservatorship [WITH RESPECT TO THE PUBLIC GUARDIAN'S WARDS AND 12 PROTECTED PERSONS] as a private guardian or conservator. 13 * Sec. 44. AS 13.26.720(b) is amended to read: 14 (b) The public guardian, when appointed as guardian or conservator, shall 15 endeavor, for as long as practical, to find a suitable private guardian or conservator for 16 the individual subject to guardianship or conservatorship [PUBLIC 17 GUARDIAN'S WARD OR PROTECTED PERSON]. For each individual subject to 18 guardianship or conservatorship [WARD AND PROTECTED PERSON], the 19 public guardian shall include in the [ITS] annual reports required [REPORT] under 20 AS 13.29.140 and 13.29.265 [AS 13.26.276(a)] to the court having jurisdiction of the 21 individual subject to guardianship or conservatorship [WARD OR PROTECTED 22 PERSON] information on the availability of a private guardian or conservator. 23 * Sec. 45. AS 13.26.720(c) is amended to read: 24 (c) The public guardian shall 25 (1) establish and maintain relationships with governmental, public, and 26 private agencies, institutions, and organizations to assure the most effective 27 guardianship or conservatorship program for each individual subject to 28 guardianship or conservatorship [WARD AND PROTECTED PERSON]; 29 (2) visit each of the public guardian's individuals subject to 30 guardianship or conservatorship [WARDS AND PROTECTED PERSONS] at least 31 once every quarter to monitor their welfare;
01 (3) keep and maintain financial and statistical records of all cases in 02 which the public guardian provides guardianship or conservatorship services; 03 (4) provide information and referrals to the public regarding 04 guardianship and conservatorship proceedings, but not information that would identify 05 a particular case; 06 (5) assist guardians and court-appointed visitors of individuals 07 subject to guardianship [WARDS] and respondents in the preparation and revision 08 of guardianship plans and reports; 09 (6) assist guardians to understand the disabilities of individuals 10 subject to guardianship [WARDS] and to foster the increased independence of 11 individuals subject to guardianship [WARDS]; 12 (7) assist guardians in securing the rights, benefits, and services to 13 which their individuals subject to guardianship [WARDS] are entitled; 14 (8) develop and maintain a current listing of public and private 15 medical, mental health, social advocacy, educational, rehabilitative, counseling, 16 therapeutic, homemaking, recreational, and financial services and programs available 17 to assist individuals subject to guardianship or conservatorship [WARDS AND 18 PROTECTED PERSONS] and their families. 19 * Sec. 46. AS 13.26.730 is amended to read: 20 Sec. 13.26.730. Intervention by public guardian. The public guardian may, 21 on the public guardian's own motion or at the request of the court, intervene in a 22 guardianship or conservatorship proceeding if the public guardian or the court 23 considers the intervention to be justified because 24 (1) an appointed guardian or conservator is not fulfilling duties; 25 (2) the estate is subject to waste as a result of the costs of the 26 guardianship or conservatorship; 27 (3) a willing and qualified guardian or conservator is not available; or 28 (4) the best interests of the individual subject to guardianship or 29 conservatorship [WARD], respondent, [PROTECTED PERSON,] or person who is 30 the subject of a conservatorship proceeding require the intervention. 31 * Sec. 47. AS 13.26.740 is amended to read:
01 Sec. 13.26.740. Staff; delegation of powers and duties. The public guardian 02 may employ staff and delegate to members of the staff or to volunteers the powers and 03 duties as guardian or conservator and other powers and duties under AS 13.29 or this 04 chapter. However, the public guardian retains responsibility for the proper 05 performance of the delegated powers and duties. The public guardian may only 06 delegate powers and duties under AS 13.29 or this chapter to an individual who is not 07 prohibited from being a guardian under AS 13.29.100(d) or (e) or conservator 08 under AS 13.29.200(d) or (e) [MEETS THE ELIGIBILITY REQUIREMENTS OF 09 AS 13.26.311] and has passed the criminal history record information check under 10 AS 08.26.070. In addition, the individual must either hold a current certification as a 11 guardian from a nationally recognized organization at the time of the delegation or 12 apply for and receive that certification within one year of the delegation. 13 * Sec. 48. AS 13.26.750(a) is amended to read: 14 (a) The commissioner of administration may establish by regulation a 15 schedule of reasonable fees for the costs of the public guardian's services. The fee 16 schedule established may be based on [UPON] the ability of the individual subject to 17 guardianship or conservatorship [WARD OR PROTECTED PERSON] to pay for 18 guardian services but may not exceed the actual cost of providing public guardian 19 services. The office of public advocacy shall charge and collect the fees established 20 under this subsection, but may waive collection of a fee upon a finding that collection 21 is not economically feasible or in the public interest. 22 * Sec. 49. AS 13.26.750(c) is amended to read: 23 (c) The public guardian may investigate the financial status of (1) a person 24 who requests the appointment of the public guardian as the person's guardian or 25 conservator; and (2) an individual subject to guardianship [A WARD] for whom a 26 court has appointed the public guardian. 27 * Sec. 50. AS 13.26.750(e) is amended to read: 28 (e) Before the office of public advocacy releases the [A WARD'S] funds of an 29 individual subject to guardianship following the termination of the public guardian's 30 appointment, the office may collect from the [WARD'S] funds of the individual 31 subject to guardianship held by the office the reasonable value of the services
01 rendered without cost to the individual subject to guardianship or conservatorship 02 [WARD OR PROTECTED PERSON]. 03 * Sec. 51. AS 13.27.030(a) is amended to read: 04 (a) In a guardianship or protective proceeding in this state, a court may request 05 the appropriate court of another state to 06 (1) hold an evidentiary hearing; 07 (2) order a person in that state to produce evidence or give testimony 08 under procedures of that state; 09 (3) order that an evaluation or assessment be made of the respondent; 10 (4) order any appropriate investigation of a person involved in a 11 proceeding; 12 (5) forward to the court a certified copy of the transcript or other 13 record of a hearing under (1) of this subsection or any other proceeding, any evidence 14 otherwise produced under (2) of this subsection, and any evaluation or assessment 15 prepared in compliance with an order under (3) or (4) of this subsection; 16 (6) issue any order necessary to assure the appearance in the 17 proceeding of a person whose presence is necessary for the court to make a 18 determination, including the respondent or the adult subject to guardianship or 19 conservatorship [INCAPACITATED OR PROTECTED PERSON]; 20 (7) issue an order authorizing the release of medical, financial, 21 criminal, or other relevant information in that state, including protected health 22 information as defined in 45 C.F.R. 160.103, as amended. 23 * Sec. 52. AS 13.27.120(a) is amended to read: 24 (a) A court of this state lacking jurisdiction under AS 13.27.110 has special 25 jurisdiction to 26 (1) appoint a guardian in an emergency for a term not exceeding 90 27 days for a respondent who is physically present in this state; 28 (2) issue a protective order with respect to real or tangible personal 29 property located in this state; 30 (3) appoint a guardian or conservator for an adult subject to 31 guardianship or conservatorship [INCAPACITATED OR PROTECTED PERSON]
01 for whom a provisional order to transfer the proceeding from another state has been 02 issued under procedures similar to AS 13.27.200. 03 * Sec. 53. AS 13.27.200(c) is amended to read: 04 (c) On the court's own motion or on request of the guardian or conservator, the 05 adult subject to guardianship or conservatorship [INCAPACITATED OR 06 PROTECTED PERSON], or other person required to be notified of the petition, the 07 court shall hold a hearing on a petition filed under (a) of this section. 08 * Sec. 54. AS 13.27.200(d) is amended to read: 09 (d) The court shall issue an order provisionally granting a petition to transfer a 10 guardianship and shall direct the guardian to petition for guardianship in the other state 11 if the court is satisfied that the guardianship will be accepted by the court in the other 12 state and the court finds that 13 (1) the adult subject to guardianship [INCAPACITATED PERSON] 14 is physically present in or is reasonably expected to move permanently to the other 15 state; 16 (2) an objection to the transfer has not been made or, if an objection 17 has been made, the objector has not established that the transfer would be contrary to 18 the interests of the adult subject to guardianship [INCAPACITATED PERSON]; 19 and 20 (3) plans for care and services for the adult subject to guardianship 21 [INCAPACITATED PERSON] in the other state are reasonable and sufficient. 22 * Sec. 55. AS 13.27.200(e) is amended to read: 23 (e) The court shall issue a provisional order granting a petition to transfer a 24 conservatorship and shall direct the conservator to petition for conservatorship in the 25 other state if the court is satisfied that the conservatorship will be accepted by the 26 court of the other state and the court finds that 27 (1) the adult subject to conservatorship [PROTECTED PERSON] is 28 physically present in or is reasonably expected to move permanently to the other state, 29 or the adult subject to conservatorship [PROTECTED PERSON] has a significant 30 connection to the other state considering the factors set out in AS 13.27.180(3); 31 (2) an objection to the transfer has not been made or, if an objection
01 has been made, the objector has not established that the transfer would be contrary to 02 the interests of the adult subject to conservatorship [PROTECTED PERSON]; and 03 (3) adequate arrangements will be made for management of the 04 [PROTECTED PERSON'S] property of the adult subject to conservatorship. 05 * Sec. 56. AS 13.27.210(c) is amended to read: 06 (c) On the court's own motion or on request of the guardian or conservator, the 07 adult subject to guardianship or conservatorship [INCAPACITATED OR 08 PROTECTED PERSON,] or other person required to be notified of the proceeding, 09 the court may hold a hearing on a petition filed under (a) of this section. 10 * Sec. 57. AS 13.27.210(d) is amended to read: 11 (d) The court shall issue a provisional order granting a petition filed under (a) 12 of this section unless 13 (1) an objection is made and the objector establishes that transfer of the 14 proceeding would be contrary to the interests of the adult subject to guardianship or 15 conservatorship [INCAPACITATED OR PROTECTED PERSON]; or 16 (2) the guardian or conservator is ineligible for an appointment in this 17 state. 18 * Sec. 58. AS 13.27.210(g) is amended to read: 19 (g) In granting a petition under this section, the court shall recognize a 20 guardianship or conservatorship order from the other state, including the determination 21 of the adult subject to guardianship or conservatorship's [INCAPACITATED OR 22 PROTECTED PERSON'S] incapacity and the appointment of the guardian or 23 conservator. 24 * Sec. 59. AS 13.27.210(h) is amended to read: 25 (h) The denial by a court of this state of a petition to accept a guardianship or 26 conservatorship transferred from another state does not affect the ability of the 27 guardian or conservator to seek appointment as guardian or conservator in this state 28 under AS 13.29.060 or 13.29.155 [AS 13.26.266 OR 13.26.401] if the court has 29 jurisdiction to make an appointment other than by reason of the provisional order of 30 transfer. 31 * Sec. 60. AS 13.27.310 is amended to read:
01 Sec. 13.27.310. Registration of protective orders. If a conservator has been 02 appointed in another state and a petition for a protective order is not pending in this 03 state, the conservator appointed in the other state, after giving notice to the appointing 04 court of an intent to register, may register the protective order in this state by filing as 05 a foreign judgment in a court of this state, in any judicial district in which property 06 belonging to the adult subject to conservatorship [PROTECTED PERSON] is 07 located, certified copies of the order and letters of office and of any bond. 08 * Sec. 61. AS 13.27.420 is amended to read: 09 Sec. 13.27.420. Relation to AS 13.29 [AS 13.26]. Nothing in this chapter 10 limits the rights of an adult subject to guardianship or conservatorship 11 [INCAPACITATED PERSON] available in a guardianship or conservatorship 12 proceeding in this state under AS 13.29.060 or 13.29.155 [AS 13.26]. 13 * Sec. 62. AS 13.27.490(2) is amended to read: 14 (2) "conservator" means a person appointed by the court to administer 15 the property of an adult, including a person appointed under AS 13.29.155 16 [AS 13.26.401]; 17 * Sec. 63. AS 13.27.490(3) is amended to read: 18 (3) "guardian" means a person appointed by the court to make 19 decisions regarding the person of an adult, including a person appointed under 20 AS 13.29.060 [AS 13.26.266]; however, if the person was appointed as a full guardian 21 under AS 13.29 [AS 13.26], the person has the powers and duties set out for a 22 guardian of an adult under AS 13.29 [AS 13.26.316]; 23 * Sec. 64. AS 13.27.490(8) is amended to read: 24 (8) "person" means [, EXCEPT IN THE TERMS INCAPACITATED 25 PERSON OR PROTECTED PERSON,] an individual, corporation, business trust, 26 estate, trust, partnership, limited liability company, association, joint venture, public 27 corporation, government or governmental subdivision, agency, or instrumentality, or 28 any other legal or commercial entity; 29 * Sec. 65. AS 13.27.490 is amended by adding new paragraphs to read: 30 (15) "adult subject to conservatorship" means an adult for whom a 31 protective order has been issued;
01 (16) "adult subject to guardianship" means an adult for whom a 02 guardian has been appointed. 03 * Sec. 66. AS 13 is amended by adding a new chapter to read: 04 Chapter 29. Uniform Guardianship, Conservatorship, and Other Protective 05 Arrangements Act. 06 Article 1. Guardianship of Minor. 07 Sec. 13.29.005. Basis for appointment of guardian for minor. (a) A person 08 becomes a guardian for a minor only on appointment by the court. 09 (b) The court may appoint a guardian for a minor who does not have a 10 guardian if the court finds the appointment is in the best interest of the minor and 11 (1) each parent of the minor, after being fully informed of the nature 12 and consequences of guardianship, consents; 13 (2) all parental rights have been terminated; or 14 (3) there is clear and convincing evidence that no parent of the minor 15 is willing or able to exercise the powers the court is granting the guardian. 16 (c) Procedures relating to subsidized guardianships for hard-to-place children 17 are governed by AS 25.23.200 - 25.23.240. 18 (d) In addition to the applicable procedures under this chapter, a guardianship 19 decree and review of a guardianship decree are governed by the procedures 20 established under AS 25.23.180 and, for a child in need of aid, AS 47.10.089, 21 pertaining to voluntary relinquishment of parental rights and retaining of parental 22 privileges in a guardianship decree. 23 Sec. 13.29.010. Petition for appointment of guardian for minor. (a) A 24 minor or other person interested in the welfare of a minor may petition for 25 appointment of a guardian for the minor. 26 (b) A petition under (a) of this section must state the petitioner's name, 27 principal residence and, if different, current street address, relationship to the minor, 28 interest in the appointment, the name and address of any attorney representing the 29 petitioner, and, to the extent known, the following: 30 (1) the minor's name, age, principal residence and, if different, current 31 street address, and, if different, address of the dwelling in which it is proposed the
01 minor will reside if the appointment is made; 02 (2) the name and current street address of the minor's parents; 03 (3) the name and address, if known, of each person that had primary 04 care or custody of the minor for at least 60 days during the two years immediately 05 before the filing of the petition or for at least 730 days during the five years 06 immediately before the filing of the petition; 07 (4) the name and address of any attorney for the minor and any 08 attorney for each parent of the minor; 09 (5) the reason guardianship is sought and would be in the best interest 10 of the minor; 11 (6) the name and address of any proposed guardian and the reason the 12 proposed guardian should be selected; 13 (7) if the minor has property other than personal effects, a general 14 statement of the minor's property with an estimate of its value; 15 (8) whether the minor or any parent of the minor needs an interpreter, 16 translator, or other form of support to communicate effectively with the court or 17 understand court proceedings; 18 (9) whether any other proceeding concerning the care or custody of the 19 minor is pending in any court in this state or another jurisdiction. 20 Sec. 13.29.015. Notice of hearing for appointment of guardian for minor. 21 (a) If a petition is filed under AS 13.29.010, the court shall schedule a hearing and the 22 petitioner shall 23 (1) serve notice of the date, time, and place of the hearing, together 24 with a copy of the petition, on each of the following that is not the petitioner: 25 (A) the minor, if the minor will be 12 years of age or older at 26 the time of the hearing; 27 (B) each parent of the minor or, if there is none, the adult 28 nearest in kinship who can be found with reasonable diligence; 29 (C) any adult with whom the minor resides; 30 (D) each person that had primary care or custody of the minor 31 for at least 60 days during the two years immediately before the filing of the
01 petition or for at least 730 days during the five years immediately before the 02 filing of the petition; and 03 (E) any other person the court determines should receive 04 service of notice; and 05 (2) give notice under AS 13.29.460 of the date, time, and place of the 06 hearing, together with a copy of the petition, to 07 (A) any person nominated as guardian by the minor, if the 08 minor is 12 years of age or older; 09 (B) any person nominated as guardian by a parent of the minor; 10 (C) each grandparent and adult sibling of the minor; 11 (D) any guardian or conservator acting for the minor in any 12 jurisdiction; and 13 (E) any other person the court determines should receive 14 notice. 15 (b) Notice required by (a) of this section must include a statement of the right 16 to request appointment of an attorney for the minor or object to appointment of a 17 guardian and a description of the nature, purpose, and consequences of the 18 appointment of a guardian. 19 (c) The court may not grant a petition for guardianship of a minor if notice 20 substantially complying with (a)(1) of this section is not served on 21 (1) the minor, if the minor is 12 years of age or older; and 22 (2) each parent of the minor, unless the court finds by clear and 23 convincing evidence that the parent cannot with due diligence be located and served or 24 the parent waived, in a record, the right to notice. 25 (d) If a petitioner is unable to serve notice under (a)(1) of this section on a 26 parent of a minor or alleges that the parent waived, in a record, the right to notice 27 under this section, the court shall appoint an investigator who shall 28 (1) interview the petitioner and the minor; 29 (2) if the petitioner alleges the parent cannot be located, ascertain 30 whether the parent cannot be located with due diligence; and 31 (3) investigate any other matter relating to the petition the court
01 directs. 02 Sec. 13.29.020. Attorney for minor or parent. (a) A minor who is subject to 03 a proceeding under AS 13.29.010 is entitled to be represented by an attorney in the 04 proceeding. The court shall appoint an attorney to represent the minor in the 05 proceeding if the minor has not retained an attorney and 06 (1) an attorney is requested by the minor and the minor is 12 years of 07 age or older; 08 (2) appointment of an attorney is recommended by a guardian ad litem; 09 or 10 (3) the court determines the minor needs representation. 11 (b) If a minor who meets the conditions for appointment of an attorney under 12 (a) of this section is financially unable to employ an attorney, the court shall appoint 13 the office of public advocacy to represent the minor in the proceeding. 14 (c) An attorney representing a minor in a proceeding for appointment of a 15 guardian for the minor shall 16 (1) make a reasonable effort to ascertain the minor's wishes; 17 (2) advocate for the minor's wishes to the extent reasonably 18 ascertainable; and 19 (3) if the minor's wishes are not reasonably ascertainable, advocate for 20 the best interest of the minor. 21 (d) A parent of a minor who is the subject of a proceeding under AS 13.29.010 22 may retain an attorney to represent the parent in the proceeding. 23 Sec. 13.29.025. Attendance and participation at hearing for appointment 24 of guardian for minor. (a) The court shall require a minor who is the subject of a 25 hearing under AS 13.29.015 to attend the hearing and allow the minor to participate in 26 the hearing unless the court determines, by clear and convincing evidence presented at 27 the hearing or a separate hearing, that 28 (1) the minor consistently and repeatedly refused to attend the hearing 29 after being fully informed of the right to attend and, if the minor is 12 years of age or 30 older, the potential consequences of failing to do so; 31 (2) there is no practicable way for the minor to attend the hearing;
01 (3) the minor lacks the ability or maturity to participate meaningfully 02 in the hearing; or 03 (4) attendance would be harmful to the minor. 04 (b) Unless excused by the court for good cause, the person proposed to be 05 appointed as guardian for a minor shall attend a hearing under AS 13.29.015. 06 (c) Each parent of a minor who is the subject of a hearing under AS 13.29.015 07 has the right to attend the hearing. 08 (d) A person may request permission to participate in a hearing under 09 13.29.015. The court may grant the request, with or without hearing, on determining 10 that it is in the best interest of the minor who is the subject of the hearing. The court 11 may impose appropriate conditions on the person's participation. 12 Sec. 13.29.030. Order of appointment; priority of nominee; limited 13 guardianship for minor. (a) After a hearing under AS 13.29.015, the court may 14 appoint a guardian for a minor if appointment is proper under AS 13.29.005, dismiss 15 the proceeding, or take other appropriate action consistent with state law. 16 (b) In appointing a guardian under (a) of this section, the following rules 17 apply: 18 (1) the court shall appoint a person nominated as guardian by a parent 19 of the minor in a will or other record unless the court finds the appointment is contrary 20 to the best interest of the minor; 21 (2) if multiple parents have nominated different persons to serve as 22 guardian, the court shall appoint the nominee whose appointment is in the best interest 23 of the minor, unless the court finds that appointment of the nominees is not in the best 24 interest of the minor; 25 (3) if a guardian is not appointed under (1) or (2) of this subsection, the 26 court shall appoint the person nominated by the minor if the minor is 12 years of age 27 or older unless the court finds that appointment is contrary to the best interest of the 28 minor; in that case, the court shall appoint as guardian a person whose appointment is 29 in the best interest of the minor. 30 (c) In the interest of maintaining or encouraging involvement by a minor's 31 parent in the minor's life, developing self-reliance of the minor, or for other good
01 cause, the court, at the time of appointment of a guardian for the minor or later, on its 02 own or on motion of the minor or another interested person, may create a limited 03 guardianship by limiting the powers otherwise granted to the guardian under 04 AS 13.29.005 - 13.29.055. Following the same procedure, the court may grant 05 additional powers or withdraw powers previously granted. 06 (d) The court, as part of an order appointing a guardian for a minor, shall state 07 rights retained by any parent of the minor, which may include contact or visitation 08 with the minor; decision making regarding the minor's health care, education, or other 09 matters; or access to a record regarding the minor. 10 (e) An order granting a guardianship for a minor must 11 (1) state that each parent of the minor is entitled to notice that 12 (A) the guardian has delegated custody of the minor subject to 13 guardianship; 14 (B) the court has modified or limited the powers of the 15 guardian; or 16 (C) the court has removed the guardian; and 17 (2) identify any person in addition to a parent of the minor who is 18 entitled to notice of the events listed in (1) of this subsection. 19 Sec. 13.29.035. Standby guardian for minor. (a) A standby guardian 20 appointed under this section may act as guardian, with all duties and powers of a 21 guardian under AS 13.29.045 and 13.29.050, if the minor does not have a parent 22 willing or able to exercise the duties and powers granted to the guardian. 23 (b) A parent of a minor, in a signed record, may nominate a person to be 24 appointed by the court as standby guardian for the minor. The parent, in a signed 25 record, may state desired limitations on the powers to be granted to the standby 26 guardian. The parent, in a signed record, may revoke or amend the nomination at any 27 time before the court appoints a standby guardian. 28 (c) The court may appoint a standby guardian for a minor on 29 (1) petition by a parent of the minor or a person nominated as a 30 standby guardian under (b) of this section; and 31 (2) finding that the minor does not have a parent who will likely be
01 able or willing to care for or make decisions with respect to the minor not later than 02 two years after the appointment. 03 (d) A petition under (c)(1) of this section must include the same information 04 required under AS 13.29.010 for the appointment of a guardian for a minor. 05 (e) On filing a petition under (c)(1) of this section, the petitioner shall 06 (1) serve a copy of the petition on 07 (A) the minor, if the minor is 12 years of age or older, and the 08 minor's attorney, if any; 09 (B) each parent of the minor; 10 (C) the person nominated as standby guardian; and 11 (D) any other person the court determines should receive a 12 copy; and 13 (2) include with the copy of the petition served under (1) of this 14 subsection a statement of the right to request appointment of an attorney for the minor 15 or to object to appointment of the standby guardian, and a description of the nature, 16 purpose, and consequences of appointment of a standby guardian. 17 (f) Not later than 60 days after service of the petition and statement, a person 18 entitled to notice under (e) of this section may object to appointment of the standby 19 guardian by filing an objection with the court and giving notice of the objection to any 20 other person entitled to notice under (e) of this section. 21 (g) If an objection is filed under (f) of this section, the court shall hold a 22 hearing to determine whether a standby guardian should be appointed and, if so, the 23 person that should be appointed. If no objection is filed, the court may make the 24 appointment. 25 (h) The court may not grant a petition for a standby guardian of the minor if 26 notice substantially complying with (e) of this section is not served on 27 (1) the minor, if the minor is 12 years of age or older; and 28 (2) each parent of the minor, unless the court finds by clear and 29 convincing evidence that the parent, in a record, waived the right to notice or cannot 30 be located and served with due diligence. 31 (i) If a petitioner is unable to serve notice under (e) of this section on a parent
01 of the minor or alleges that a parent of the minor waived the right to notice under this 02 section, the court shall appoint a visitor who shall 03 (1) interview the petitioner and the minor; 04 (2) if the petitioner alleges the parent cannot be located and served, 05 ascertain whether the parent cannot be located with due diligence; and 06 (3) investigate any other matter relating to the petition the court 07 directs. 08 (j) If the court finds under (c) of this section that a standby guardian should be 09 appointed, the following rules apply: 10 (1) the court shall appoint the person nominated under (b) of this 11 section unless the court finds the appointment is contrary to the best interest of the 12 minor; 13 (2) if the parents have nominated different persons to serve as standby 14 guardian, the court shall appoint the nominee whose appointment is in the best interest 15 of the minor, unless the court finds that appointment of the nominees is not in the best 16 interest of the minor. 17 (k) An order appointing a standby guardian under this section must state that 18 each parent of the minor is entitled to notice, and identify any other person entitled to 19 notice, if 20 (1) the standby guardian assumes the duties and powers of the 21 guardian; 22 (2) the guardian delegates custody of the minor; 23 (3) the court modifies or limits the powers of the guardian; or 24 (4) the court removes the guardian. 25 (l) Before assuming the duties and powers of a guardian, a standby guardian 26 must file with the court an acceptance of appointment as guardian and give notice of 27 the acceptance to 28 (1) each parent of the minor, unless the parent, in a record, waived the 29 right to notice or cannot be located and served with due diligence; 30 (2) the minor, if the minor is 12 years of age or older; and 31 (3) any person, other than the parent, having care or custody of the
01 minor. 02 (m) A person that receives notice under (l) of this section or any other person 03 interested in the welfare of the minor may file with the court an objection to the 04 standby guardian's assumption of duties and powers of a guardian. The court shall 05 hold a hearing if the objection supports a reasonable belief that the conditions for 06 assumption of duties and powers have not been satisfied. 07 Sec. 13.29.040. Emergency guardian for minor. (a) On its own, or on 08 petition by a person interested in a minor's welfare, the court may appoint an 09 emergency guardian for the minor if the court finds by clear and convincing evidence 10 that 11 (1) the appointment of an emergency guardian is likely to prevent an 12 imminent risk of substantial harm to the minor's health, safety, or welfare; and 13 (2) no other person appears to have authority and willingness to act in 14 the circumstances. 15 (b) A petition for appointment of an emergency guardian for a minor must 16 allege the facts that the petitioner believes meet the conditions for the appointment of 17 an emergency guardian under (a) of this section. 18 (c) The duration of authority of an emergency guardian for a minor may not 19 exceed 60 days and the emergency guardian may exercise only the powers specified in 20 the order of appointment. The emergency guardian's authority may be extended once 21 for not more than 60 days if the court finds that the conditions for appointment of an 22 emergency guardian in (a) of this section continue. 23 (d) Immediately on filing of a petition for appointment of an emergency 24 guardian for a minor, the court shall appoint an attorney to represent the minor in the 25 proceeding if the minor has not retained an attorney and appoint a visitor to investigate 26 matters relating to the petition the court directs. The parent of the minor may retain an 27 attorney to represent the parent in the proceeding. 28 (e) Except as otherwise provided in (f) of this section, reasonable notice of the 29 date, time, and place of a hearing on a petition for appointment of an emergency 30 guardian for a minor must be given to 31 (1) the minor, if the minor is 12 years of age or older;
01 (2) the minor's attorney; 02 (3) each attorney retained by a parent of the minor; 03 (4) each parent of the minor; 04 (5) any person, other than a parent, having care or custody of the 05 minor; 06 (6) the court visitor; 07 (7) the public guardian; and 08 (8) any other person the court determines should receive notice. 09 (f) The court may appoint an emergency guardian for a minor without notice 10 under (e) of this section and without a hearing only if the court finds that an affidavit 11 or testimony establishes clear and convincing evidence of an imminent risk that the 12 minor's health, safety, or welfare will be substantially harmed before a hearing with 13 notice on the appointment can be held. If the court appoints an emergency guardian 14 without giving notice under (e) of this section, notice of the appointment must be 15 given not later than 48 hours after the appointment to the individuals listed in (e) of 16 this section. Not later than five days after the appointment, the court shall hold a 17 hearing on the appropriateness of the appointment. 18 (g) Appointment of an emergency guardian under this section, with or without 19 notice, is not a determination that a basis exists for appointment of a guardian under 20 AS 13.29.005. 21 (h) The court may remove an emergency guardian appointed under this 22 section at any time. The emergency guardian shall make any report the court requires. 23 Sec. 13.29.045. Duties of guardian for minor. (a) A guardian for a minor is a 24 fiduciary. Except as otherwise limited by the court, a guardian for a minor has the 25 duties and responsibilities of a parent regarding the minor's support, care, education, 26 health, safety, and welfare. A guardian shall act in the best interest of the minor and 27 exercise reasonable care, diligence, and prudence. 28 (b) A guardian for a minor shall 29 (1) be personally acquainted with the minor and maintain sufficient 30 contact with the minor to know the minor's abilities, limitations, needs, opportunities, 31 and physical and mental health;
01 (2) take reasonable care of the personal effects of the minor and bring 02 a proceeding for a conservatorship or protective arrangement instead of 03 conservatorship if necessary to protect other property of the minor; 04 (3) expend funds of the minor that have been received by the guardian 05 for the minor's current needs for support, care, education, health, safety, and welfare; 06 (4) conserve any funds of the minor not expended under (3) of this 07 subsection for the future needs of the minor, but if a conservator is appointed for the 08 minor, the guardian shall pay the funds at least quarterly to the conservator to be 09 conserved for the future needs of the minor; 10 (5) report the condition of the minor and account for funds and other 11 property of the minor in the possession or subject to the control of the guardian, as 12 required by court rule or ordered by the court on application of a person interested in 13 the welfare of the minor; 14 (6) inform the court of any change in the dwelling or address of the 15 minor; and 16 (7) in determining what is in the best interest of the minor, take into 17 account the preferences of the minor to the extent actually known or reasonably 18 ascertainable by the guardian. 19 Sec. 13.29.050. Powers of guardian for minor. (a) Except as otherwise 20 limited by court order, a guardian of a minor has the powers a parent otherwise would 21 have regarding the support, care, education, health, safety, and welfare of the minor. 22 (b) Except as otherwise limited by court order, a guardian for a minor may 23 (1) apply for and receive funds and benefits otherwise payable for the 24 support of the minor to the parent, guardian, or custodian of the minor under a 25 statutory system of benefits or insurance or any private contract, devise, trust, 26 conservatorship, or custodianship; 27 (2) unless inconsistent with a court order entitled to recognition in this 28 state, take custody of the minor and establish the place of dwelling of the minor and, 29 on authorization of the court, establish or move the dwelling of the minor outside this 30 state; 31 (3) if the minor is not subject to conservatorship, commence a
01 proceeding, including an administrative proceeding, or take other appropriate action to 02 compel a person to support the minor or make a payment for the benefit of the minor; 03 (4) consent to health or other care, treatment, or service for the minor; 04 or 05 (5) to the extent reasonable, delegate to the minor responsibility for a 06 decision affecting the minor's well-being. 07 (c) The court may authorize a guardian for a minor to consent to the adoption 08 of the minor if the minor does not have a parent. 09 (d) A guardian for a minor may give consent to the marriage of the minor 10 under AS 25.05.171(b). 11 Sec. 13.29.055. Removal of guardian for minor; termination of a 12 guardianship; appointment of successor. (a) Guardianship for a minor under this 13 chapter terminates 14 (1) on the minor's death, adoption, emancipation, or attainment of 15 majority; or 16 (2) when the court finds that the standard for appointment of a 17 guardian under AS 13.29.005 is not satisfied, unless the court finds that 18 (A) termination of the guardianship would be harmful to the 19 minor; and 20 (B) the interest of the minor in the continuation of the 21 guardianship outweighs the interest of any parent of the minor in restoration of 22 the parent's right to make decisions for the minor. 23 (b) A minor subject to guardianship or a person interested in the welfare of the 24 minor may petition the court to terminate the guardianship, modify the guardianship, 25 remove the guardian and appoint a successor guardian, or remove a standby guardian 26 and appoint a different standby guardian. 27 (c) A petitioner under (b) of this section shall give notice of the hearing on the 28 petition to the minor, if the minor is 12 years of age or older and is not the petitioner, 29 the guardian for the minor, each parent of the minor, and any other person the court 30 determines. 31 (d) The court shall follow the priorities under AS 13.29.030(b) when selecting
01 a successor guardian for a minor. 02 (e) Not later than 30 days after appointment of a successor guardian for a 03 minor, the court shall give notice of the appointment to the minor, if the minor is 12 04 years of age or older, each parent of the minor, and any other person the court 05 determines. 06 (f) When terminating a guardianship for a minor under this section, the court 07 may issue an order providing for transitional arrangements that will assist the minor 08 with a transition of custody and is in the best interest of the minor. 09 (g) A guardian for a minor that is removed shall cooperate with a successor 10 guardian to facilitate transition of the guardian's responsibilities and protect the best 11 interest of the minor. 12 Article 2. Guardianship of Adult. 13 Sec. 13.29.060. Basis for appointment of guardian for adult. (a) On petition 14 and after notice and hearing, the court may 15 (1) appoint a guardian for an adult if the court finds by clear and 16 convincing evidence that 17 (A) the respondent lacks the ability to meet essential 18 requirements for physical health, safety, or self-care because the respondent is 19 unable to receive and evaluate information or make or communicate decisions, 20 even with appropriate supportive services, technological assistance, or 21 supported decision making; and 22 (B) the respondent's identified needs cannot be met by a 23 protective arrangement instead of guardianship or other less restrictive 24 alternative; or 25 (2) with appropriate findings, treat the petition as one for a 26 conservatorship under AS 13.29.155 - 13.29.315 or protective arrangement under 27 AS 13.29.320 - 13.29.375, issue any appropriate order, or dismiss the proceeding. 28 (b) The court shall grant a guardian appointed under (a) of this section only 29 those powers necessitated by the demonstrated needs and limitations of the respondent 30 and issue orders that will encourage development of the respondent's maximum self- 31 determination and independence. The court may not establish a full guardianship if a
01 limited guardianship, protective arrangement instead of guardianship, or other less 02 restrictive alternative would meet the needs of the respondent. 03 Sec. 13.29.065. Petition for appointment of guardian for adult. (a) A person 04 interested in an adult's welfare, including the adult for whom the order is sought, may 05 petition for appointment of a guardian for the adult. 06 (b) A petition under (a) of this section must state the petitioner's name, 07 principal residence, current street address, if different, relationship to the respondent, 08 interest in the appointment, the name and address of any attorney representing the 09 petitioner, and, to the extent known, 10 (1) the respondent's name, age, principal residence, current street 11 address, if different, and, if different, address of the dwelling in which it is proposed 12 the respondent will reside if the petition is granted; 13 (2) the name and address of the respondent's 14 (A) spouse or, if the respondent has none, an adult with whom 15 the respondent has shared household responsibilities for more than six months 16 in the 12-month period immediately before the filing of the petition; 17 (B) adult children or, if none, each parent and adult sibling of 18 the respondent, or, if none, at least one adult nearest in kinship to the 19 respondent who can be found with reasonable diligence; and 20 (C) adult stepchildren whom the respondent actively parented 21 during the stepchildren's minor years and with whom the respondent had an 22 ongoing relationship in the two-year period immediately before the filing of 23 the petition; 24 (3) the name and current address of each of the following, if 25 applicable: 26 (A) a person responsible for the care of the respondent; 27 (B) any attorney currently representing the respondent; 28 (C) any representative payee appointed by the United States 29 Social Security Administration for the respondent; 30 (D) a guardian or conservator acting for the respondent in this 31 state or in another jurisdiction;
01 (E) a trustee or custodian of a trust or custodianship of which 02 the respondent is a beneficiary; 03 (F) any fiduciary for the respondent appointed by the United 04 States Department of Veterans Affairs; 05 (G) an agent designated under a durable power of attorney for 06 health care under AS 13.52 in which the respondent is identified as the 07 principal; 08 (H) an agent designated under a power of attorney under 09 AS 13.26 in which the respondent is identified as the principal; 10 (I) a person nominated as guardian by the respondent; 11 (J) a person nominated as guardian by the parent or spouse of 12 the respondent in a will or other signed record; 13 (K) a proposed guardian and the reason the proposed guardian 14 should be selected; and 15 (L) a person known to have routinely assisted the respondent 16 with decision making during the six months immediately before the filing of 17 the petition; 18 (4) the reason a guardianship is necessary, including a brief description 19 of 20 (A) the nature and extent of the alleged need of the respondent; 21 (B) any protective arrangement instead of guardianship or other 22 less restrictive alternatives for meeting the alleged need of the respondent that 23 have been considered or implemented; 24 (C) if no protective arrangement instead of guardianship or 25 other less restrictive alternatives have been considered or implemented, the 26 reason they have not been considered or implemented; and 27 (D) the reason a protective arrangement instead of guardianship 28 or other less restrictive alternative is insufficient to meet the alleged need of 29 the respondent; 30 (5) whether the petitioner seeks a limited guardianship or full 31 guardianship;
01 (6) if the petitioner seeks a full guardianship, the reason a limited 02 guardianship or protective arrangement instead of guardianship is not appropriate; 03 (7) if a limited guardianship is requested, the powers to be granted to 04 the guardian; 05 (8) the name and current address, if known, of any person with whom 06 the petitioner seeks to limit the respondent's contact; 07 (9) if the respondent has property other than personal effects, a general 08 statement of the property of the respondent, with an estimate of its value, including 09 any insurance or pension, and the source and amount of other anticipated income or 10 receipts; and 11 (10) whether the respondent needs an interpreter, translator, or other 12 form of support to communicate effectively with the court or understand court 13 proceedings. 14 Sec. 13.29.070. Notice of hearing for appointment of guardian for adult. 15 (a) On filing of a petition for appointment of a guardian for an adult under 16 AS 13.29.065, the court shall set a date, time, and place for hearing the petition. 17 (b) A copy of a petition under AS 13.29.065 and notice of a hearing on the 18 petition must be served on the respondent. The notice must inform the respondent of 19 the respondent's rights at the hearing, including the right to an attorney and to attend 20 the hearing. The notice must include a description of the nature, purpose, and 21 consequences of granting the petition. The court may not grant the petition if notice 22 substantially complying with this subsection is not served on the respondent. 23 (c) In a proceeding on a petition under AS 13.29.065, the notice required 24 under (b) of this section must be given to the persons required to be listed in the 25 petition under AS 13.29.065(b)(1) - (3) and any other person the court determines is 26 interested in the welfare of the respondent. Failure to give notice under this subsection 27 does not preclude the court from appointing a guardian. 28 (d) After the appointment of a guardian, notice of a hearing on a petition for 29 an order under AS 13.29.060 - 13.29.150, together with a copy of the petition, must be 30 given to 31 (1) the adult subject to guardianship;
01 (2) the guardian; and 02 (3) any other person the court determines. 03 Sec. 13.29.075. Appointment and role of visitor; five-year report. (a) On 04 receipt of a petition under AS 13.29.065 for appointment of a guardian for an adult or 05 under AS 13.29.115 for appointment of an emergency guardian for an adult, the court 06 shall appoint a visitor. The visitor must be an individual with training or experience in 07 the type of abilities, limitations, and needs alleged in the petition. 08 (b) A visitor appointed under (a) of this section shall interview the respondent 09 in person and, in a manner the respondent is best able to understand, 10 (1) explain to the respondent the substance of the petition; the nature, 11 purpose, and effect of the proceeding; the rights of the respondent at the hearing on the 12 petition; and the general powers and duties of a guardian; 13 (2) determine the views of the respondent about the appointment 14 sought by the petitioner, including views about a proposed guardian, the proposed 15 powers and duties of the guardian, and the scope and duration of the proposed 16 guardianship; 17 (3) inform the respondent of the respondent's right to employ and 18 consult with an attorney at the respondent's expense and the right to request a court- 19 appointed attorney; and 20 (4) inform the respondent that all costs and expenses of the proceeding, 21 including the respondent's attorney fees, may be paid from the respondent's assets. 22 (c) The visitor appointed under (a) of this section shall 23 (1) interview the petitioner and proposed guardian, if any; 24 (2) visit the present dwelling of the respondent and any dwelling in 25 which it is reasonably believed the respondent will live if the appointment is made; 26 (3) obtain information from any physician or other person known to 27 have treated, advised, or assessed the relevant physical or mental condition of the 28 respondent; and 29 (4) investigate the allegations in the petition and any other matter 30 relating to the petition the court directs. 31 (d) A visitor appointed under (a) of this section shall promptly file a report in
01 a record with the court, which must include 02 (1) a recommendation of whether an attorney should be appointed to 03 represent the respondent; 04 (2) a summary of self-care and independent-living tasks the respondent 05 can manage without assistance or with existing supports, could manage with the 06 assistance of appropriate supportive services, technological assistance, or supported 07 decision making, and cannot manage; 08 (3) a recommendation regarding the appropriateness of guardianship, 09 including whether a protective arrangement instead of guardianship or other less 10 restrictive alternative for meeting the needs of the respondent is available and 11 (A) if a guardianship is recommended, whether it should be full 12 or limited; and 13 (B) if a limited guardianship is recommended, the powers to be 14 granted to the guardian; 15 (4) a statement of the qualifications of the proposed guardian and 16 whether the respondent approves or disapproves of the proposed guardian; 17 (5) a statement of whether the proposed dwelling meets the 18 respondent's needs and whether the respondent has expressed a preference as to 19 residence; 20 (6) a recommendation of whether a professional evaluation under 21 AS 13.29.085 is necessary; 22 (7) a statement of whether the respondent is able to attend a hearing at 23 the location where court proceedings typically are held; 24 (8) a statement of whether the respondent is able to participate in a 25 hearing and that identifies any technology or other form of support that would enhance 26 the ability of the respondent to participate; and 27 (9) any other matter the court directs. 28 (e) At least once every five years, the court shall appoint a visitor to file a 29 report that provides a review of the guardianship during the period since the 30 establishment of the guardianship or since the last report was filed, whichever is more 31 recent. The court may require an additional report under this subsection at any time.
01 The report must include 02 (1) the name and address of the guardian and the individual subject to 03 guardianship; 04 (2) the services being provided to the individual subject to 05 guardianship by or through the guardian; 06 (3) the significant actions taken by the guardian in regard to the 07 individual subject to guardianship during the reporting period; 08 (4) a financial accounting of the funds and other property that have 09 been subject to the possession or control of the guardian; 10 (5) a list of the number and nature of contacts between the guardian 11 and the individual subject to guardianship if the individual does not reside with the 12 guardian; 13 (6) a recommendation on the need for continued guardianship and any 14 recommended change in the scope of the guardianship, including whether the 15 individual's needs may be met by a protective arrangement instead of guardianship or 16 other less restrictive alternative; and 17 (7) any other information requested by the court or that the visitor 18 determines is necessary or desirable. 19 Sec. 13.29.080. Appointment and role of attorney for adult. (a) An adult 20 respondent who is the subject of a proceeding for the appointment of a guardian is 21 entitled to be represented by an attorney in the proceeding. The court shall appoint an 22 attorney to represent the respondent in the proceeding if the respondent has not 23 retained an attorney and 24 (1) the respondent requests an appointment; 25 (2) the visitor recommends an appointment; or 26 (3) the court determines the respondent needs representation. 27 (b) If a respondent who meets the conditions for appointment of an attorney 28 under (a) of this section is financially unable to employ an attorney, the court shall 29 appoint the office of public advocacy to represent the respondent in the proceeding. 30 (c) An attorney representing the respondent in a proceeding for appointment 31 of a guardian for an adult shall
01 (1) make reasonable efforts to ascertain the wishes of the respondent; 02 (2) advocate for the wishes of the respondent to the extent reasonably 03 ascertainable; and 04 (3) if the wishes of the respondent are not reasonably ascertainable, 05 advocate for the result that is the least restrictive in type, duration, and scope, 06 consistent with the interests of the respondent. 07 Sec. 13.29.085. Professional evaluation. (a) At or before a hearing on a 08 petition for a guardianship for an adult, the court shall order a professional evaluation 09 of the respondent 10 (1) if the respondent requests the evaluation; or 11 (2) in other cases, unless the court finds that it has sufficient 12 information to determine the needs and abilities of the respondent without the 13 evaluation. 14 (b) If the court orders an evaluation under (a) of this section, the respondent 15 must be examined by a licensed physician, psychologist, social worker, or other 16 individual appointed by the court who is qualified to evaluate the alleged cognitive 17 and functional abilities and limitations of the respondent and does not have a conflict 18 of interest. The individual conducting the evaluation shall promptly file a report in a 19 record with the court. Unless otherwise directed by the court, the report must contain 20 (1) a description of the nature, type, and extent of the cognitive and 21 functional abilities and limitations of the respondent; 22 (2) an evaluation of the respondent's mental and physical condition 23 and, if appropriate, educational potential, adaptive behavior, and social skills; 24 (3) a prognosis for improvement and recommendation for the 25 appropriate treatment, support, or habilitation plan; and 26 (4) the date of the examination on which the report is based. 27 (c) The respondent may decline to participate in an evaluation ordered under 28 (a) of this section. 29 Sec. 13.29.090. Attendance and rights at hearing. (a) Except as otherwise 30 provided in (b) of this section, a hearing under AS 13.29.070 may not proceed unless 31 the respondent attends the hearing. If it is not reasonably feasible for the respondent to
01 attend a hearing at the location where court proceedings typically are held, the court 02 shall make reasonable efforts to hold the hearing at an alternative location convenient 03 to the respondent or allow the respondent to attend the hearing using real-time 04 audiovisual technology. 05 (b) A hearing under AS 13.29.070 may proceed without the respondent in 06 attendance if the court finds by clear and convincing evidence that 07 (1) the respondent consistently and repeatedly has refused to attend the 08 hearing after having been fully informed of the right to attend and the potential 09 consequences of failing to do so; or 10 (2) there is no practicable way for the respondent to attend and 11 participate in the hearing even with appropriate supportive services and technological 12 assistance. 13 (c) The respondent has a right to choose an attorney to represent the 14 respondent at a hearing under AS 13.29.070. 15 (d) At a hearing held under AS 13.29.070, the respondent may 16 (1) present evidence and subpoena witnesses and documents; 17 (2) examine witnesses, including any court-appointed evaluator and 18 the visitor; and 19 (3) otherwise participate in the hearing. 20 (e) Unless excused by the court for good cause, a proposed guardian shall 21 attend a hearing under AS 13.29.070. 22 (f) The court shall close a hearing under AS 13.29.070 upon the respondent's 23 request and showing of good cause. 24 (g) Any person may request to participate in a hearing under AS 13.29.070. 25 The court may grant the request, with or without a hearing, on determining that the 26 best interest of the respondent will be served. The court may impose appropriate 27 conditions on the participation of the person. 28 Sec. 13.29.095. Confidentiality of records. (a) The existence of a proceeding 29 for or the existence of a guardianship for an adult is a matter of public record unless 30 the court seals the record after 31 (1) the respondent or individual subject to guardianship requests that
01 the record be sealed; and 02 (2) either 03 (A) the petition for guardianship is dismissed; or 04 (B) the guardianship is terminated. 05 (b) An adult subject to a proceeding for a guardianship, whether or not a 06 guardian is appointed, an attorney designated by the adult, and a person entitled to 07 notice under AS 13.29.105(e) or a subsequent order are entitled to access court records 08 of the proceeding and resulting guardianship, including the guardian's plan under 09 AS 13.29.135 and report under AS 13.29.140. A person not otherwise entitled to 10 access court records under this subsection for good cause may petition the court for 11 access to court records of the guardianship, including the report and plan of the 12 guardian. The court shall grant access if access is in the best interest of the respondent 13 or adult subject to guardianship or furthers the public interest and does not endanger 14 the welfare or financial interests of the adult. 15 (c) A report of a visitor under AS 13.29.075 or a professional evaluation under 16 AS 13.29.085 is confidential and must be sealed on filing, but is available to 17 (1) the court; 18 (2) the individual who is the subject of the report or evaluation, 19 without limitation as to use; 20 (3) the petitioner, visitor, and petitioner's and respondent's attorneys, 21 for purposes of the proceeding; 22 (4) unless the court orders otherwise, an agent appointed under a 23 durable power of attorney for health care under AS 13.52 or power of attorney under 24 AS 13.26 in which the respondent is the principal; and 25 (5) any other person if it is in the public interest or for a purpose the 26 court orders for good cause. 27 Sec. 13.29.100. Who may be guardian for adult; order of priority. (a) 28 Except as otherwise provided in (c) of this section, the court in appointing a guardian 29 for an adult shall consider persons qualified to be guardian in the following order of 30 priority: 31 (1) a guardian, other than a temporary or emergency guardian,
01 currently acting for the respondent in another jurisdiction; 02 (2) a person nominated as guardian by the respondent, including the 03 respondent's most recent nomination made in a power of attorney under AS 13.26; 04 (3) an agent appointed by the respondent under a durable power of 05 attorney for health care under AS 13.52; 06 (4) a spouse of the respondent; 07 (5) a family member or other individual who has shown special care 08 and concern for the respondent; 09 (6) a private professional guardian; and 10 (7) the public guardian. 11 (b) If two or more persons have equal priority under (a) of this section, the 12 court shall select as guardian the person the court considers best qualified. In 13 determining the best qualified person, the court shall consider the relationship of the 14 person with the respondent, the skills of the person, the expressed wishes of the 15 respondent, the extent to which the person and the respondent have similar values and 16 preferences, and the likelihood the person will be able to perform the duties of a 17 guardian successfully. 18 (c) If it is in the best interest of the respondent, the court may decline to 19 appoint as guardian a person having priority under (a) of this section and appoint a 20 person having a lower priority or no priority. 21 (d) A person that provides paid services to the respondent, or an individual 22 who is employed by a person that provides paid services to the respondent or is the 23 spouse, parent, or child of an individual who provides or is employed to provide paid 24 services to the respondent, may not be appointed as guardian unless 25 (1) the individual is related to the respondent by blood, marriage, or 26 adoption; or 27 (2) the court finds by clear and convincing evidence that the person is 28 the best qualified person available for appointment and the appointment is in the best 29 interest of the respondent. 30 (e) An owner, operator, or employee of a long-term care facility at which the 31 respondent is receiving care may not be appointed as guardian unless the owner,
01 operator, or employee is related to the respondent by blood, marriage, or adoption. 02 Sec. 13.29.105. Order of appointment for guardian. (a) A court order 03 appointing a guardian for an adult must 04 (1) include a specific finding that clear and convincing evidence 05 established that the identified needs of the respondent cannot be met by a protective 06 arrangement instead of guardianship or other less restrictive alternative, including use 07 of appropriate supportive services, technological assistance, or supported decision 08 making; 09 (2) include a specific finding that clear and convincing evidence 10 established that the respondent was given proper notice of the hearing on the petition; 11 (3) state whether the adult subject to guardianship retains the right to 12 vote and, if the adult does not retain the right to vote, include findings that support 13 removing that right, which must include a finding that the adult cannot communicate, 14 with or without support, a specific desire to participate in the voting process; and 15 (4) state whether the adult subject to guardianship retains the right to 16 marry and, if the adult does not retain the right to marry, include findings that support 17 removing that right. 18 (b) An adult subject to guardianship retains the right to vote unless the order 19 under (a) of this section includes the statement required under (a)(3) of this section. 20 An adult subject to guardianship retains the right to marry unless the order under (a) of 21 this section includes the findings required under (a)(4) of this section. 22 (c) A court order establishing a full guardianship for an adult must state the 23 basis for granting a full guardianship and include specific findings that support the 24 conclusion that a limited guardianship would not meet the functional needs of the 25 adult subject to guardianship. 26 (d) A court order establishing a limited guardianship for an adult must state 27 the specific powers granted to the guardian. 28 (e) The court, as part of an order establishing a guardianship for an adult, shall 29 identify any person that is entitled to 30 (1) notice of the rights of the adult under AS 13.29.110(b); 31 (2) notice of a change in the primary dwelling of the adult;
01 (3) notice that the guardian has delegated 02 (A) the power to manage the care of the adult; 03 (B) the power to make decisions about where the adult lives; 04 (C) the power to make major medical decisions on behalf of the 05 adult; 06 (D) a power that requires court approval under AS 13.29.130; 07 or 08 (E) substantially all powers of the guardian; 09 (4) notice that the guardian will be unavailable to visit the adult for 10 more than two months or unavailable to perform the guardian's duties for more than 11 one month; 12 (5) a copy of the plan of the guardian under AS 13.29.135 and the 13 report of the guardian under AS 13.29.140; 14 (6) access to court records relating to the guardianship; 15 (7) notice of the death or significant change in the condition of the 16 adult; 17 (8) notice that the court has limited or modified the powers of the 18 guardian; and 19 (9) notice of the removal of the guardian. 20 (f) A spouse and adult children of an adult subject to guardianship are entitled 21 to notice under (e) of this section unless the court determines notice would be contrary 22 to the preferences or prior directions of the adult subject to guardianship or not in the 23 best interest of the adult. 24 Sec. 13.29.110. Notice of order of appointment; rights. (a) A guardian 25 appointed under AS 13.29.060 shall give the adult subject to guardianship and all 26 other persons given notice under AS 13.29.070 a copy of the order of appointment, 27 together with notice of the right to request termination or modification. The order and 28 notice must be given not later than 14 days after the appointment. 29 (b) Not later than 30 days after appointment of a guardian under 30 AS 13.29.060, the court shall give to the adult subject to guardianship, the guardian, 31 and any other person entitled to notice under AS 13.29.105(e) or a subsequent order a
01 statement of the rights of the adult subject to guardianship and procedures to seek 02 relief if the adult is denied those rights. The statement must be in at least 16-point font, 03 in plain language, and, to the extent feasible, in a language in which the adult subject 04 to guardianship is proficient. The statement must notify the adult subject to 05 guardianship of the right to 06 (1) seek termination or modification of the guardianship or removal of 07 the guardian, and choose an attorney to represent the adult in these matters; 08 (2) be involved in decisions affecting the adult, including decisions 09 about the adult's care, dwelling, activities, or social interactions, to the extent 10 reasonably feasible; 11 (3) be involved in health care decision making to the extent reasonably 12 feasible; 13 (4) be supported in understanding the risks and benefits of health care 14 options to the extent reasonably feasible; 15 (5) be notified at least 14 days before a change in the adult's primary 16 dwelling or permanent move to a nursing home, mental health facility, or other facility 17 that places restrictions on the individual's ability to leave or have visitors unless the 18 change or move is proposed in the plan of the guardian under AS 13.29.135 or 19 authorized by the court by specific order; 20 (6) object to a change or move described in (5) of this subsection and 21 the process for objecting; 22 (7) communicate, visit, or interact with others, including receiving 23 visitors, and making or receiving telephone calls, personal mail, or electronic 24 communications, including through social media, unless 25 (A) the guardian has been authorized by the court by specific 26 order to restrict communications, visits, or interactions; 27 (B) a protective order or protective arrangement instead of 28 guardianship is in effect that limits contact between the adult and a person; or 29 (C) the guardian has good cause to believe restriction is 30 necessary because interaction with a specified person poses a risk of significant 31 physical, psychological, or financial harm to the adult, and the restriction is
01 (i) for a period of not more than seven business days if 02 the person has a family or pre-existing social relationship with the 03 adult; or 04 (ii) for a period of not more than 60 days if the person 05 does not have a family or pre-existing social relationship with the adult; 06 (8) receive a copy of the plan of the guardian under AS 13.29.135 and 07 the report of the guardian under AS 13.29.140; and 08 (9) object to the plan or report of the guardian. 09 Sec. 13.29.115. Emergency guardian for adult. (a) On its own after a petition 10 has been filed under AS 13.29.065, or on petition by a person interested in an adult's 11 welfare, the court may appoint an emergency guardian for the adult if the court finds 12 by clear and convincing evidence that 13 (1) the appointment of an emergency guardian is likely to prevent an 14 imminent risk of substantial harm to the adult's physical health, safety, or welfare; 15 (2) no other person appears to have authority and willingness to act in 16 the circumstances; and 17 (3) a basis for appointment of a guardian under AS 13.29.060 exists. 18 (b) A petition for appointment of an emergency guardian for an adult must 19 allege the facts that the petitioner believes meet the conditions for appointment of an 20 emergency guardian under (a) of this section. 21 (c) The duration of authority of an emergency guardian for an adult may not 22 exceed 60 days, and the emergency guardian may exercise only the powers specified 23 in the order of appointment. The authority of the emergency guardian may be 24 extended once for not more than 60 days if the court finds that the conditions for 25 appointment of an emergency guardian under (a) of this section continue. 26 (d) Immediately on filing of a petition for appointment of an emergency 27 guardian for an adult, the court shall appoint an attorney to represent the respondent in 28 the proceeding if the respondent has not retained an attorney and appoint a visitor 29 under AS 13.29.075. 30 (e) Except as otherwise provided in (f) of this section, reasonable notice of the 31 date, time, and place of a hearing on the petition must be given to
01 (1) the respondent; 02 (2) the respondent's attorney; 03 (3) the court visitor; 04 (4) the public guardian; and 05 (5) any other person the court determines. 06 (f) The court may appoint an emergency guardian for an adult without giving 07 notice under (e) of this section only if the court finds that an affidavit or testimony 08 establishes clear and convincing evidence of an imminent risk that the respondent's 09 physical health, safety, or welfare will be substantially harmed before a hearing with 10 notice on the appointment can be held. If the court appoints an emergency guardian 11 without giving notice under (e) of this section, notice of the appointment must be 12 given not later than 48 hours after the appointment to the individuals listed in (e) of 13 this section. Not later than five days after the appointment, the court shall hold a 14 hearing on the appropriateness of the appointment. 15 (g) Appointment of an emergency guardian under this section is not a 16 determination that a basis exists for appointment of a guardian under AS 13.29.060. 17 (h) The court may remove an emergency guardian appointed under this 18 section at any time. The emergency guardian shall make any report the court requires. 19 Sec. 13.29.120. Duties of guardian for adult. (a) A guardian for an adult is a 20 fiduciary. Except as otherwise limited by the court, a guardian for an adult shall make 21 decisions regarding the support, care, education, health, and welfare of the adult 22 subject to guardianship to the extent necessitated by the limitations of the adult. 23 (b) A guardian for an adult shall promote the self-determination of the adult 24 and, to the extent reasonably feasible, encourage the adult to participate in decisions, 25 act on the adult's own behalf, and develop or regain the capacity to manage the adult's 26 personal affairs. In furtherance of this duty, the guardian shall 27 (1) become or remain personally acquainted with the adult and 28 maintain sufficient contact with the adult, including through regular visitation, to 29 know the adult's abilities, limitations, needs, opportunities, and physical and mental 30 health; 31 (2) to the extent reasonably feasible, identify the values and
01 preferences of the adult and involve the adult in decisions affecting the adult, 02 including decisions about the adult's care, dwelling, activities, or social interactions; 03 and 04 (3) make reasonable efforts to identify and facilitate supportive 05 relationships and services for the adult. 06 (c) A guardian for an adult at all times shall exercise reasonable care, 07 diligence, and prudence when acting on behalf of or making decisions for the adult. In 08 furtherance of this duty, the guardian shall 09 (1) take reasonable care of the personal effects, pets, and service or 10 support animals of the adult and bring a proceeding for a conservatorship or protective 11 arrangement instead of conservatorship if necessary to protect the property of the 12 adult; 13 (2) expend funds and other property of the adult received by the 14 guardian for the adult's current needs for support, care, education, health, and welfare; 15 (3) conserve any funds and other property of the adult not expended 16 under (2) of this subsection for the future needs of the adult, but if a conservator has 17 been appointed for the adult, the guardian shall pay the funds and other property at 18 least quarterly to the conservator to be conserved for the future needs of the adult; and 19 (4) monitor the quality of services, including long-term care services, 20 provided to the adult. 21 (d) In making a decision for an adult subject to guardianship, the guardian 22 shall make the decision the guardian reasonably believes the adult would make if the 23 adult were able unless doing so would unreasonably harm or endanger the welfare or 24 personal or financial interests of the adult. To determine the decision the adult subject 25 to guardianship would make if able, the guardian shall consider the adult's previous or 26 current directions, preferences, opinions, values, and actions, to the extent actually 27 known or reasonably ascertainable by the guardian. 28 (e) If a guardian for an adult cannot make a decision under (d) of this section 29 because the guardian does not know and cannot reasonably determine the decision the 30 adult likely would make if able, or the guardian reasonably believes the decision the 31 adult would make would unreasonably harm or endanger the welfare or personal or
01 financial interests of the adult, the guardian shall act in accordance with the best 02 interest of the adult. In determining the best interest of the adult, the guardian shall 03 consider 04 (1) information received from professionals and persons that 05 demonstrate sufficient interest in the welfare of the adult; 06 (2) other information the guardian believes the adult would have 07 considered if the adult were able to act; and 08 (3) other factors a reasonable person in the circumstances of the adult 09 would consider, including consequences for others. 10 (f) A guardian for an adult shall immediately notify the court if the condition 11 of the adult has changed so that the adult is capable of exercising rights previously 12 removed. 13 Sec. 13.29.125. Powers of guardian for adult. (a) Except as limited by court 14 order, a guardian for an adult may 15 (1) apply for and receive funds and benefits for the support of the 16 adult, unless a conservator is appointed for the adult and the application or receipt is 17 within the powers of the conservator; 18 (2) unless inconsistent with a court order, establish the adult's place of 19 dwelling; 20 (3) consent to health or other care, treatment, or service for the adult; 21 (4) if a conservator for the adult has not been appointed, commence a 22 proceeding, including an administrative proceeding, or take other appropriate action to 23 compel another person to support the adult or pay funds for the benefit of the adult; 24 (5) to the extent reasonable, delegate to the adult responsibility for a 25 decision affecting the adult's well-being; and 26 (6) receive personally identifiable health care information regarding 27 the adult. 28 (b) The court by specific order may authorize a guardian for an adult to 29 consent to the adoption of the adult. In determining whether to authorize a power 30 under this subsection, the court shall consider whether the underlying act would be in 31 accordance with the preferences, values, and prior directions of the adult and whether
01 the underlying act would be in the best interest of the adult. 02 (c) In exercising a guardian's power to establish the place of dwelling of the 03 adult under (a)(2) of this section, the guardian shall 04 (1) select a residential setting the guardian believes the adult would 05 select if the adult were able, in accordance with the decision-making standard under 06 AS 13.29.120(d) and (e); if the guardian does not know and cannot reasonably 07 determine what setting the adult subject to guardianship would likely choose if able, or 08 the guardian reasonably believes the decision the adult would make would 09 unreasonably harm or endanger the welfare or personal or financial interests of the 10 adult, the guardian shall choose a residential setting that is consistent with the best 11 interest of the adult in accordance with AS 13.29.120(e); 12 (2) in selecting among residential settings, give priority to a residential 13 setting in a location that will allow the adult to interact with persons important to the 14 adult and meet the needs of the adult in the least restrictive manner reasonably feasible 15 unless to do so would be inconsistent with the decision-making standard in 16 AS 13.29.120(d) and (e); 17 (3) not later than 30 days after a change in the dwelling of the adult, 18 (A) give notice of the change to the court, the adult, and any 19 person identified as entitled to the notice in the court order appointing the 20 guardian or a subsequent order; and 21 (B) include in the notice the address and nature of the new 22 dwelling and state whether the adult received advance notice of the change and 23 whether the adult objected to the change; 24 (4) establish or move the permanent place of dwelling of the adult to a 25 nursing home, mental health facility, or other facility that places restrictions on the 26 adult's ability to leave or have visitors only if 27 (A) the establishment or move is in the plan of the guardian 28 under AS 13.29.135; 29 (B) the court authorizes the establishment or move; or 30 (C) the guardian gives notice of the establishment or move at 31 least 14 days before the establishment or move to the adult and all persons
01 entitled to notice under AS 13.29.105(e)(2) or a subsequent order, and no 02 objection is filed; 03 (5) establish or move the place of dwelling of the adult outside this 04 state only if consistent with the plan of the guardian and authorized by the court by 05 specific order; and 06 (6) take action that would result in the sale of the primary dwelling or 07 surrender of the rental agreement or lease to the primary dwelling of the adult only if 08 (A) the action is specifically included in the plan of the 09 guardian under AS 13.29.135; 10 (B) the court authorizes the action by specific order; or 11 (C) notice of the action was given at least 14 days before the 12 action to the adult and all persons entitled to the notice under 13 AS 13.29.105(e)(2) or a subsequent order and no objection has been filed. 14 (d) In exercising a guardian's power under (a)(3) of this section to make health 15 care decisions, the guardian shall 16 (1) involve the adult in decision making to the extent reasonably 17 feasible, including, when practicable, by encouraging and supporting the adult in 18 understanding the risks and benefits of health care options; 19 (2) defer to a decision by an agent under a durable power of attorney 20 for health care executed under AS 13.52 by the adult and cooperate to the extent 21 feasible with the agent making the decision; and 22 (3) take into account 23 (A) the risks and benefits of treatment options; and 24 (B) the current and previous wishes and values of the adult if 25 known or reasonably ascertainable by the guardian. 26 Sec. 13.29.130. Special limitations on guardian's power. (a) Unless 27 authorized by the court by specific order, a guardian for an adult does not have the 28 power to revoke or amend a durable power of attorney for health care under AS 13.52 29 or durable power of attorney under AS 13.26 executed by the adult. If a durable power 30 of attorney for health care under AS 13.52 is in effect, unless there is a court order to 31 the contrary, a health care decision of an agent takes precedence over that of the
01 guardian, and the guardian shall cooperate with the agent to the extent feasible. If a 02 durable power of attorney under AS 13.26 is in effect, unless there is a court order to 03 the contrary, a decision by the agent that the agent is authorized to make under the 04 power of attorney takes precedence over that of the guardian, and the guardian shall 05 cooperate with the agent to the extent feasible. 06 (b) A guardian for an adult may not initiate the commitment of the adult to a 07 mental health facility except in accordance with the procedure for involuntary 08 commitment under AS 47.30. 09 (c) A guardian for an adult may not restrict the ability of the adult to 10 communicate, visit, or interact with others, including receiving visitors and making or 11 receiving telephone calls, personal mail, or electronic communications, including 12 through social media, or participating in social activities, unless 13 (1) authorized by the court by specific order; 14 (2) a protective order or protective arrangement instead of 15 guardianship is in effect that limits contact between the adult and a person; or 16 (3) the guardian has good cause to believe restriction is necessary 17 because interaction with a specified person poses a risk of significant physical, 18 psychological, or financial harm to the adult and the restriction is for a period of not 19 more than 20 (A) seven business days if the person has a family or pre- 21 existing social relationship with the adult; or 22 (B) 60 days if the person does not have a family or pre-existing 23 social relationship with the adult. 24 (d) A guardian for an adult may not prohibit the marriage or divorce of the 25 adult if the adult retains the right to marry under AS 13.29.105. 26 Sec. 13.29.135. Guardian's plan. (a) A guardian for an adult shall file with 27 the court a plan for the care of the adult not later than 60 days after appointment, when 28 there is a significant change in circumstances, or when the guardian seeks to deviate 29 significantly from the guardian's plan. The plan must be based on the needs of the 30 adult and take into account the best interest of the adult as well as the adult's 31 preferences, values, and prior directions, to the extent known to or reasonably
01 ascertainable by the guardian. The guardian shall include in the plan 02 (1) the living arrangement, services, and supports the guardian expects 03 to arrange, facilitate, or continue for the adult; 04 (2) social and educational activities the guardian expects to facilitate 05 on behalf of the adult; 06 (3) any person with whom the adult has a close personal relationship or 07 relationship involving regular visitation and any plan the guardian has for facilitating 08 visits with the person; 09 (4) the anticipated nature and frequency of the guardian's visits and 10 communication with the adult; 11 (5) goals for the adult, including goals related to the restoration of the 12 rights of the adult and how the guardian anticipates achieving the goals; 13 (6) whether the adult has an existing plan and, if so, whether the plan 14 of the guardian is consistent with the plan of the adult; and 15 (7) a statement or list of the amount the guardian proposes to charge 16 for each service the guardian anticipates providing to the adult. 17 (b) A guardian shall give notice of the filing of the guardian's plan under (a) of 18 this section, together with a copy of the plan, to the adult subject to guardianship, a 19 person entitled to notice under AS 13.29.105(e) or a subsequent order, and any other 20 person the court determines. The notice must include a statement of the right to object 21 to the plan and be given not later than 14 days after the filing. 22 (c) An adult subject to guardianship and any person entitled under (b) of this 23 section to receive notice and a copy of the plan of the guardian may object to the plan. 24 (d) The court shall review the plan of the guardian filed under (a) of this 25 section and determine whether to approve the plan or require a new plan. In deciding 26 whether to approve the plan, the court shall consider an objection under (c) of this 27 section and whether the plan is consistent with the guardian's duties and powers under 28 AS 13.29.120 and 13.29.125. The court may not approve the plan until 30 days after 29 its filing. 30 (e) After the plan of the guardian filed under this section is approved by the 31 court, the guardian shall provide a copy of the plan to the adult subject to
01 guardianship, a person entitled to notice under AS 13.29.105(e) or a subsequent order, 02 and any other person the court determines. 03 Sec. 13.29.140. Guardian's report; monitoring of guardianship. (a) A 04 guardian for an adult, not later than 60 days after appointment and at least annually 05 thereafter, shall file with the court a report in a record regarding the condition of the 06 adult and accounting for funds and other property in the possession or subject to the 07 control of the guardian. 08 (b) A report under (a) of this section must state or contain 09 (1) the mental, physical, and social condition of the adult; 10 (2) the living arrangements of the adult during the reporting period; 11 (3) a summary of the supported decision making, technological 12 assistance, medical services, educational and vocational services, and other supports 13 and services provided to the adult and the guardian's opinion as to the adequacy of the 14 adult's care; 15 (4) a summary of the guardian's visits with the adult, including the 16 dates of the visits; 17 (5) action taken on behalf of the adult; 18 (6) the extent to which the adult has participated in decision making; 19 (7) if the adult is living in a mental health facility or living in a facility 20 that provides the adult with health care or other personal services, whether the 21 guardian considers the facility's current plan for support, care, treatment, or 22 habilitation consistent with the adult's preferences, values, prior directions, and best 23 interest; 24 (8) anything of more than minimal value that the guardian, any 25 individual who resides with the guardian, or the spouse, parent, child, or sibling of the 26 guardian has received from an individual providing goods or services to the adult; 27 (9) if the guardian delegated a power to an agent, the power delegated 28 and the reason for the delegation; 29 (10) any business relation the guardian has with a person the guardian 30 has paid or that has benefited from the property of the adult; 31 (11) a copy of the guardian's most recently approved plan under
01 AS 13.29.135 and a statement whether the guardian has deviated from the plan and, if 02 so, how the guardian has deviated and why; 03 (12) plans for future care and support of the adult; 04 (13) a recommendation as to the need for continued guardianship and 05 any recommended change in the scope of the guardianship; and 06 (14) whether any co-guardian or successor guardian appointed to serve 07 when a designated event occurs is alive and able to serve. 08 (c) The court may appoint a visitor to review a report submitted under this 09 section or a plan of a guardian submitted under AS 13.29.135, interview the guardian 10 or adult subject to guardianship, or investigate any other matter involving the 11 guardianship. 12 (d) Notice of the filing under this section of a guardian's report, together with 13 a copy of the report, must be given to the adult subject to guardianship, a person 14 entitled to notice under AS 13.29.105(e) or a subsequent order, and any other person 15 the court determines. The notice and report must be given not later than 14 days after 16 the filing. 17 (e) The court shall establish procedures for monitoring a report submitted 18 under this section and review each report at least annually to determine whether 19 (1) the report provides sufficient information to establish the guardian 20 has complied with the duties of the guardian; 21 (2) the guardianship should continue; and 22 (3) the guardian's requested fees, if any, should be approved. 23 (f) If the court determines there is reason to believe a guardian for an adult has 24 not complied with the duties of the guardian or the guardianship should be modified or 25 terminated, the court 26 (1) shall notify the adult, the guardian, and any other person entitled to 27 notice under AS 13.29.105(e) or a subsequent order; 28 (2) may require additional information from the guardian; 29 (3) may appoint a visitor to interview the adult or guardian or 30 investigate any matter involving the guardianship; and 31 (4) consistent with AS 13.29.145 and 13.29.150, may hold a hearing to
01 consider removal of the guardian, termination of the guardianship, or a change in the 02 powers granted to the guardian or terms of the guardianship. 03 (g) If the court has reason to believe fees requested by a guardian for an adult 04 are not reasonable, the court shall hold a hearing to determine whether to adjust the 05 requested fees. 06 (h) A guardian for an adult may petition the court for approval of a report filed 07 under this section. The court after review may approve the report. If the court 08 approves the report, there is a rebuttable presumption the report is accurate as to a 09 matter adequately disclosed in the report. 10 Sec. 13.29.145. Removal of guardian for adult; appointment of successor. 11 (a) The court may remove a guardian for an adult for failure to perform the duties of 12 the guardian or for other good cause and appoint a successor guardian to assume the 13 duties of guardian. 14 (b) The court shall hold a hearing to determine whether to remove a guardian 15 for an adult and appoint a successor guardian on 16 (1) petition of the adult, guardian, or person interested in the welfare of 17 the adult, which contains allegations that, if true, would support a reasonable belief 18 that removal of the guardian and appointment of a successor guardian may be 19 appropriate, but the court may decline to hold a hearing if a petition based on the same 20 or substantially similar facts was filed during the preceding six months; 21 (2) communication from the adult, guardian, or person interested in the 22 welfare of the adult which supports a reasonable belief that removal of the guardian 23 and appointment of a successor guardian may be appropriate; or 24 (3) determination by the court that a hearing would be in the best 25 interest of the adult. 26 (c) Notice of a petition under (b)(1) of this section must be given to the adult 27 subject to guardianship, the guardian, and any other person the court determines. 28 (d) An adult subject to guardianship who seeks to remove the guardian and 29 have a successor guardian appointed has the right to choose an attorney to represent 30 the adult in this matter. If the adult is not represented by an attorney, the court shall 31 appoint an attorney under the same conditions in AS 13.29.080. The court shall award
01 reasonable attorney fees to the attorney for the adult as provided in AS 13.29.490. 02 (e) In selecting a successor guardian for an adult, the court shall follow the 03 priorities under AS 13.29.100. 04 (f) Not later than 30 days after appointing a successor guardian, the court shall 05 give notice of the appointment to the adult subject to guardianship and any person 06 entitled to notice under AS 13.29.105(e) or a subsequent order. 07 Sec. 13.29.150. Termination or modification of guardianship for adult. (a) 08 An adult subject to guardianship, the guardian for the adult, or a person interested in 09 the welfare of the adult may petition for 10 (1) termination of the guardianship on the ground that a basis for 11 appointment under AS 13.29.060 does not exist or termination would be in the best 12 interest of the adult or for other good cause; or 13 (2) modification of the guardianship on the ground that the extent of 14 protection or assistance granted is not appropriate or for other good cause. 15 (b) The court shall hold a hearing to determine whether termination or 16 modification of a guardianship for an adult is appropriate on 17 (1) petition under (a) of this section which contains allegations that, if 18 true, would support a reasonable belief that termination or modification of the 19 guardianship may be appropriate, but the court may decline to hold a hearing if a 20 petition based on the same or substantially similar facts was filed during the preceding 21 six months; 22 (2) communication from the adult, guardian, or person interested in the 23 welfare of the adult which supports a reasonable belief that termination or 24 modification of the guardianship may be appropriate, including because the functional 25 needs of the adult or supports or services available to the adult have changed; 26 (3) a report from a guardian or conservator which indicates that 27 termination or modification may be appropriate because the functional needs of the 28 adult or supports or services available to the adult have changed or a protective 29 arrangement instead of guardianship or other less restrictive alternative for meeting the 30 needs of the adult is available; or 31 (4) a determination by the court that a hearing would be in the best
01 interest of the adult. 02 (c) Notice of a petition under (b)(1) of this section must be given to the adult 03 subject to guardianship, the guardian, and any other person the court determines. 04 (d) On presentation of prima facie evidence for termination of a guardianship 05 for an adult, the court shall order termination unless it is proven that a basis for 06 appointment of a guardian under AS 13.29.060 exists. 07 (e) The court shall modify the powers granted to a guardian for an adult if the 08 powers are excessive or inadequate because of a change in the abilities or limitations 09 of the adult, the supports of the adult, or other circumstances. 10 (f) Unless the court otherwise orders for good cause, before terminating or 11 modifying a guardianship for an adult, the court shall follow the same procedures that 12 apply to a petition for guardianship to safeguard the rights of the adult. 13 (g) An adult subject to guardianship who seeks to terminate or modify the 14 terms of the guardianship has the right to choose an attorney to represent the adult in 15 the matter. If the adult is not represented by an attorney, the court shall appoint an 16 attorney under the same conditions as in AS 13.29.080. The court shall award 17 reasonable attorney fees to the attorney for the adult as provided in AS 13.29.490. 18 Article 3. Conservatorship. 19 Sec. 13.29.155. Basis for appointment of conservator. (a) On petition and 20 after notice and hearing, the court may appoint a conservator for the property or 21 financial affairs of a minor if the court finds by a preponderance of evidence that 22 (1) appointment of a conservator is in the best interest of the minor; if 23 the minor has a parent, the court shall give weight to any recommendation of the 24 parent on whether an appointment is in the best interest of the minor; and 25 (2) one of the following applies: 26 (A) the minor owns funds or other property requiring 27 management or protection that otherwise cannot be provided; 28 (B) the minor has or may have financial affairs that may be put 29 at unreasonable risk or hindered because of the age of the minor; or 30 (C) appointment is necessary or desirable to obtain or provide 31 funds or other property needed for the support, care, education, health, or
01 welfare of the minor. 02 (b) On petition and after notice and hearing, the court may appoint a 03 conservator for the property or financial affairs of an adult if the court finds by clear 04 and convincing evidence that 05 (1) the adult is unable to manage property or financial affairs because 06 (A) of a limitation in the ability of the adult to receive and 07 evaluate information or make or communicate decisions, even with the use of 08 appropriate supportive services, technological assistance, or supported decision 09 making; or 10 (B) the adult is missing, detained, or unable to return to the 11 United States; 12 (2) appointment is necessary to 13 (A) avoid harm to the adult or significant dissipation of the 14 property of the adult; or 15 (B) obtain or provide funds or other property needed for the 16 support, care, education, health, or welfare of the adult or of an individual 17 entitled to the support of the adult; and 18 (3) the respondent's identified needs cannot be met by a protective 19 arrangement instead of conservatorship or other less restrictive alternative. 20 (c) The court shall grant a conservator only those powers necessitated by 21 demonstrated limitations and needs of the respondent and issue orders that will 22 encourage development of the maximum self-determination and independence of the 23 respondent. The court may not establish a full conservatorship if a limited 24 conservatorship, protective arrangement instead of conservatorship, or other less 25 restrictive alternative would meet the needs of the respondent. 26 Sec. 13.29.160. Petition for appointment of conservator. (a) The following 27 may petition for the appointment of a conservator: 28 (1) the individual for whom the order is sought; 29 (2) a person interested in the estate, financial affairs, or welfare of the 30 individual, including a person that would be adversely affected by lack of effective 31 management of property or financial affairs of the individual; or
01 (3) the guardian for the individual. 02 (b) A petition under (a) of this section must state the petitioner's name, 03 principal residence, current street address, if different, relationship to the respondent, 04 interest in the appointment, the name and address of any attorney representing the 05 petitioner, and, to the extent known, the following: 06 (1) the respondent's name, age, principal residence, current street 07 address, if different, and, if different, address of the dwelling in which it is proposed 08 the respondent will reside if the petition is granted; 09 (2) the name and address of the respondent's 10 (A) spouse or, if the respondent has none, an adult with whom 11 the respondent has shared household responsibilities for more than six months 12 in the 12-month period before the filing of the petition; 13 (B) adult children or, if none, each parent and adult sibling of 14 the respondent, or, if none, at least one adult nearest in kinship to the 15 respondent who can be found with reasonable diligence; and 16 (C) adult stepchildren whom the respondent actively parented 17 during the stepchildren's minor years and with whom the respondent had an 18 ongoing relationship during the two years immediately before the filing of the 19 petition; 20 (3) the name and current address of each of the following, if 21 applicable: 22 (A) a person responsible for the care or custody of the 23 respondent; 24 (B) any attorney currently representing the respondent; 25 (C) the representative payee appointed by the United States 26 Social Security Administration for the respondent; 27 (D) a guardian or conservator acting for the respondent in this 28 state or another jurisdiction; 29 (E) a trustee or custodian of a trust or custodianship of which 30 the respondent is a beneficiary; 31 (F) the fiduciary appointed for the respondent by the United
01 States Department of Veterans Affairs; 02 (G) an agent designated under a durable power of attorney for 03 health care under AS 13.52 in which the respondent is identified as the 04 principal; 05 (H) an agent designated under a power of attorney under 06 AS 13.26 in which the respondent is identified as the principal; 07 (I) a person known to have routinely assisted the respondent 08 with decision making in the six-month period immediately before the filing of 09 the petition; 10 (J) any proposed conservator, including a person nominated by 11 the respondent, if the respondent is 12 years of age or older; and 12 (K) if the individual for whom a conservator is sought is a 13 minor 14 (i) an adult not otherwise listed with whom the minor 15 resides; and 16 (ii) each person not otherwise listed that had primary 17 care or custody of the minor for at least 60 days during the two years 18 immediately before the filing of the petition or for at least 730 days 19 during the five years immediately before the filing of the petition; 20 (4) a general statement of the property of the respondent with an 21 estimate of its value, including any insurance or pension, and the source and amount 22 of other anticipated income or receipts; 23 (5) the reason conservatorship is necessary, including a brief 24 description of 25 (A) the nature and extent of the alleged need of the respondent; 26 (B) if the petition alleges the respondent is missing, detained, 27 or unable to return to the United States, the relevant circumstances, including 28 the time and nature of the disappearance or detention and any search or inquiry 29 concerning the whereabouts of the respondent; 30 (C) any protective arrangement instead of conservatorship or 31 other less restrictive alternative for meeting the alleged need of the respondent
01 which has been considered or implemented; 02 (D) if no protective arrangement or other less restrictive 03 alternatives have been considered or implemented, the reason it has not been 04 considered or implemented; and 05 (E) the reason a protective arrangement or other less restrictive 06 alternative is insufficient to meet the need of the respondent; 07 (6) whether the petitioner seeks a limited conservatorship or a full 08 conservatorship; 09 (7) if the petitioner seeks a full conservatorship, the reason a limited 10 conservatorship or protective arrangement instead of conservatorship is not 11 appropriate; 12 (8) if the petition includes the name of a proposed conservator, the 13 reason the proposed conservator should be appointed; 14 (9) if the petition is for a limited conservatorship, a description of the 15 property to be placed under the control of the conservator and any requested limitation 16 on the authority of the conservator; 17 (10) whether the respondent needs an interpreter, translator, or other 18 form of support to communicate effectively with the court or understand court 19 proceedings; and 20 (11) the name and address of an attorney representing the petitioner, if 21 any. 22 Sec. 13.29.165. Notice and hearing for appointment of conservator. (a) On 23 filing of a petition under AS 13.29.160 for appointment of a conservator, the court 24 shall set a date, time, and place for a hearing on the petition. 25 (b) A copy of a petition under AS 13.29.160 and notice of a hearing on the 26 petition must be served on the respondent. The notice must inform the respondent of 27 the respondent's rights at the hearing, including the right to an attorney and to attend 28 the hearing. The notice must include a description of the nature, purpose, and 29 consequences of granting the petition. The court may not grant a petition for 30 appointment of a conservator if notice substantially complying with this subsection is 31 not served on the respondent. For good cause shown, the court may also authorize
01 alternative methods of service. 02 (c) In a proceeding on a petition under AS 13.29.160, the notice required 03 under (b) of this section must be given to the persons required to be listed in the 04 petition under AS 13.29.160(b)(1) - (3) and any other person the court determines is 05 interested in the welfare of the respondent. Failure to give notice under this subsection 06 does not preclude the court from appointing a conservator. 07 (d) After the appointment of a conservator, notice of a hearing on a petition 08 for an order under AS 13.29.155 - 13.29.315, together with a copy of the petition, 09 must be given to 10 (1) the individual subject to conservatorship, if the individual is 12 11 years of age or older and not missing, detained, or unable to return to the United 12 States; 13 (2) the conservator; and 14 (3) any other person the court determines. 15 Sec. 13.29.170. Order to preserve or apply property while proceeding 16 pending. While a petition under AS 13.29.160 is pending, after preliminary hearing 17 and without notice to others, the court may issue an order to preserve and apply 18 property of the respondent as required for the support of the respondent or an 19 individual who is in fact dependent on the respondent. The court may appoint a master 20 to assist in implementing the order. 21 Sec. 13.29.175. Appointment and role of visitor; five-year report. (a) If the 22 respondent in a proceeding to appoint a conservator or emergency conservator is a 23 minor, the court may appoint a visitor to investigate a matter related to the petition or 24 inform the minor or a parent of the minor about the petition or a related matter. 25 (b) If the respondent in a proceeding to appoint a conservator or emergency 26 conservator is an adult, the court shall appoint a visitor. The duties and reporting 27 requirements of the visitor are limited to the relief requested in the petition. The visitor 28 must be an individual with training or experience in the type of abilities, limitations, 29 and needs alleged in the petition. 30 (c) A visitor appointed under (b) of this section for an adult shall interview the 31 respondent in person and, in a manner the respondent is best able to understand,
01 (1) explain to the respondent the substance of the petition, the nature, 02 purpose, and effect of the proceeding, the rights of the respondent at the hearing on the 03 petition, and the general powers and duties of a conservator; 04 (2) determine the respondent's views about the appointment sought by 05 the petitioner, including views about a proposed conservator, the conservator's 06 proposed powers and duties, and the scope and duration of the proposed 07 conservatorship; 08 (3) inform the respondent of the respondent's right to employ and 09 consult with an attorney at the respondent's expense and the right to request a court- 10 appointed attorney; and 11 (4) inform the respondent that all costs and expenses of the proceeding, 12 including attorney fees of the respondent, may be paid from the respondent's assets. 13 (d) A visitor appointed under (b) of this section for an adult shall 14 (1) interview the petitioner and proposed conservator, if any; 15 (2) review financial records of the respondent, if relevant to the 16 recommendation of the visitor under (e)(2) of this section; 17 (3) investigate whether the needs of the respondent could be met by a 18 protective arrangement instead of conservatorship or other less restrictive alternative 19 and, if so, identify the arrangement or other less restrictive alternative; and 20 (4) investigate the allegations in the petition and any other matter 21 relating to the petition the court directs. 22 (e) A visitor appointed under (b) of this section for an adult shall promptly file 23 a report in a record with the court, which must include 24 (1) a recommendation whether an attorney should be appointed to 25 represent the respondent; 26 (2) a recommendation 27 (A) regarding the appropriateness of conservatorship, or 28 whether a protective arrangement instead of conservatorship or other less 29 restrictive alternative for meeting the needs of the respondent is available; 30 (B) if a conservatorship is recommended, whether it should be 31 full or limited; and
01 (C) if a limited conservatorship is recommended, the powers to 02 be granted to the conservator, and the property that should be placed under the 03 control of the conservator; 04 (3) a statement of the qualifications of the proposed conservator and 05 whether the respondent approves or disapproves of the proposed conservator; 06 (4) a recommendation whether a professional evaluation under 07 AS 13.29.185 is necessary; 08 (5) a statement whether the respondent is able to attend a hearing at the 09 location where court proceedings typically are held; 10 (6) a statement whether the respondent is able to participate in a 11 hearing and which identifies any technology or other form of support that would 12 enhance the ability of the respondent to participate; and 13 (7) any other matter the court directs. 14 (f) At least once every five years, the court shall appoint a visitor to file a 15 report that provides a review of the conservatorship during the period since the 16 establishment of the conservatorship or since the last report was filed, whichever is 17 more recent. The court may require an additional report under this subsection at any 18 time. The report must include 19 (1) the name and address of the conservator and the individual subject 20 to conservatorship; 21 (2) the services being provided to the individual subject to 22 conservatorship by or through the conservator; 23 (3) the significant actions taken by the conservator in regard to the 24 individual subject to conservatorship during the reporting period; 25 (4) a financial accounting of the conservatorship estate that has been 26 subject to the possession or control of the conservator; 27 (5) a list of the number and nature of contacts between the conservator 28 and the individual subject to conservatorship if the individual does not reside with the 29 conservator; 30 (6) a recommendation on the need for continued conservatorship and 31 any recommended change in the scope of the conservatorship, including whether the
01 individual's needs may be met by a protective arrangement instead of conservatorship 02 or other less restrictive alternative; and 03 (7) any other information requested by the court or that the visitor 04 determines is necessary or desirable. 05 Sec. 13.29.180. Appointment and role of attorney. (a) A respondent who is 06 the subject of a proceeding for the appointment of a conservator is entitled to be 07 represented by an attorney in the proceeding. If the respondent has not retained an 08 attorney, the court shall appoint an attorney to represent the respondent in the 09 proceeding. If the respondent is financially unable to employ an attorney, the court 10 shall appoint the office of public advocacy to represent the respondent in the 11 proceeding. 12 (b) An attorney representing the respondent in a proceeding for appointment 13 of a conservator shall 14 (1) make reasonable efforts to ascertain the wishes of the respondent; 15 (2) advocate for the wishes of the respondent to the extent reasonably 16 ascertainable; and 17 (3) if the wishes of the respondent are not reasonably ascertainable, 18 advocate for the result that is the least restrictive in type, duration, and scope, 19 consistent with the respondent's interests. 20 Sec. 13.29.185. Professional evaluation. (a) At or before a hearing on a 21 petition for conservatorship for an adult, the court shall order a professional evaluation 22 of the respondent 23 (1) if the respondent requests the evaluation; or 24 (2) in other cases, unless the court finds it has sufficient information to 25 determine the needs and abilities of the respondent without the evaluation. 26 (b) If the court orders an evaluation under (a) of this section, the respondent 27 must be examined by a licensed physician, psychologist, social worker, or other 28 individual appointed by the court who is qualified to evaluate the respondent's alleged 29 cognitive and functional abilities and limitations and does not have a conflict of 30 interest. The individual conducting the evaluation promptly shall file a report in a 31 record with the court. Unless otherwise directed by the court, the report must contain
01 (1) a description of the nature, type, and extent of the respondent's 02 cognitive and functional abilities and limitations with regard to the management of the 03 property and financial affairs of the respondent; 04 (2) an evaluation of the respondent's mental and physical condition 05 and, if appropriate, educational potential, adaptive behavior, and social skills; 06 (3) a prognosis for improvement with regard to the ability to manage 07 the respondent's property and financial affairs; and 08 (4) the date of the examination on which the report is based. 09 (c) A respondent may decline to participate in an evaluation ordered under (a) 10 of this section. 11 Sec. 13.29.190. Attendance and rights at hearing. (a) Except as otherwise 12 provided in (b) of this section, a hearing under AS 13.29.165 may not proceed unless 13 the respondent attends the hearing. If it is not reasonably feasible for the respondent to 14 attend a hearing at the location where court proceedings typically are held, the court 15 shall make reasonable efforts to hold the hearing at an alternative location convenient 16 to the respondent or allow the respondent to attend the hearing using real-time 17 audiovisual technology. 18 (b) A hearing under AS 13.29.165 may proceed without the respondent in 19 attendance if the court finds by clear and convincing evidence that 20 (1) the respondent consistently and repeatedly has refused to attend the 21 hearing after having been fully informed of the right to attend and the potential 22 consequences of failing to do so; 23 (2) there is no practicable way for the respondent to attend and 24 participate in the hearing even with appropriate supportive services or technological 25 assistance; or 26 (3) the respondent is a minor who has received proper notice and 27 attendance would be harmful to the minor. 28 (c) The respondent has a right to choose an attorney to represent the 29 respondent at a hearing under AS 13.29.165. 30 (d) At a hearing under AS 13.29.165, the respondent may 31 (1) present evidence and subpoena witnesses and documents;
01 (2) examine witnesses, including any court-appointed evaluator and 02 the visitor; and 03 (3) otherwise participate in the hearing. 04 (e) Unless excused by the court for good cause, a proposed conservator shall 05 attend a hearing under AS 13.29.165. 06 (f) A hearing under AS 13.29.165 must be closed on request of the respondent 07 and a showing of good cause. 08 (g) Any person may request to participate in a hearing under AS 13.29.165. 09 The court may grant the request, with or without a hearing, on determining that the 10 best interest of the respondent will be served. The court may impose appropriate 11 conditions on the person's participation. 12 Sec. 13.29.195. Confidentiality of records. (a) The existence of a proceeding 13 for or the existence of conservatorship is a matter of public record unless the court 14 seals the record after 15 (1) the respondent, the individual subject to conservatorship, or the 16 parent of a minor subject to conservatorship requests that the record be sealed; and 17 (2) either 18 (A) the petition for conservatorship is dismissed; or 19 (B) the conservatorship is terminated. 20 (b) An individual subject to a proceeding for a conservatorship, whether or not 21 a conservator is appointed, an attorney designated by the individual, and a person 22 entitled to notice under AS 13.29.205(e) or a subsequent order may access court 23 records of the proceeding and resulting conservatorship, including the plan of the 24 conservator under AS 13.29.245 and the report of the conservator under AS 13.29.265. 25 A person not otherwise entitled to access court records under this section for good 26 cause may petition the court for access to court records of the conservatorship, 27 including the plan and report of the conservator. The court shall grant access if access 28 is in the best interest of the respondent or individual subject to conservatorship or 29 furthers the public interest and does not endanger the welfare or financial interests of 30 the respondent or individual. 31 (c) A report of a visitor under AS 13.29.175 or professional evaluation under
01 AS 13.29.185 is confidential and must be sealed on filing, but is available to 02 (1) the court; 03 (2) the individual who is the subject of the report or evaluation, 04 without limitation as to use; 05 (3) the petitioner, visitor, and petitioner's and respondent's attorneys, 06 for purposes of the proceeding; 07 (4) unless the court directs otherwise, an agent appointed under a 08 power of attorney under AS 13.26 in which the respondent is identified as the 09 principal; and 10 (5) any other person if it is in the public interest or for a purpose the 11 court orders for good cause. 12 Sec. 13.29.200. Who may be conservator; order of priority. (a) Except as 13 otherwise provided in (c) of this section, the court in appointing a conservator shall 14 consider persons qualified to be a conservator in the following order of priority: 15 (1) a conservator, other than a temporary or emergency conservator, 16 currently acting for the respondent in another jurisdiction; 17 (2) a person nominated as conservator by the respondent, including the 18 respondent's most recent nomination made in a power of attorney under AS 13.26; 19 (3) an agent appointed by the respondent to manage the respondent's 20 property under a power of attorney under AS 13.26; 21 (4) a spouse of the respondent; 22 (5) a family member or other individual who has shown special care 23 and concern for the respondent; 24 (6) a private professional conservator; and 25 (7) the public guardian. 26 (b) If two or more persons have equal priority under (a) of this section, the 27 court shall select as conservator the person the court considers best qualified. In 28 determining the best qualified person, the court shall consider the person's relationship 29 with the respondent, the person's skills, the expressed wishes of the respondent, the 30 extent to which the person and the respondent have similar values and preferences, 31 and the likelihood the person will be able to perform the duties of a conservator
01 successfully. 02 (c) If it is in the best interest of the respondent, the court may decline to 03 appoint as conservator a person having priority under (a) of this section and appoint a 04 person having a lower priority or no priority. 05 (d) A person that provides paid services to the respondent, or an individual 06 who is employed by a person that provides paid services to the respondent or is the 07 spouse, parent, or child of an individual who provides or is employed to provide paid 08 services to the respondent, may not be appointed as conservator unless 09 (1) the individual is related to the respondent by blood, marriage, or 10 adoption; or 11 (2) the court finds by clear and convincing evidence that the person is 12 the best qualified person available for appointment and the appointment is in the best 13 interest of the respondent. 14 (e) An owner, operator, or employee of a long-term care facility at which the 15 respondent is receiving care may not be appointed as conservator unless the owner, 16 operator, or employee is related to the respondent by blood, marriage, or adoption. 17 Sec. 13.29.205. Order of appointment of conservator. (a) A court order 18 appointing a conservator for a minor must include findings to support appointment of 19 a conservator and, if a full conservatorship is granted, the reason a limited 20 conservatorship would not meet the identified needs of the minor. 21 (b) A court order appointing a conservator for an adult must include a specific 22 finding that clear and convincing evidence has established that 23 (1) the identified needs of the respondent cannot be met by a protective 24 arrangement instead of conservatorship or other less restrictive alternative, including 25 use of appropriate supportive services, technological assistance, or supported decision 26 making; and 27 (2) the respondent was given proper notice of the hearing on the 28 petition. 29 (c) A court order establishing a full conservatorship for an adult must state the 30 basis for granting a full conservatorship and include specific findings to support the 31 conclusion that a limited conservatorship would not meet the functional needs of the
01 adult. 02 (d) A court order establishing a limited conservatorship must state the specific 03 property placed under the control of the conservator and the powers granted to the 04 conservator. 05 (e) The court, as part of an order establishing a conservatorship, shall identify 06 any person that is entitled to 07 (1) notice of the rights of the individual subject to conservatorship 08 under AS 13.29.210(b); 09 (2) notice of a sale of or surrender of a lease to the primary dwelling of 10 the individual; 11 (3) notice that the conservator has delegated a power that requires 12 court approval under AS 13.29.220 or substantially all powers of the conservator; 13 (4) notice that the conservator will be unavailable to perform the duties 14 of the conservator for more than one month; 15 (5) a copy of the conservator's plan under AS 13.29.245 and the 16 conservator's report under AS 13.29.265; 17 (6) access to court records relating to the conservatorship; 18 (7) notice of a transaction involving a substantial conflict between the 19 fiduciary duties and personal interests of the conservator; 20 (8) notice of the death or significant change in the condition of the 21 individual; 22 (9) notice that the court has limited or modified the powers of the 23 conservator; and 24 (10) notice of the removal of the conservator. 25 (f) If an individual subject to conservatorship is an adult, the spouse and adult 26 children of the adult subject to conservatorship are entitled to notice under (e) of this 27 section unless the court determines notice would be contrary to the preferences or 28 prior directions of the adult subject to conservatorship or not in the best interest of the 29 adult. 30 (g) If an individual subject to conservatorship is a minor, each parent and adult 31 sibling of the minor is entitled to notice under (e) of this section unless the court
01 determines notice would not be in the best interest of the minor. 02 Sec. 13.29.210. Notice of order of appointment; rights. (a) A conservator 03 appointed under AS 13.29.155 shall give to the individual subject to conservatorship 04 and to all other persons given notice under AS 13.29.165 a copy of the order of 05 appointment, together with notice of the right to request termination or modification. 06 The order and notice must be given not later than 14 days after the appointment. 07 (b) Not later than 30 days after appointment of a conservator under 08 AS 13.29.155, the court shall give to the individual subject to conservatorship, the 09 conservator, and any other person entitled to notice under AS 13.29.205(e) a statement 10 of the rights of the individual subject to conservatorship and procedures to seek relief 11 if the individual is denied those rights. The statement must be in plain language, in at 12 least 16-point font, and, to the extent feasible, in a language in which the individual 13 subject to conservatorship is proficient. The statement must notify the individual 14 subject to conservatorship of the right to 15 (1) seek termination or modification of the conservatorship, or removal 16 of the conservator, and choose an attorney to represent the individual in these matters; 17 (2) participate in decision making to the extent reasonably feasible; 18 (3) receive a copy of the plan of the conservator under AS 13.29.245, 19 the inventory of the conservator under AS 13.29.250, and the report of the conservator 20 under AS 13.29.265; and 21 (4) object to the inventory, plan, or report of the conservator. 22 (c) If a conservator is appointed for the reasons stated in 23 AS 13.29.155(b)(1)(B) and the individual subject to conservatorship is missing, notice 24 under this section to the individual is not required. 25 Sec. 13.29.215. Emergency conservator. (a) On its own or on petition by a 26 person interested in an individual's welfare after a petition has been filed under 27 AS 13.29.160, the court may appoint an emergency conservator for the individual if 28 the court finds by clear and convincing evidence that 29 (1) the appointment of an emergency conservator is likely to prevent 30 an imminent risk of substantial and irreparable harm to the property or financial 31 interests of the individual;
01 (2) no other person appears to have authority and willingness to act in 02 the circumstances; and 03 (3) a basis for appointment of a conservator under AS 13.29.155 exists. 04 (b) A petition for appointment of an emergency conservator for an individual 05 must allege the facts that the petitioner believes meet the conditions for appointment 06 of an emergency conservator under (a) of this section. 07 (c) The duration of authority of an emergency conservator may not exceed 60 08 days and the emergency conservator may exercise only the powers specified in the 09 order of appointment. The emergency conservator's authority may be extended once 10 for not more than 60 days if the court finds that the conditions for appointment of an 11 emergency conservator under (a) of this section continue. 12 (d) Immediately upon filing of a petition for an emergency conservator, the 13 court shall appoint an attorney to represent the respondent in the proceeding if the 14 respondent has not retained an attorney and appoint a visitor under AS 13.29.175. 15 (e) Except as otherwise provided in (f) of this section, reasonable notice of the 16 date, time, and place of a hearing on the petition must be given to 17 (1) the respondent; 18 (2) the respondent's attorney; 19 (3) the court visitor; 20 (4) the public guardian; and 21 (5) any other person the court determines. 22 (f) The court may appoint an emergency conservator without giving notice 23 under (e) of this section only if the court finds that an affidavit or testimony 24 establishes clear and convincing evidence of an imminent risk that the property or 25 financial interests of the respondent will be substantially and irreparably harmed 26 before a hearing with notice on the appointment can be held. If the court appoints an 27 emergency conservator without giving notice under (e) of this section, notice of the 28 appointment must be given not later than 48 hours after the appointment to the 29 individuals listed in (e) of this section. Not later than five days after the appointment, 30 the court shall hold a hearing on the appropriateness of the appointment. 31 (g) Appointment of an emergency conservator under this section is not a
01 determination that a basis exists for appointment of a conservator under AS 13.29.155. 02 (h) The court may remove an emergency conservator appointed under this 03 section at any time. The emergency conservator shall make any report the court 04 requires. 05 Sec. 13.29.220. Powers of conservator requiring court approval. (a) Except 06 as otherwise ordered by the court, a conservator must give notice to persons entitled to 07 notice under AS 13.29.165(d) and receive specific authorization by the court before 08 the conservator may exercise with respect to the conservatorship the power to 09 (1) make a gift, except a gift of minimal value; 10 (2) sell, encumber an interest in, or surrender a rental agreement or 11 lease to the primary dwelling of the individual subject to conservatorship; 12 (3) convey, release, or disclaim a contingent or expectant interest in 13 property, including marital property and any right of survivorship incident to joint 14 tenancy or tenancy by the entirety; 15 (4) exercise or release a power of appointment; 16 (5) create a revocable or irrevocable trust of property of the 17 conservatorship estate, whether or not the trust extends beyond the duration of the 18 conservatorship, or revoke or amend a trust revocable by the individual subject to 19 conservatorship; 20 (6) exercise a right to elect an option or change a beneficiary under an 21 insurance policy or annuity or surrender the policy or annuity for its cash value; 22 (7) exercise a right to an elective share in the estate of a deceased 23 spouse of the individual subject to conservatorship or renounce or disclaim a property 24 interest; 25 (8) grant a creditor priority for payment over creditors of the same or 26 higher class if the creditor is providing property or services used to meet the basic 27 living and care needs of the individual subject to conservatorship and preferential 28 treatment otherwise would be impermissible under AS 13.29.290(e); and 29 (9) make, modify, amend, or revoke the will of the individual subject 30 to conservatorship under AS 13.12.502. 31 (b) In approving a conservator's exercise of a power under (a) of this section,
01 the court shall consider primarily the decision the individual subject to conservatorship 02 would make if able, to the extent the decision can be ascertained. 03 (c) To determine the decision the individual subject to conservatorship would 04 make if able under (b) of this section, the court shall consider the individual's prior or 05 current directions, preferences, opinions, values, and actions, to the extent actually 06 known or reasonably ascertainable by the conservator. The court also shall consider 07 (1) the financial needs of the individual subject to conservatorship and 08 individuals who are in fact dependent on the individual subject to conservatorship for 09 support and the interests of creditors of the individual; 10 (2) possible reduction of income, estate, inheritance, or other tax 11 liabilities; 12 (3) eligibility for governmental assistance; 13 (4) the previous pattern of giving or level of support provided by the 14 individual; 15 (5) any existing estate plan or lack of estate plan of the individual; 16 (6) the life expectancy of the individual and the probability the 17 conservatorship will terminate before the individual's death; and 18 (7) any other relevant factor. 19 (d) A conservator may not revoke or amend a power of attorney executed 20 under AS 13.26 by the individual subject to conservatorship. If a power of attorney 21 under AS 13.26 is in effect, a decision of the agent takes precedence over that of the 22 conservator, unless the court orders otherwise. 23 Sec. 13.29.225. Petition for order after appointment. An individual subject 24 to conservatorship or a person interested in the welfare of the individual may petition 25 for an order 26 (1) requiring the conservator to furnish a bond or collateral or 27 additional bond or collateral or allowing a reduction in a bond or collateral previously 28 furnished; 29 (2) requiring an accounting for the administration of the 30 conservatorship estate; 31 (3) directing distribution;
01 (4) removing the conservator and appointing a temporary or successor 02 conservator; 03 (5) modifying the type of appointment or powers granted to the 04 conservator, if the extent of protection or management previously granted is excessive 05 or insufficient to meet the needs of the individual, including because the individual's 06 abilities or supports have changed; 07 (6) rejecting or modifying the plan of the conservator under 08 AS 13.29.245, the inventory of the conservator under AS 13.29.250, or the report of 09 the conservator under AS 13.29.265; or 10 (7) granting other appropriate relief. 11 Sec. 13.29.230. Bond; alternative asset protection arrangement. (a) Except 12 as otherwise provided in (c) of this section, the court shall require a conservator to 13 furnish a bond with a surety the court specifies, or require an alternative asset 14 protection arrangement, conditioned on faithful discharge of all duties of the 15 conservator. The court may waive the requirement only if the court finds that a bond 16 or other asset protection arrangement is not necessary to protect the interests of the 17 individual subject to conservatorship. Except as otherwise provided in (c) of this 18 section, the court may not waive the requirement if the conservator is in the business 19 of serving as a conservator and is being paid for the conservator's service. 20 (b) Unless the court directs otherwise, the bond required under this section 21 must be in the amount of the aggregate capital value of the conservatorship estate, plus 22 one year's estimated income, less the value of property deposited under an 23 arrangement requiring a court order for its removal and real property the conservator 24 lacks power to sell or convey without specific court authorization. The court may 25 accept collateral for the performance of the bond in place of surety on a bond, 26 including a pledge of securities or a mortgage of real property. 27 (c) A trust company in this state is not required to give a bond under this 28 section. In this subsection, "trust company" has the meaning given in AS 13.46.990. 29 Sec. 13.29.235. Terms and requirements of bond. (a) Except as otherwise 30 provided by a bond, the surety and the conservator are jointly and severally liable. 31 (b) By executing a bond provided by a conservator, the surety submits to the
01 personal jurisdiction of the court that issued letters of office to the conservator in a 02 proceeding relating to the duties of the conservator in which the surety is named as a 03 party. Notice of the proceeding must be given to the surety at the address shown in the 04 records of the court in which the bond is filed and any other address of the surety 05 known to the person required to provide the notice. 06 (c) On petition of a successor conservator or person affected by a breach of the 07 obligation of a bond, a proceeding may be brought against the surety for breach of the 08 obligation of the bond. 09 (d) A proceeding against a bond may be brought until liability under the bond 10 is exhausted. 11 (e) A proceeding may not be brought under this section against a surety of a 12 bond on a matter as to which a proceeding against the conservator is barred. 13 (f) If a bond is not renewed by the conservator, the surety or sureties shall 14 immediately give notice to the court and the individual subject to conservatorship. 15 Sec. 13.29.240. Duties of conservator. (a) A conservator is a fiduciary and has 16 duties of prudence and loyalty to the individual subject to conservatorship. 17 (b) A conservator shall promote the self-determination of the individual 18 subject to conservatorship and, to the extent feasible, encourage the individual to 19 participate in decisions, act on the individual's own behalf, and develop or regain the 20 capacity to manage the individual's personal affairs. 21 (c) In making a decision for an individual subject to conservatorship, the 22 conservator shall make the decision the conservator reasonably believes the individual 23 would make if able, unless doing so would fail to preserve the resources needed to 24 maintain the individual's well-being and lifestyle or otherwise unreasonably harm or 25 endanger the welfare or personal or financial interests of the individual. To determine 26 the decision the individual would make if able, the conservator shall consider the 27 individual's prior or current directions, preferences, opinions, values, and actions, to 28 the extent actually known or reasonably ascertainable by the conservator. 29 (d) If a conservator cannot make a decision under (c) of this section because 30 the conservator does not know and cannot reasonably determine the decision the 31 individual subject to conservatorship likely would make if able, or the conservator
01 reasonably believes the decision the individual would make would fail to preserve 02 resources needed to maintain the well-being and lifestyle of the individual or 03 otherwise unreasonably harm or endanger the welfare or personal or financial interests 04 of the individual, the conservator shall act in accordance with the best interest of the 05 individual. In determining the best interest of the individual, the conservator shall 06 consider 07 (1) information received from professionals and persons that 08 demonstrate sufficient interest in the welfare of the individual; 09 (2) other information the conservator believes the individual would 10 have considered if the individual were able to act; and 11 (3) other factors a reasonable person in the circumstances of the 12 individual would consider, including consequences for others. 13 (e) Except when inconsistent with the conservator's duties under (a) - (d) of 14 this section, a conservator shall invest and manage the conservatorship estate as a 15 prudent investor would, by considering 16 (1) the circumstances of the individual subject to conservatorship and 17 the conservatorship estate; 18 (2) general economic conditions; 19 (3) the possible effect of inflation or deflation; 20 (4) the expected tax consequences of an investment decision or 21 strategy; 22 (5) the role of each investment or course of action in relation to the 23 conservatorship estate as a whole; 24 (6) the expected total return from income and appreciation of capital; 25 (7) the need for liquidity, regularity of income, and preservation or 26 appreciation of capital; and 27 (8) the special relationship or value, if any, of specific property to the 28 individual subject to conservatorship. 29 (f) The propriety of a conservator's investment and management of the 30 conservatorship estate is determined in light of the facts and circumstances existing 31 when the conservator decides or acts and not by hindsight.
01 (g) A conservator shall make a reasonable effort to verify facts relevant to the 02 investment and management of the conservatorship estate. 03 (h) A conservator that has special skills or expertise, or is named conservator 04 in reliance on the conservator's representation of special skills or expertise, has a duty 05 to use the special skills or expertise in carrying out the conservator's duties. 06 (i) In investing, selecting specific property for distribution, and invoking a 07 power of revocation or withdrawal for the use or benefit of the individual subject to 08 conservatorship, a conservator shall consider any estate plan of the individual known 09 or reasonably ascertainable to the conservator and may examine the will or other 10 donative, nominative, or appointive instrument of the individual. 11 (j) A conservator shall maintain insurance on the insurable real and personal 12 property of the individual subject to conservatorship, unless the conservatorship estate 13 lacks sufficient funds to pay for insurance or the court finds 14 (1) the property lacks sufficient equity; or 15 (2) insuring the property would unreasonably dissipate the 16 conservatorship estate or otherwise not be in the best interest of the individual. 17 (k) If a power of attorney under AS 13.26 is in effect, a conservator shall 18 cooperate with the agent to the extent feasible. 19 (l) A conservator has access to and authority over a digital asset of the 20 individual subject to conservatorship to the extent provided under AS 13.63 (Revised 21 Uniform Fiduciary Access to Digital Assets Act) or court order. 22 (m) A conservator for an adult shall notify the court if the condition of the 23 adult has changed so that the adult is capable of exercising rights previously removed. 24 The notice must be given immediately on learning of the change. 25 Sec. 13.29.245. Conservator's plan. (a) A conservator shall file with the court 26 a plan for protecting, managing, expending, and distributing the assets of the 27 conservatorship estate not later than 60 days after appointment, when there is a 28 significant change in circumstances, or when the conservator seeks to deviate 29 significantly from the conservator's plan. The plan must be based on the needs of the 30 individual subject to conservatorship and take into account the best interest of the 31 individual as well as the individual's preferences, values, and prior directions, to the
01 extent known to or reasonably ascertainable by the conservator. The conservator shall 02 include in the plan 03 (1) a budget containing projected expenses and resources, including an 04 estimate of the total amount of fees the conservator anticipates charging each year and 05 a statement or list of the amount the conservator proposes to charge for each service 06 the conservator anticipates providing to the individual; 07 (2) how the conservator will involve the individual in decisions about 08 management of the conservatorship estate; 09 (3) any step the conservator plans to take to develop or restore the 10 ability of the individual to manage the conservatorship estate; and 11 (4) an estimate of the duration of the conservatorship. 12 (b) A conservator shall give notice of the filing of the conservator's plan under 13 (a) of this section, together with a copy of the plan, to the individual subject to 14 conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent 15 order, and any other person the court determines. The notice must include a statement 16 of the right to object to the plan and be given not later than 14 days after the filing. 17 (c) An individual subject to conservatorship and any person entitled to receive 18 notice and a copy of the plan of the conservator under (b) of this section may object to 19 the plan. 20 (d) The court shall review the plan of the conservator filed under (a) of this 21 section and determine whether to approve the plan or require a new plan. In deciding 22 whether to approve the plan, the court shall consider an objection under (c) of this 23 section and whether the plan is consistent with the duties and powers of the 24 conservator. The court may not approve the plan until 30 days after its filing. 25 (e) After a conservator's plan under this section is approved by the court, the 26 conservator shall provide a copy of the plan to the individual subject to 27 conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent 28 order, and any other person the court determines. 29 Sec. 13.29.250. Inventory; records. (a) Not later than 60 days after 30 appointment, a conservator shall prepare and file with the appointing court a detailed 31 inventory of the conservatorship estate, together with an oath or affirmation that the
01 inventory is believed to be complete and accurate as far as information permits. 02 (b) A conservator shall give notice of the filing of an inventory to the 03 individual subject to conservatorship, a person entitled to notice under 04 AS 13.29.205(e) or a subsequent order, and any other person the court determines. The 05 notice must be given not later than 14 days after the filing. 06 (c) A conservator shall keep records of the administration of the 07 conservatorship estate and make them available for examination on reasonable request 08 of the individual subject to conservatorship, a guardian for the individual, or any other 09 person the conservator or the court determines. 10 Sec. 13.29.255. Administrative powers of conservator not requiring court 11 approval. (a) Except as otherwise provided in AS 13.29.220 or qualified or limited in 12 the court's order of appointment and stated in the letters of office, a conservator has all 13 powers granted in this section and any additional power granted to a trustee by a law 14 of this state other than this chapter. 15 (b) A conservator, acting reasonably and consistent with the fiduciary duties 16 of the conservator to accomplish the purpose of the conservatorship, without specific 17 court authorization or confirmation, may, with respect to the conservatorship estate, 18 (1) collect, hold, and retain property, including property in which the 19 conservator has a personal interest and real property in another state, until the 20 conservator determines disposition of the property should be made; 21 (2) receive additions to the conservatorship estate; 22 (3) continue or participate in the operation of a business or other 23 enterprise; 24 (4) acquire an undivided interest in property in which the conservator, 25 in a fiduciary capacity, holds an undivided interest; 26 (5) invest assets; 27 (6) deposit funds or other property in a financial institution, including 28 one operated by the conservator; 29 (7) acquire or dispose of property, including real property in another 30 state, for cash or on credit, at public or private sale, and manage, develop, improve, 31 exchange, partition, change the character of, or abandon property;
01 (8) make ordinary or extraordinary repairs or alterations in a building 02 or other structure, demolish any improvement, or raze an existing or erect a new party 03 wall or building; 04 (9) subdivide or develop land, dedicate land to public use, make or 05 obtain the vacation of a plat and adjust a boundary, adjust a difference in valuation of 06 land, exchange or partition land by giving or receiving consideration, and dedicate an 07 easement to public use without consideration; 08 (10) enter for any purpose into a rental agreement or lease of property 09 as lessor or lessee, with or without an option to purchase or renew, for a term within or 10 extending beyond the term of the conservatorship; 11 (11) enter into a lease or arrangement for exploration and removal of 12 minerals or other natural resources or a pooling or unitization agreement; 13 (12) grant an option involving disposition of property or accept or 14 exercise an option for the acquisition of property; 15 (13) vote a security, in person or by general or limited proxy; 16 (14) pay a call, assessment, or other sum chargeable or accruing 17 against or on account of a security; 18 (15) sell or exercise a stock subscription or conversion right; 19 (16) consent, directly or through a committee or agent, to the 20 reorganization, consolidation, merger, dissolution, or liquidation of a corporation or 21 other business enterprise; 22 (17) hold a security in the name of a nominee or in other form without 23 disclosure of the conservatorship so that title to the security may pass by delivery; 24 (18) insure 25 (A) the conservatorship estate, in whole or in part, against 26 damage or loss in accordance with AS 13.29.240(j); and 27 (B) the conservator against liability with respect to a third 28 person; 29 (19) borrow funds, with or without security, to be repaid from the 30 conservatorship estate or otherwise; 31 (20) advance funds for the protection of the conservatorship estate or
01 the individual subject to conservatorship and all expenses, losses, and liability 02 sustained in the administration of the conservatorship estate or because of holding any 03 property for which the conservator has a lien on the conservatorship estate; 04 (21) pay or contest a claim, settle a claim by or against the 05 conservatorship estate or the individual subject to conservatorship by compromise, 06 arbitration, or otherwise, or release, in whole or in part, a claim belonging to the 07 conservatorship estate to the extent the claim is uncollectible; 08 (22) pay a tax, assessment, compensation of the conservator or any 09 guardian, and other expense incurred in the collection, care, administration, and 10 protection of the conservatorship estate; 11 (23) pay a sum distributable to the individual subject to 12 conservatorship or an individual who is in fact dependent on the individual subject to 13 conservatorship by paying the sum to the distributee or for the use of the distributee 14 (A) to the guardian for the distributee; 15 (B) to the custodian of the distributee under AS 13.46 (Alaska 16 Uniform Transfers to Minors Act) or custodial trustee under AS 13.60 (Alaska 17 Uniform Custodial Trust Act); or 18 (C) if there is no guardian, custodian, or custodial trustee, to a 19 relative or other person having physical custody of the distributee; 20 (24) bring or defend an action, claim, or proceeding in any jurisdiction 21 for the protection of the conservatorship estate or the conservator in the performance 22 of the conservator's duties; 23 (25) structure the finances of the individual subject to conservatorship 24 to establish eligibility for a public benefit, including by making gifts consistent with 25 the individual's preferences, values, and prior directions, if the conservator's action 26 does not jeopardize the individual's welfare and otherwise is consistent with the duties 27 of the conservator; and 28 (26) execute and deliver any instrument that will accomplish or 29 facilitate the exercise of a power of the conservator. 30 Sec. 13.29.260. Distribution from conservatorship estate. (a) Except as 31 otherwise provided in AS 13.29.220 or qualified or limited in the court's order of
01 appointment and stated in the letters of office, and unless contrary to a plan of the 02 conservator under AS 13.29.245, the conservator may expend or distribute income or 03 principal of the conservatorship estate without specific court authorization or 04 confirmation for the support, care, education, health, or welfare of the individual 05 subject to conservatorship or an individual who is in fact dependent on the individual 06 subject to conservatorship, including the payment of child or spousal support, in 07 accordance with (b) - (e) of this section. 08 (b) The conservator shall consider a recommendation relating to the 09 appropriate standard of support, care, education, health, or welfare for the individual 10 subject to conservatorship or individual who is dependent on the individual subject to 11 conservatorship, made by a guardian for the individual subject to conservatorship, if 12 any, and, if the individual subject to conservatorship is a minor, a recommendation 13 made by a parent of the minor. 14 (c) The conservator acting in compliance with the conservator's duties under 15 AS 13.29.240 is not liable for an expenditure or distribution made based on a 16 recommendation under (b) of this section unless the conservator knows the 17 expenditure or distribution is not in the best interest of the individual subject to 18 conservatorship. 19 (d) In making an expenditure or distribution under this section, the conservator 20 shall consider 21 (1) the size of the conservatorship estate, the estimated duration of the 22 conservatorship, and the likelihood the individual subject to conservatorship, at some 23 future time, may be fully self-sufficient and able to manage the individual's financial 24 affairs and the conservatorship estate; 25 (2) the accustomed standard of living of the individual subject to 26 conservatorship and individual who is dependent on the individual subject to 27 conservatorship; 28 (3) other funds or source used for the support of the individual subject 29 to conservatorship; and 30 (4) the preferences, values, and prior directions of the individual 31 subject to conservatorship.
01 (e) Funds expended or distributed under this section may be paid by the 02 conservator to any person, including the individual subject to conservatorship, as 03 reimbursement for expenditures the conservator might have made, or in advance for 04 services to be provided to the individual subject to conservatorship or individual who 05 is dependent on the individual subject to conservatorship if it is reasonable to expect 06 the services will be performed and advance payment is customary or reasonably 07 necessary under the circumstances. 08 Sec. 13.29.265. Conservator's report and accounting; monitoring. (a) A 09 conservator shall file with the court a report in a record regarding the administration of 10 the conservatorship estate annually unless the court otherwise directs, on resignation 11 or removal, on termination of the conservatorship, and at any other time the court 12 directs. 13 (b) A report under (a) of this section must state or contain 14 (1) an accounting that lists property included in the conservatorship 15 estate and the receipts, disbursements, liabilities, and distributions during the period 16 for which the report is made; 17 (2) a list of the services provided to the individual subject to 18 conservatorship; 19 (3) a copy of the most recently approved plan of the conservator and a 20 statement whether the conservator has deviated from the plan and, if so, how the 21 conservator has deviated and why; 22 (4) a recommendation as to the need for continued conservatorship and 23 any recommended change in the scope of the conservatorship; 24 (5) to the extent feasible, a copy of the most recent reasonably 25 available financial statements evidencing the status of bank accounts, investment 26 accounts, and mortgages or other debts of the individual subject to conservatorship 27 with all but the last four digits of the account numbers and Social Security number 28 redacted; 29 (6) anything of more than minimal value that the conservator, any 30 individual who resides with the conservator, or the spouse, parent, child, or sibling of 31 the conservator has received from a person providing goods or services to the
01 individual subject to conservatorship; 02 (7) any business relation the conservator has with a person the 03 conservator has paid or that has benefited from the property of the individual subject 04 to conservatorship; and 05 (8) whether any co-conservator or successor conservator appointed to 06 serve when a designated event occurs is alive and able to serve. 07 (c) The court may appoint a visitor to review a report under this section or the 08 plan of the conservator under AS 13.29.245, interview the individual subject to 09 conservatorship or conservator, or investigate any other matter involving the 10 conservatorship. In connection with the report, the court may order the conservator to 11 submit the conservatorship estate to appropriate examination in a manner the court 12 directs. 13 (d) Notice of the filing under this section of a conservator's report, together 14 with a copy of the report, must be provided to the individual subject to 15 conservatorship, a person entitled to notice under AS 13.29.205(e) or a subsequent 16 order, and other persons the court determines. The notice and report must be given not 17 later than 14 days after filing. 18 (e) The court shall establish procedures for monitoring a report submitted 19 under this section and review each report at least annually to determine whether 20 (1) the reports provide sufficient information to establish the 21 conservator has complied with the conservator's duties; 22 (2) the conservatorship should continue; and 23 (3) the requested fees of the conservator, if any, should be approved. 24 (f) If the court determines there is reason to believe a conservator has not 25 complied with the conservator's duties or the conservatorship should not continue, the 26 court 27 (1) shall notify the individual subject to conservatorship, the 28 conservator, and any other person entitled to notice under AS 13.29.205(e) or a 29 subsequent order; 30 (2) may require additional information from the conservator; 31 (3) may appoint a visitor to interview the individual subject to
01 conservatorship or conservator or investigate any matter involving the 02 conservatorship; and 03 (4) consistent with AS 13.29.300 and 13.29.305, may hold a hearing to 04 consider removal of the conservator, termination of the conservatorship, or a change in 05 the powers granted to the conservator or terms of the conservatorship. 06 (g) If the court has reason to believe fees requested by a conservator are not 07 reasonable, the court shall hold a hearing to determine whether to adjust the requested 08 fees. 09 (h) A conservator may petition the court for approval of a report filed under 10 this section. The court after review may approve the report. If the court approves the 11 report, there is a rebuttable presumption the report is accurate as to a matter adequately 12 disclosed in the report. 13 (i) An order, after notice and hearing, approving an interim report of a 14 conservator filed under this section adjudicates liabilities concerning a matter 15 adequately disclosed in the report, as to a person given notice of the report or 16 accounting. 17 (j) An order, after notice and hearing, approving a final report filed under this 18 section discharges the conservator from all liabilities, claims, and causes of action by a 19 person given notice of the report and the hearing as to a matter adequately disclosed in 20 the report. 21 Sec. 13.29.270. Attempted transfer of property by individual subject to 22 conservatorship. (a) The interest of an individual subject to conservatorship in 23 property included in the conservatorship estate is not transferrable or assignable by the 24 individual and is not subject to levy, garnishment, or similar process for claims against 25 the individual unless allowed under AS 13.29.290. 26 (b) If an individual subject to conservatorship enters into a contract after 27 having the right to enter the contract removed by the court, the contract is void against 28 the individual and the property of the individual but is enforceable against the person 29 that contracted with the individual. 30 (c) A person other than the conservator that deals with an individual subject to 31 conservatorship with respect to property included in the conservatorship estate is
01 entitled to protection provided by law of this state other than this chapter. 02 Sec. 13.29.275. Transaction involving conflict of interest. A transaction 03 involving a conservatorship estate which is affected by a substantial conflict between 04 the conservator's fiduciary duties and personal interests is voidable unless the 05 transaction is authorized by court order after notice to persons entitled to notice under 06 AS 13.29.205(e) or a subsequent order. A transaction affected by a substantial conflict 07 includes a sale, encumbrance, or other transaction involving the conservatorship estate 08 entered into by the conservator, an individual with whom the conservator resides, the 09 spouse, descendant, sibling, agent, or attorney of the conservator, or a corporation or 10 other enterprise in which the conservator has a substantial beneficial interest. 11 Sec. 13.29.280. Protection of person dealing with conservator. (a) A person 12 that assists or deals with a conservator in good faith and for value in any transaction, 13 other than a transaction requiring a court order under AS 13.29.220, is protected as 14 though the conservator properly exercised any power in question. Knowledge by a 15 person that the person is dealing with a conservator alone does not require the person 16 to inquire into the existence of authority of the conservator or the propriety of the 17 conservator's exercise of authority, but restrictions on authority stated in letters of 18 office, or otherwise provided by law, are effective as to the person. A person that pays 19 or delivers property to a conservator is not responsible for proper application of the 20 property. 21 (b) Protection under (a) of this section extends to a procedural irregularity or 22 jurisdictional defect in the proceeding leading to the issuance of letters of office and 23 does not substitute for protection for a person that assists or deals with a conservator 24 provided by comparable provisions in law of this state other than this chapter relating 25 to a commercial transaction or simplifying a transfer of securities by a fiduciary. 26 Sec. 13.29.285. Death of individual subject to conservatorship. (a) If an 27 individual subject to conservatorship dies, the conservator shall deliver to the court for 28 safekeeping any will of the individual in the possession of the conservator and inform 29 the personal representative named in the will if feasible, or if not feasible, a 30 beneficiary named in the will, of the delivery. 31 (b) On the death of an individual subject to conservatorship, the conservator
01 shall conclude the administration of the conservatorship estate as provided in (c) of 02 this section and AS 13.29.305. 03 (c) If, after 40 days from the death of the individual subject to 04 conservatorship, no other person has been appointed personal representative and no 05 application or petition for appointment is before the court, the conservator of the 06 individual on the date of the individual's death may apply to exercise the powers and 07 duties of a personal representative in order to proceed with administering and 08 distributing the decedent's estate without additional or further appointment. Upon 09 application for an order granting the powers of a personal representative to a 10 conservator, after notice to any person demanding notice under AS 13.16.070 and to 11 any person nominated executor in any will of which the applicant is aware, the court 12 may order the conferral of the power upon determining that there is no objection, and 13 endorse the letters of the conservator to note that the individual formerly subject to 14 conservatorship is deceased and that the conservator has acquired all of the powers 15 and duties of a personal representative. The making and entry of an order under this 16 subsection has the effect of an order of appointment of a personal representative as 17 provided in AS 13.16.115 and 13.16.245 - 13.16.655 except that estate in the name of 18 the conservator, after administration, may be distributed to the decedent's successors 19 without prior retransfer to the conservator as personal representative. 20 Sec. 13.29.290. Presentation and allowance of claim. (a) A conservator may 21 pay, or secure by encumbering property included in the conservatorship estate, a claim 22 against the conservatorship estate or the individual subject to conservatorship arising 23 before or during the conservatorship, on presentation and allowance in accordance 24 with the priorities under (d) of this section. A claimant may present a claim by 25 (1) sending or delivering to the conservator a statement in a record of 26 the claim, indicating its basis, the name and address of the claimant, and the amount 27 claimed; or 28 (2) filing the claim with the court, in a form acceptable to the court, 29 and sending or delivering a copy of the claim to the conservator. 30 (b) A claim under (a) of this section is presented on receipt by the conservator 31 of the statement of the claim or the filing with the court of the claim, whichever first
01 occurs. A presented claim is allowed if it is not disallowed in whole or in part by the 02 conservator in a record sent or delivered to the claimant not later than 60 days after its 03 presentation. Before payment, the conservator may change an allowance of the claim 04 to a disallowance in whole or in part, but not after allowance under a court order or 05 order directing payment of the claim. Presentation of a claim tolls until 30 days after 06 disallowance of the claim the running of a statute of limitations that has not expired 07 relating to the claim. 08 (c) A claimant whose claim under (a) of this section has not been paid may 09 petition the court to determine the claim at any time before it is barred by a statute of 10 limitations, and the court may order its allowance, payment, or security by 11 encumbering property included in the conservatorship estate. If a proceeding is 12 pending against the individual subject to conservatorship at the time of appointment of 13 the conservator or is initiated thereafter, the moving party shall give the conservator 14 notice of the proceeding if it could result in creating a claim against the 15 conservatorship estate. 16 (d) If a conservatorship estate is likely to be exhausted before all existing 17 claims are paid, the conservator shall distribute the estate in money or in kind in 18 payment of claims in the following order: 19 (1) costs and expenses of administration; 20 (2) a claim of the federal or state government having priority under law 21 other than this chapter; 22 (3) a claim incurred by the conservator for support, care, education, 23 health, or welfare previously provided to the individual subject to conservatorship or 24 an individual who is in fact dependent on the individual subject to conservatorship; 25 (4) a claim arising before the conservatorship; and 26 (5) all other claims. 27 (e) Preference may not be given in the payment of a claim under (d) of this 28 section over another claim of the same class. A claim due and payable may not be 29 preferred over a claim not due unless 30 (1) doing so would leave the conservatorship estate without sufficient 31 funds to pay the basic living and health care expenses of the individual subject to
01 conservatorship; and 02 (2) the court authorizes the preference under AS 13.29.220(a)(8). 03 (f) If assets of a conservatorship estate are adequate to meet all existing 04 claims, the court may order the conservator to grant a security interest in the 05 conservatorship estate for payment of a claim at a future date if it is in the best interest 06 of the individual subject to conservatorship. 07 Sec. 13.29.295. Personal liability of conservator. (a) Except as otherwise 08 agreed by a conservator, the conservator is not personally liable on a contract properly 09 entered into in a fiduciary capacity in the course of administration of the 10 conservatorship estate unless the conservator fails to reveal the conservator's 11 representative capacity in the contract or before entering into the contract. 12 (b) A conservator is personally liable for an obligation arising from control of 13 property of the conservatorship estate or an act or omission occurring in the course of 14 administration of the conservatorship estate only if the conservator is personally at 15 fault. 16 (c) A claim based on a contract entered into by a conservator in a fiduciary 17 capacity, an obligation arising from control of property included in the 18 conservatorship estate, or a tort committed in the course of administration of the 19 conservatorship estate may be asserted against the conservatorship estate in a 20 proceeding against the conservator in a fiduciary capacity, whether or not the 21 conservator is personally liable for the claim. 22 (d) A question of liability between a conservatorship estate and the 23 conservator personally may be determined in a proceeding for accounting, surcharge, 24 or indemnification or another appropriate proceeding or action. 25 Sec. 13.29.300. Removal of conservator; appointment of successor. (a) The 26 court may remove a conservator for failure to perform the duties of the conservator or 27 other good cause and appoint a successor conservator to assume the duties of the 28 conservator. 29 (b) The court shall hold a hearing to determine whether to remove a 30 conservator and appoint a successor on 31 (1) petition of the individual subject to conservatorship, conservator, or
01 person interested in the welfare of the individual which contains allegations that, if 02 true, would support a reasonable belief that removal of the conservator and 03 appointment of a successor may be appropriate, but the court may decline to hold a 04 hearing if a petition based on the same or substantially similar facts was filed during 05 the preceding six months; 06 (2) communication from the individual subject to conservatorship, 07 conservator, or person interested in the welfare of the individual which supports a 08 reasonable belief that removal of the conservator and appointment of a successor may 09 be appropriate; or 10 (3) determination by the court that a hearing would be in the best 11 interest of the individual subject to conservatorship. 12 (c) Notice of a petition under (b)(1) of this section must be given to the 13 individual subject to conservatorship, the conservator, and any other person the court 14 determines. 15 (d) An individual subject to conservatorship who seeks to remove the 16 conservator and have a successor appointed has the right to choose an attorney to 17 represent the individual in this matter. If the individual is not represented by an 18 attorney, the court shall appoint an attorney under the same conditions as in 19 AS 13.29.180. The court shall award reasonable attorney fees to the attorney as 20 provided in AS 13.29.490. 21 (e) In selecting a successor conservator, the court shall follow the priorities 22 under AS 13.29.200. 23 (f) Not later than 30 days after appointing a successor conservator, the court 24 shall give notice of the appointment to the individual subject to conservatorship and 25 any person entitled to notice under AS 13.29.205(e) or a subsequent order. 26 Sec. 13.29.305. Termination or modification of conservatorship. (a) A 27 conservatorship for a minor terminates on the earliest of 28 (1) a court order terminating the conservatorship; 29 (2) the minor becoming an adult or, if the minor consents or the court 30 finds by clear and convincing evidence that substantial harm to the minor's interests is 31 otherwise likely, attaining 21 years of age;
01 (3) emancipation of the minor; or 02 (4) death of the minor. 03 (b) A conservatorship for an adult terminates on order of the court or when the 04 adult dies. 05 (c) An individual subject to conservatorship, the conservator, or a person 06 interested in the welfare of the individual may petition for 07 (1) termination of the conservatorship on the ground that a basis for 08 appointment under AS 13.29.155 does not exist or termination would be in the best 09 interest of the individual or for other good cause; or 10 (2) modification of the conservatorship on the ground that the extent of 11 protection or assistance granted is not appropriate or for other good cause. 12 (d) The court shall hold a hearing to determine whether termination or 13 modification of a conservatorship is appropriate on 14 (1) petition under (c) of this section which contains allegations that, if 15 true, would support a reasonable belief that termination or modification of the 16 conservatorship may be appropriate, but the court may decline to hold a hearing if a 17 petition based on the same or substantially similar facts was filed within the preceding 18 six months; 19 (2) a communication from the individual subject to conservatorship, 20 conservator, or person interested in the welfare of the individual which supports a 21 reasonable belief that termination or modification of the conservatorship may be 22 appropriate, including because the functional needs of the individual or supports or 23 services available to the individual have changed; 24 (3) a report from a guardian or conservator which indicates that 25 termination or modification may be appropriate because the functional needs or 26 supports or services available to the individual have changed or a protective 27 arrangement instead of conservatorship or other less restrictive alternative is available; 28 or 29 (4) a determination by the court that a hearing would be in the best 30 interest of the individual. 31 (e) Notice of a petition under (c) of this section must be given to the individual
01 subject to conservatorship, the conservator, and any other person the court determines. 02 (f) On presentation of prima facie evidence for termination of a 03 conservatorship, the court shall order termination unless it is proven that a basis for 04 appointment of a conservator under AS 13.29.155 exists. 05 (g) The court shall modify the powers granted to a conservator if the powers 06 are excessive or inadequate because of a change in the abilities or limitations of the 07 individual subject to conservatorship, the supports of the individual, or other 08 circumstances. 09 (h) Unless the court otherwise orders for good cause, before terminating a 10 conservatorship, the court shall follow the same procedures to safeguard the rights of 11 the individual subject to conservatorship which apply to a petition for conservatorship. 12 (i) An individual subject to conservatorship who seeks to terminate or modify 13 the terms of the conservatorship has the right to choose an attorney to represent the 14 individual in this matter. If the individual is not represented by an attorney, the court 15 shall appoint an attorney under the same conditions as in AS 13.29.180. The court 16 shall award reasonable attorney fees to the attorney as provided in AS 13.29.490. 17 (j) On termination of a conservatorship other than because of the death of the 18 individual subject to conservatorship, property of the conservatorship estate passes to 19 the individual. The order of termination must direct the conservator to file a final 20 report and petition for discharge on approval by the court of the final report. 21 (k) On termination of a conservatorship because of the death of the individual 22 subject to conservatorship, the conservator shall promptly file a final report and 23 petition for discharge on approval by the court of the final report. On approval of the 24 final report, the conservator shall proceed expeditiously to distribute the 25 conservatorship estate to the individual's estate or as otherwise ordered by the court. 26 The conservator may take reasonable measures necessary to preserve the 27 conservatorship estate until distribution can be made. 28 (l) The court shall issue a final order of discharge on the approval by the court 29 of the final report and satisfaction by the conservator of any other condition the court 30 imposed on the conservator's discharge. 31 Sec. 13.29.310. Payment of debt and delivery of property to foreign
01 conservator without local proceedings. (a) Any person indebted to or having 02 possession of property or of an instrument evidencing a debt, stock, or chose in action 03 belonging to an individual subject to conservatorship under the law of another state 04 may pay or deliver to a conservator, guardian of the estate, or other like fiduciary 05 appointed by a court of the state of residence of the individual, upon being presented 06 with proof of the fiduciary's appointment and an affidavit made by the fiduciary or on 07 the fiduciary's behalf stating: 08 (1) that no protective proceeding relating to the individual is pending 09 in this state; and 10 (2) that the foreign conservator is entitled to payment or to receive 11 delivery. 12 (b) If the person to whom the affidavit is presented is not aware of any 13 protective proceeding pending in this state, payment or delivery in response to the 14 demand and affidavit discharges the debtor or possessor. 15 Sec. 13.29.315. Transfer for benefit of minor without appointment of 16 conservator. (a) Unless a person required to transfer funds or other property to a 17 minor knows that a conservator for the minor has been appointed or a proceeding is 18 pending for conservatorship, the person may transfer an amount or value not 19 exceeding $15,000 in a 12-month period to 20 (1) a person that has care or custody of the minor and with whom the 21 minor resides; 22 (2) a guardian for the minor; 23 (3) a custodian under AS 13.46 (Alaska Uniform Transfers to Minors 24 Act); or 25 (4) a financial institution as a deposit in an interest-bearing account or 26 certificate solely in the name of the minor and shall give notice to the minor of the 27 deposit. 28 (b) A person that transfers funds or other property under this section is not 29 responsible for its proper application. 30 (c) A person that receives funds or other property for a minor under (a)(1) or 31 (2) of this section may apply it only to the support, care, education, health, or welfare
01 of the minor, and may not derive a personal financial benefit from it, except for 02 reimbursement for necessary expenses. Funds not applied for these purposes must be 03 preserved for the future support, care, education, health, or welfare of the minor, and 04 the balance, if any, transferred to the minor when the minor becomes an adult or 05 otherwise is emancipated. 06 Article 4. Other Protective Arrangements. 07 Sec. 13.29.320. Authority for protective arrangement. (a) Under 08 AS 13.29.320 - 13.29.375, a court on receiving a petition for a 09 (1) guardianship for an adult may order a protective arrangement 10 instead of guardianship as a less restrictive alternative to guardianship; and 11 (2) conservatorship for an individual may order a protective 12 arrangement instead of conservatorship as a less restrictive alternative to 13 conservatorship. 14 (b) A person interested in an adult's welfare, including the adult or a 15 conservator for the adult, may petition under AS 13.29.320 - 13.29.375 for a 16 protective arrangement instead of guardianship. 17 (c) The following persons may petition under AS 13.29.320 - 13.29.375 for a 18 protective arrangement instead of conservatorship: 19 (1) the individual for whom the protective arrangement is sought; 20 (2) a person interested in the property, financial affairs, or welfare of 21 the individual, including a person that would be adversely affected by lack of effective 22 management of property or financial affairs of the individual; and 23 (3) the guardian for the individual. 24 Sec. 13.29.325. Basis for protective arrangement instead of guardianship 25 for adult. (a) After the hearing on a petition under AS 13.29.065 for a guardianship or 26 under AS 13.29.320(b) for a protective arrangement instead of guardianship, the court 27 may issue an order under (b) of this section for a protective arrangement instead of 28 guardianship if the court finds by clear and convincing evidence that 29 (1) the respondent lacks the ability to meet essential requirements for 30 physical health, safety, or self-care because the respondent is unable to receive and 31 evaluate information or make or communicate decisions, even with appropriate
01 supportive services, technological assistance, or supported decision making; and 02 (2) the identified needs of the respondent cannot be met by a less 03 restrictive alternative. 04 (b) If the court makes the findings under (a) of this section, the court, instead 05 of appointing a guardian, may 06 (1) authorize or direct a transaction necessary to meet the respondent's 07 need for health, safety, or care, including 08 (A) a particular medical treatment or refusal of a particular 09 medical treatment; 10 (B) a move to a specified place of dwelling; or 11 (C) a visitation or supervised visitation between the respondent 12 and another person; and 13 (2) order other arrangements on a limited basis that are appropriate. 14 (c) In deciding whether to issue an order under this section, the court shall 15 consider the factors under AS 13.29.120 and 13.29.125 which a guardian must 16 consider when making a decision on behalf of an adult subject to guardianship. 17 Sec. 13.29.330. Basis for protective arrangement instead of 18 conservatorship for adult or minor. (a) After the hearing on a petition under 19 AS 13.29.160 for conservatorship for an adult or under AS 13.29.320(c) for a 20 protective arrangement instead of conservatorship for an adult, the court may issue an 21 order under (c) of this section for a protective arrangement instead of conservatorship 22 for the adult if the court finds by clear and convincing evidence that 23 (1) the adult is unable to manage property or financial affairs because 24 (A) of a limitation in the ability to receive and evaluate 25 information or make or communicate decisions, even with appropriate 26 supportive services, technological assistance, or supported decision making; or 27 (B) the adult is missing, detained, or unable to return to the 28 United States; 29 (2) an order under (c) of this section is necessary to 30 (A) avoid harm to the adult or significant dissipation of the 31 property of the adult; or
01 (B) obtain or provide funds or other property needed for the 02 support, care, education, health, or welfare of the adult or an individual entitled 03 to the adult's support; and 04 (3) the identified needs of the respondent cannot be met by a less 05 restrictive alternative. 06 (b) After the hearing on a petition under AS 13.29.160 for conservatorship for 07 a minor or under AS 13.29.320(c) for a protective arrangement instead of 08 conservatorship for a minor, the court may issue an order under (c) of this section for a 09 protective arrangement instead of conservatorship for the respondent if the court finds 10 by a preponderance of the evidence that 11 (1) the arrangement is in the best interest of the minor; if the minor has 12 a parent, the court shall give weight to any recommendation of the parent on whether 13 an arrangement is in the best interest of the minor; and 14 (2) one of the following applies: 15 (A) the minor owns money or property requiring management 16 or protection that otherwise cannot be provided; 17 (B) the minor has or may have financial affairs that may be put 18 at unreasonable risk or hindered because of the minor's age; or 19 (C) the arrangement is necessary or desirable to obtain or 20 provide funds or other property needed for the support, care, education, health, 21 or welfare of the minor; and 22 (3) the order under (c) of this section is necessary or desirable to obtain 23 or provide money needed for the support, care, education, health, or welfare of the 24 minor. 25 (c) If the court makes the findings under (a) or (b) of this section, the court, 26 instead of appointing a conservator, may authorize or direct a transaction necessary to 27 protect the financial interest or property of the respondent, including 28 (1) an action to establish eligibility for benefits; 29 (2) the payment, delivery, deposit, or retention of funds or property; 30 (3) the sale, mortgage, lease, or other transfer of property; 31 (4) the purchase of an annuity;
01 (5) the entry into a contractual relationship, including a contract to 02 provide for personal care, supportive services, education, training, or 03 employment; 04 (6) the addition to or establishment of a trust; 05 (7) the ratification or invalidation of a contract, trust, will, or other 06 transaction, including a transaction related to the property or business affairs of 07 the respondent; or 08 (8) the settlement of a claim. 09 (d) Before issuing an order under (c) of this section, the court shall consider 10 the factors under AS 13.29.240 a conservator must consider when making a decision 11 on behalf of an individual subject to conservatorship. If the respondent is a minor, the 12 court also shall consider the best interest of the minor, the preference of the parents of 13 the minor, and the preference of the minor, if the minor is 12 years of age or older. 14 Sec. 13.29.333. Basis for protective arrangement restricting access to an 15 individual or individual's property. (a) A protective arrangement ordered under this 16 section may 17 (1) make any order under AS 13.29.170; 18 (2) supersede an existing power of attorney; 19 (3) prohibit a person's access to the respondent; or 20 (4) prohibit a person's use of or access to the respondent's property. 21 (b) A person who is allowed to file a petition under AS 13.29.320 may file a 22 petition for an ex parte protective arrangement against another person to restrict the 23 other person's access to the respondent or respondent's property. The court shall ex 24 parte and without notice to the person to be restricted issue an ex parte protective 25 arrangement within the scope of (a) of this section if the court finds probable cause 26 that the person to be restricted is financially defrauding the respondent and that there 27 has been or is an immediate threat of a waste or dissipation of the respondent's funds 28 or other property because of the fraud. 29 (c) An ex parte protective arrangement expires 20 days after the order is 30 issued, unless 31 (1) dissolved earlier by the court at the request of the individual subject
01 to an ex parte protective arrangement or the restricted person after notice and, if 02 requested, a hearing; or 03 (2) a guardian or conservator is appointed to the individual subject to 04 an ex parte protective arrangement earlier. 05 (d) Upon the filing of a petition with the court before the expiration of an ex 06 parte protective arrangement, the court shall schedule a hearing on whether to convert 07 the ex parte protective arrangement to a protective arrangement instead of 08 guardianship or conservatorship under (e) of this section. The court shall provide the 09 petitioner, respondent, and the person to be restricted at least 10 days' notice of the 10 hearing and notice of the information required under AS 13.29.340(e). 11 (e) After a hearing on a petition under (d) of this section or AS 13.29.065, 12 13.29.160, or 13.29.320(a)(2), (b), or (c), the court shall issue a protective 13 arrangement instead of guardianship or conservatorship within the scope of (a) of this 14 section if the court finds by a preponderance of the evidence that the person to be 15 restricted has committed fraud against the respondent. 16 (f) The petitioner, individual subject to the protective arrangement, or 17 restricted person may request to modify a protective arrangement issued under (b) or 18 (e) of this section. Except as provided in (g) of this section, if a request is made to 19 modify 20 (1) an ex parte protective arrangement, the court shall schedule a 21 hearing on three days' notice or on shorter notice as the court may prescribe; or 22 (2) a protective arrangement instead of guardianship or 23 conservatorship issued under (e) of this section, the court shall schedule a hearing 24 within 20 days after the date the request is made, except that, if the court finds that the 25 request is meritless on its face, the court may deny the request without a hearing. 26 (g) If a request to modify is made under (f) of this section and the request 27 raises an issue not raised in the petition for the protective arrangement, the court may 28 allow a party additional time to respond. 29 (h) If the court modifies a protective arrangement under (f) of this section, the 30 court shall issue a modified protective arrangement and make reasonable efforts to 31 ensure that the order is understood by the petitioner, individual subject to the
01 protective arrangement, or restricted person. 02 (i) The court shall cause a copy of a protective arrangement issued under (b) 03 or (e) of this section and any related orders to be delivered to the appropriate local law 04 enforcement agency for expedited entry in the central registry under AS 18.65.540. 05 (j) A protective arrangement issued under (b) or (e) of this section against a 06 restricted person is in addition to any other civil or criminal remedy. 07 (k) A third party that has received actual or legal notice of a protective 08 arrangement issued under (b) or (e) of this section shall comply with the order. A third 09 party who does not comply with the protective arrangement may be liable in a civil 10 action to the individual subject to the protective arrangement or individual subject to 11 the protective arrangement's heirs, assigns, or estate for a civil penalty not to exceed 12 $1,000, plus the actual damages, costs, and fees associated with the failure to comply 13 with the protective arrangement. A third party who does not comply with the 14 protective arrangement may also be criminally liable under AS 11.56.740 for violating 15 a protective order. In this subsection, "actual or legal notice" means delivery by mail 16 or facsimile at the most recently known place of residence or business of the third 17 party. 18 (l) The Alaska Court System, after consulting with the Department of Health, 19 the office of public advocacy, the office of elder fraud and assistance, the long term 20 care ombudsman, and other interested persons and organizations, shall prepare forms 21 for petitions and protective arrangements and instructions for use of the forms by a 22 person seeking a protective arrangement under (b) or (e) of this section or to modify a 23 protective arrangement under (f) of this section. The forms must conform to the 24 Alaska Rules of Probate Procedure and Alaska Rules of Civil Procedure, except that 25 information on the forms may be filled in by legible handwriting. The office of the 26 clerk of each superior and district court shall make available to the public the forms 27 and instructions for the use of the forms prepared under this subsection. The clerk 28 shall provide assistance in completing and filing the forms. 29 (m) Filing fees may not be charged for a petition that requests the issuance of 30 a protective arrangement under (b) or (e) of this section or that requests to modify the 31 protective arrangement under (f) of this section.
01 (n) In this section, 02 (1) "fraud" means 03 (A) robbery, extortion, and coercion under AS 11.41.500 - 04 11.41.530; 05 (B) offenses against property under AS 11.46.100 - 11.46.740; 06 or 07 (C) exploitation of another person or another person's resources 08 for personal profit or advantage if no significant benefit accrues to the person 09 who is exploited; 10 (2) "individual subject to an ex parte protective arrangement" means an 11 adult or minor for whose benefit an ex parte protective arrangement has been ordered; 12 (3) "restricted person" means a person restricted from accessing an 13 individual or individual's property by a protective arrangement issued under (b) or (e) 14 of this section. 15 Sec. 13.29.335. Petition for protective arrangement. A petition for an ex 16 parte protective arrangement or protective arrangement instead of guardianship or 17 conservatorship must state the petitioner's name, principal residence, current street 18 address, if different, relationship to the respondent, interest in the protective 19 arrangement, the name and address of any attorney representing the petitioner, and, to 20 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) if an ex parte protective arrangement or protective arrangement 17 instead of guardianship or conservatorship under AS 13.29.333 is sought, the name 18 and current address, if known, of any person with whom the petitioner seeks to restrict 19 access to the respondent or respondent's property; 20 (7) whether the respondent needs an interpreter, translator, or other 21 form of support to communicate effectively with the court or understand court 22 proceedings; 23 (8) if a protective arrangement instead of guardianship is sought and 24 the respondent has property other than personal effects, a general statement of the 25 respondent's property with an estimate of its value, including any insurance or 26 pension, and the source and amount of any other anticipated income or receipts; and 27 (9) if a protective arrangement instead of conservatorship is sought, a 28 general statement of the respondent's property with an estimate of its value, including 29 any insurance or pension, and the source and amount of other anticipated income or 30 receipts. 31 Sec. 13.29.340. Notice and hearing. (a) On filing of a petition under
01 AS 13.29.320 or 13.29.333, the court shall set a date, time, and place for a hearing on 02 the petition. 03 (b) A copy of a petition under AS 13.29.320 or 13.29.333 and notice of a 04 hearing on the petition must be served on the respondent. The notice must inform the 05 respondent of the respondent's rights at the hearing, including the right to an attorney 06 and to attend the hearing. The notice must include a description of the nature, purpose, 07 and consequences of granting the petition. The court may not grant the petition if 08 notice substantially complying with this subsection is not served on the respondent, 09 unless service would cause an immediate threat of harm to the best interests of the 10 respondent and the petition includes a written explanation of the harm. 11 (c) In a proceeding on a petition under AS 13.29.320 or 13.29.333, the notice 12 required under (b) of this section must be given to the persons required to be listed in 13 the petition under AS 13.29.335(1) - (3) and any other person interested in the welfare 14 of the respondent the court determines. Failure to give notice under this subsection 15 does not preclude the court from granting the petition. 16 (d) In a proceeding for a protective arrangement instead of guardianship or 17 conservatorship under AS 13.29.333(e), the notice required under (b) of this section 18 must be given to each person whose access to the respondent or respondent's property 19 the petitioner seeks to restrict. The court may not grant the petition if notice 20 substantially complying with this subsection is not served on each person. 21 (e) After the court has ordered a protective arrangement under AS 13.29.320 - 22 13.29.375, notice of a hearing on a petition filed under this chapter, together with a 23 copy of the petition, must be given to the respondent and any other person the court 24 determines. 25 Sec. 13.29.345. Appointment and role of visitor. (a) On filing of a petition 26 under AS 13.29.320 or 13.29.333 for a protective arrangement instead of 27 guardianship, the court shall appoint a visitor. The visitor must be an individual with 28 training or experience in the type of abilities, limitations, and needs alleged in the 29 petition. 30 (b) On filing of a petition under AS 13.29.320 or 13.29.333 for a protective 31 arrangement instead of conservatorship for a minor, the court may appoint a visitor to
01 investigate a matter related to the petition or inform the minor or a parent of the minor 02 about the petition or a related matter. 03 (c) On filing of a petition under AS 13.29.320 or 13.29.333 for a protective 04 arrangement instead of conservatorship for an adult, the court shall appoint a visitor. 05 The visitor must be an individual with training or experience in the types of abilities, 06 limitations, and needs alleged in the petition. 07 (d) A visitor appointed under (a) or (c) of this section shall interview the 08 respondent in person and, in a manner the respondent is best able to understand, 09 (1) explain to the respondent the substance of the petition, the nature, 10 purpose, and effect of the proceeding, and the rights of the respondent at the hearing 11 on the petition; 12 (2) determine the views of the respondent with respect to the order 13 sought; 14 (3) inform the respondent of the respondent's right to employ and 15 consult with an attorney at the respondent's expense and the right to request a court- 16 appointed attorney; 17 (4) inform the respondent that all costs and expenses of the proceeding, 18 including respondent's attorney fees, may be paid from the respondent's assets; 19 (5) if the petitioner seeks an order related to the dwelling of the 20 respondent, visit the respondent's present dwelling and any dwelling in which it is 21 reasonably believed the respondent will live if the order is granted; 22 (6) if a protective arrangement instead of guardianship is sought, 23 obtain information from any physician or other person known to have treated, advised, 24 or assessed the respondent's relevant physical or mental condition; 25 (7) if a protective arrangement instead of conservatorship is sought, 26 review financial records of the respondent, if relevant to the visitor's recommendation 27 under (e)(3) of this section; and 28 (8) investigate the allegations in the petition and any other matter 29 relating to the petition the court directs. 30 (e) A visitor under this section shall promptly file a report in a record with the 31 court, which must include
01 (1) a recommendation whether an attorney should be appointed to 02 represent the respondent; 03 (2) to the extent relevant to the order sought, a summary of self-care, 04 independent-living tasks, and financial management tasks the respondent 05 (A) can manage without assistance or with existing supports; 06 (B) could manage with the assistance of appropriate supportive 07 services, technological assistance, or supported decision making; and 08 (C) cannot manage; 09 (3) a recommendation regarding the appropriateness of the protective 10 arrangement sought and whether a less restrictive alternative for meeting the needs of 11 the respondent is available; 12 (4) if the petition seeks to change the physical location of the dwelling 13 of the respondent, a statement whether the proposed dwelling meets the needs of the 14 respondent and whether the respondent has expressed a preference as to the 15 respondent's dwelling; 16 (5) a recommendation whether a professional evaluation under 17 AS 13.29.355 is necessary; 18 (6) a statement whether the respondent is able to attend a hearing at the 19 location where court proceedings typically are held; 20 (7) a statement whether the respondent is able to participate in a 21 hearing and which identifies any technology or other form of support that would 22 enhance the respondent's ability to participate; and 23 (8) any other matter the court directs. 24 Sec. 13.29.350. Appointment and role of attorney. (a) A respondent who is 25 the subject of a proceeding under AS 13.29.320 - 13.29.375 is entitled to be 26 represented by an attorney in the proceeding. The court shall appoint an attorney to 27 represent the respondent in the proceeding if the respondent has not retained an 28 attorney and 29 (1) the respondent requests the appointment; 30 (2) the visitor recommends the appointment; or 31 (3) the court determines the respondent needs representation.
01 (b) If a respondent who meets the conditions for appointment under (a) of this 02 section is financially unable to employ an attorney, the court shall appoint the office of 03 public advocacy to represent the respondent in the proceeding. 04 (c) An attorney representing the respondent in a proceeding under 05 AS 13.29.320 - 13.29.375 shall 06 (1) make reasonable efforts to ascertain the wishes of the respondent; 07 (2) advocate for the wishes of the respondent to the extent reasonably 08 ascertainable; and 09 (3) if the wishes of the respondent are not reasonably ascertainable, 10 advocate for the result that is the least restrictive alternative in type, duration, and 11 scope, consistent with the interests of the respondent. 12 Sec. 13.29.355. Professional evaluation. (a) At or before a hearing on a 13 petition under AS 13.29.320 - 13.29.375 for a protective arrangement, the court shall 14 order a professional evaluation of the respondent 15 (1) if the respondent requests the evaluation; or 16 (2) in other cases, unless the court finds that it has sufficient 17 information to determine the needs and abilities of the respondent without the 18 evaluation. 19 (b) If the court orders an evaluation under (a) of this section, the respondent 20 must be examined by a licensed physician, psychologist, social worker, or other 21 individual appointed by the court who is qualified to evaluate the respondent's alleged 22 cognitive and functional abilities and limitations and does not have a conflict of 23 interest. The individual conducting the evaluation shall promptly file a report in a 24 record with the court. Unless otherwise directed by the court, the report must contain 25 (1) a description of the nature, type, and extent of the respondent's 26 cognitive and functional abilities and limitations; 27 (2) an evaluation of the respondent's mental and physical condition 28 and, if appropriate, educational potential, adaptive behavior, and social skills; 29 (3) a prognosis for improvement, including with regard to the ability to 30 manage the property and financial affairs of the respondent if a limitation in that 31 ability is alleged, and recommendation for the appropriate treatment, support, or
01 habilitation plan; and 02 (4) the date of the examination on which the report is based. 03 (c) The respondent may decline to participate in an evaluation ordered under 04 (a) of this section. 05 Sec. 13.29.360. Attendance and rights at hearing. (a) Except as otherwise 06 provided in (b) of this section, a hearing under AS 13.29.320 - 13.29.375 may not 07 proceed unless the respondent attends the hearing. If it is not reasonably feasible for 08 the respondent to attend a hearing at the location where court proceedings typically are 09 held, the court shall make reasonable efforts to hold the hearing at an alternative 10 location convenient to the respondent or allow the respondent to attend the hearing 11 using real-time audiovisual technology. 12 (b) A hearing under AS 13.29.320 - 13.29.375 may proceed without the 13 respondent in attendance if the court finds by clear and convincing evidence that 14 (1) the respondent consistently and repeatedly has refused to attend the 15 hearing after having been fully informed of the right to attend and the potential 16 consequences of failing to do so; 17 (2) there is no practicable way for the respondent to attend and 18 participate in the hearing even with appropriate supportive services and technological 19 assistance; 20 (3) the respondent is a minor who has received proper notice and 21 attendance would be harmful to the minor; or 22 (4) the respondent is not in attendance because notice was not served 23 under AS 13.29.340(b) and service would have caused an immediate threat of harm to 24 the best interests of the respondent. 25 (c) The respondent has a right to choose an attorney to represent the 26 respondent at a hearing under AS 13.29.320 - 13.29.375. 27 (d) At a hearing under AS 13.29.320 - 13.29.375, the respondent may 28 (1) present evidence and subpoena witnesses and documents; 29 (2) examine witnesses, including any court-appointed evaluator and 30 the visitor; and 31 (3) otherwise participate in the hearing.
01 (e) A hearing under AS 13.29.320 - 13.29.375 must be closed on request of 02 the respondent and a showing of good cause. 03 (f) Any person may request to participate in a hearing under AS 13.29.320 - 04 13.29.375. The court may grant the request, with or without a hearing, on determining 05 that the best interest of the respondent will be served. The court may impose 06 appropriate conditions on the person's participation. 07 Sec. 13.29.365. Notice of order. The court shall give notice of an order under 08 AS 13.29.320 - 13.29.375 to the individual who is subject to the protective 09 arrangement under AS 13.29.320 - 13.29.375, a person whose access to the individual 10 or individual's property is restricted by the order, and any other person the court 11 determines. 12 Sec. 13.29.370. Confidentiality of records. (a) The existence of a proceeding 13 for or the existence of a protective arrangement under AS 13.29.320 - 13.29.375 is a 14 matter of public record unless the court seals the record after 15 (1) the respondent, the individual subject to the protective 16 arrangement, or the parent of a minor subject to the protective arrangement requests 17 that the record be sealed; and 18 (2) one of the following occurs: 19 (A) the proceeding is dismissed; 20 (B) the protective arrangement is no longer in effect; or 21 (C) an act authorized by the order granting the protective 22 arrangement has been completed. 23 (b) A respondent, an individual subject to a protective arrangement under 24 AS 13.29.320 - 13.29.375, an attorney designated by the respondent or individual, a 25 parent of a minor subject to a protective arrangement, and any other person the court 26 determines are entitled to access court records of the proceeding and resulting 27 protective arrangement. A person not otherwise entitled to access court records under 28 this subsection for good cause may petition the court for access. The court shall grant 29 access if access is in the best interest of the respondent or individual subject to the 30 protective arrangement or furthers the public interest and does not endanger the 31 welfare or financial interests of the respondent or individual.
01 (c) A report of a visitor or professional evaluation generated in the course of a 02 proceeding under AS 13.29.320 - 13.29.375 must be sealed on filing but is available to 03 (1) the court; 04 (2) the individual who is the subject of the report or evaluation, 05 without limitation as to use; 06 (3) the petitioner, visitor, and petitioner's and respondent's attorneys, 07 for purposes of the proceeding; 08 (4) unless the court orders otherwise, an agent appointed under a 09 power of attorney under AS 13.26 in which the respondent is the principal; 10 (5) if the order is for a protective arrangement instead of guardianship 11 and unless the court orders otherwise, an agent appointed under a durable power of 12 attorney for health care under AS 13.52 in which the respondent is identified as the 13 principal; and 14 (6) any other person if it is in the public interest or for a purpose the 15 court orders for good cause. 16 Sec. 13.29.375. Appointment of master. The court may appoint a master to 17 assist in implementing a protective arrangement under AS 13.29.320 - 13.29.375. The 18 master has the authority conferred by the order of appointment and serves until 19 discharged by court order. 20 Article 5. Forms. 21 Sec. 13.29.380. Use of forms. Use of the forms contained in AS 13.29.380 - 22 13.29.395 is optional. Failure to use these forms does not prejudice any party. 23 Sec. 13.29.385. Petition for guardianship for minor. This form may be used 24 to petition for guardianship for a minor. 25 Petition for Guardianship for Minor 26 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT 27 _____________________________________________________________ 28 Name and address of attorney representing Petitioner, if applicable: 29 _______________________________________________________________ 30 NOTE TO PETITIONER: This form can be used to petition for a guardian for 31 a minor. A court may appoint a guardian for a minor who does not have a
01 guardian if the court finds the appointment is in the best interest of the minor, 02 and (1) the parents consent after being fully informed of the nature and 03 consequences of guardianship; (2) all parental rights have been terminated; or 04 (3) the court finds by clear and convincing evidence that the parents are 05 unwilling or unable to exercise their parental rights. 06 (1) INFORMATION ABOUT THE PERSON FILING THIS 07 PETITION (THE "PETITIONER"). 08 a. Name: _______________________________________________ 09 b. Principal residence: ____________________________________ 10 c. Current street address (if different): ________________________ 11 d. Relationship to minor: __________________________________ 12 e. Interest in this petition: __________________________________ 13 f. Telephone number (optional): _____________________________ 14 g. Email address (optional): ________________________________ 15 (2) INFORMATION ABOUT THE MINOR ALLEGED TO 16 NEED A GUARDIAN. 17 Provide the following information to the extent known: 18 a. Name: ______________________________________________ 19 b. Age: _______________________________________________ 20 c. Principal residence: ___________________________________ 21 d. Current street address (if different): _______________________ 22 e. If Petitioner anticipates the minor moving, or seeks to move the minor, 23 proposed new address: ____________________________________ 24 f. Does the minor need an interpreter, translator, or other form of support to 25 communicate with the court or understand court proceedings? If so, please 26 explain. ________________________________________________ 27 g. Telephone number (optional): ____________________________ 28 h. Email address (optional): ________________________________ 29 (3) INFORMATION ABOUT THE MINOR'S PARENT(S). 30 a. Name(s) of living parent(s): _____________________________________ 31 b. Current street address(es) of living parent(s): _______________________
01 c. Does any parent need an interpreter, translator, or other form of support to 02 communicate with the court or understand court proceedings? If so, please 03 explain. _______________________________________________________ 04 (4) PEOPLE WHO ARE REQUIRED TO BE NOTIFIED OF 05 THIS PETITION. State the name and current address of the people listed in 06 Appendix A. 07 (5) APPOINTMENT REQUESTED. State the name and 08 address of any proposed guardian and the reason the proposed guardian should 09 be selected. 10 (6) STATE WHY PETITIONER SEEKS THE 11 APPOINTMENT. Include a description of the nature and extent of the minor's 12 alleged need. 13 (7) PROPERTY. If the minor has property other than personal 14 effects, state the minor's property with an estimate of its value. 15 (8) OTHER PROCEEDINGS. If there are any other 16 proceedings concerning the care or custody of the minor currently pending in 17 any court in this state or another jurisdiction, please describe them. 18 (9) ATTORNEY(S). If the minor or the minor's parent is 19 represented by an attorney in this matter, state the name, [telephone number, 20 email address,] and address of the attorney(s). 21 SIGNATURE 22 _________________________________ _______________ 23 Signature of Petitioner Date 24 25 ______________________________ _______________ 26 Signature of Petitioner's Attorney if Date 27 Petitioner is Represented by Counsel 28 APPENDIX A: 29 People whose name and address must be listed in Section 4 of this petition if 30 they are not the Petitioner. 31 (1) The minor, if the minor is 12 years of age or older.
01 (2) Each parent of the minor or, if there are none, the adult nearest in 02 kinship that can be found. 03 (3) An adult with whom the minor resides. 04 (4) Each person that had primary care or custody of the minor for at 05 least 60 days during the two years immediately before the filing of the petition or for 06 at least 730 days during the five years immediately before the filing of the petition. 07 (5) If the minor is 12 years of age or older, any person nominated as 08 guardian by the minor. 09 (6) Any person nominated as guardian by a parent of the minor. 10 (7) The grandparents of the minor. 11 (8) Adult siblings of the minor. 12 (9) Any current guardian or conservator for the minor appointed in this 13 state or another jurisdiction. 14 Sec. 13.29.390. Petition for guardianship, conservatorship, or protective 15 arrangement. This form may be used to petition for 16 (1) guardianship for an adult; 17 (2) conservatorship for an adult or minor; 18 (3) a protective arrangement instead of guardianship for an adult; or 19 (4) a protective arrangement instead of conservatorship for an adult or 20 minor. 21 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT 22 ______________________________________________________________ 23 Name and address of attorney representing Petitioner, if 24 applicable:_____________________________________________________ 25 NOTE TO PETITIONER: This form can be used to petition for a 26 guardian, conservator, or both, or for a protective arrangement instead of either 27 a guardianship or conservatorship. This form should not be used to petition for 28 guardianship for a minor. 29 The court may appoint a guardian or order a protective arrangement 30 instead of guardianship for an adult if (1) the adult lacks the ability to meet 31 essential requirements for physical health, safety, or self-care because the adult
01 is unable to receive and evaluate information or make or communicate 02 decisions even with the use of supportive services, technological assistance, 03 and supported decision-making; and (2) the adult's identified needs cannot be 04 met by a less restrictive alternative. 05 The court may appoint a conservator or order a protective arrangement 06 instead of conservatorship for an adult if (1) the adult is unable to manage 07 property and financial affairs because of a limitation in the ability to receive 08 and evaluate information or make or communicate decisions even with the use 09 of supportive services, technological assistance, and supported decision- 10 making or the adult is missing, detained, or unable to return to the United 11 States; and (2) appointment is necessary to avoid harm to the adult or 12 significant dissipation of the property of the adult, or to obtain or provide funds 13 or other property needed for the support, care, education, health, or welfare of 14 the adult, or of an individual who is entitled to the adult's support, and 15 protection is necessary or desirable to provide funds or other property for that 16 purpose. 17 The court may appoint a conservator or order a protective arrangement 18 instead of conservatorship for a minor if (1) the minor owns funds or other 19 property requiring management or protection that cannot otherwise be 20 provided; or (2) it would be in the best interest of the minor, and the minor has 21 or may have financial affairs that may be put at unreasonable risk or hindered 22 because of the minor's age, or appointment is necessary or desirable to provide 23 funds or other property needed for the support, care, education, health, or 24 welfare of the minor. 25 The court may also order a protective arrangement instead of 26 conservatorship that restricts access to an individual or an individual's property 27 by a person if the court finds that the person has committed fraud against the 28 individual. 29 (1) INFORMATION ABOUT THE PERSON FILING THIS 30 PETITION (THE "PETITIONER"). 31 a. Name: _________________________________________________________
01 b. Principal residence: _______________________________________________ 02 c. Current street address (if different): __________________________________ 03 d. Relationship to Respondent: ________________________________________ 04 e. Interest in this petition: ____________________________________________ 05 f. Telephone number (optional): _______________________________________ 06 g. Email address (optional): __________________________________________ 07 (2) INFORMATION ABOUT THE INDIVIDUAL ALLEGED 08 TO NEED PROTECTION (THE "RESPONDENT"). 09 Provide the following information to the extent known. 10 a. Name: _________________________________________________________ 11 b. Age: __________________________________________________________ 12 c. Principal residence: ______________________________________________ 13 d. Current street address (if different): __________________________________ 14 e. If Petitioner anticipates Respondent moving, or seeks to move Respondent, 15 proposed new address: ____________________________________________ 16 f. Does Respondent need an interpreter, translator, or other form of support to 17 communicate with the court or understand court proceedings? If so, please 18 explain. ________________________________________________________ 19 g. Telephone number (optional): ____________________________________ 20 h. Email address (optional): _______________________________________ 21 (3) PEOPLE WHO ARE REQUIRED TO BE NOTIFIED OF 22 THIS PETITION. State the name and address of the people listed in Appendix 23 A. 24 (4) EXISTING AGENTS. State the name and address of any 25 person appointed as an agent under a power of attorney under AS 13.26 or 26 durable power of attorney for health care under AS 13.52, or who has been 27 appointed as the individual's representative for payment of benefits. 28 (5) ACTION REQUESTED. State whether Petitioner is 29 seeking appointment of a guardian, a conservator, or a protective arrangement 30 instead of an appointment. 31 (6) ORDER REQUESTED OR APPOINTMENT
01 REQUESTED. If seeking a protective arrangement instead of a guardianship 02 or conservatorship, state the transaction or other action you want the court to 03 order. If seeking appointment of a guardian or conservator, state the powers 04 Petitioner requests the court grant to a guardian or conservator. 05 (7) STATE WHY THE APPOINTMENT OR PROTECTIVE 06 ARRANGEMENT SOUGHT IS NECESSARY. Include a description of the 07 nature and extent of Respondent's alleged need. 08 (8) STATE ALL LESS RESTRICTIVE ALTERNATIVES TO 09 MEETING RESPONDENT'S ALLEGED NEED THAT HAVE BEEN 10 CONSIDERED OR IMPLEMENTED. Less restrictive alternatives could 11 include supported decision-making, technological assistance, or the 12 appointment of an agent by Respondent, including appointment under a power 13 of attorney under AS 13.26 or durable power of attorney for health care under 14 AS 13.52. If no alternative has been considered or implemented, state the 15 reason why. 16 (9) EXPLAIN WHY LESS RESTRICTIVE ALTERNATIVES 17 WILL NOT MEET RESPONDENT'S ALLEGED NEED. 18 (10) PROVIDE A GENERAL STATEMENT OF 19 RESPONDENT'S PROPERTY AND AN ESTIMATE OF ITS VALUE. 20 Include any real property such as a house or land, insurance or pension, and the 21 source and amount of any other anticipated income or receipts. As part of this 22 statement, indicate, if known, how the property is titled (for example, is it 23 jointly owned?). 24 (11) FOR A PETITION SEEKING APPOINTMENT OF A 25 CONSERVATOR. (Skip this section if not asking for appointment of a 26 conservator.) 27 a. If seeking appointment of a conservator with all powers permissible under 28 this state's law, explain why appointment of a conservator with fewer powers 29 (i.e., a "limited conservatorship") or other protective arrangement instead of 30 conservatorship will not meet the individual's alleged needs. 31 b. If seeking a limited conservatorship, state the property Petitioner requests
01 be placed under the conservator's control and any proposed limitation on the 02 conservator's powers and duties. 03 c. State the name and address of any proposed conservator and the reason the 04 proposed conservator should be selected. 05 d. If Respondent is 12 years of age or older, state the name and address of any 06 person Respondent nominates as conservator. 07 e. If alleging a limitation in Respondent's ability to receive and evaluate 08 information, provide a brief description of the nature and extent of 09 Respondent's alleged limitation. 10 f. If alleging that Respondent is missing, detained, or unable to return to the 11 United States, state the relevant circumstances, including the time and nature 12 of the disappearance or detention and a description of any search or inquiry 13 concerning the Respondent's whereabouts. 14 (12) FOR A PETITION SEEKING APPOINTMENT OF A 15 GUARDIAN. (Skip this section if not asking for appointment of a guardian.) 16 a. If seeking appointment of a guardian with all powers permissible under this 17 state's law, explain why appointment of a guardian with fewer powers (i.e., a 18 "limited guardianship") or other protective arrangement instead of 19 guardianship will not meet the individual's alleged needs. 20 b. If seeking a limited guardianship, state the powers Petitioner requests be 21 granted to the guardian. 22 c. State the name and address of any proposed guardian and the reason the 23 proposed guardian should be selected. 24 d. State the name and address of any person nominated as guardian by 25 Respondent, or, in a will or other signed writing or other record, by 26 Respondent's parent or spouse. 27 (13) ATTORNEY. If Petitioner, Respondent, or, if Respondent 28 is a minor, Respondent's parent is represented by an attorney in this matter, 29 state the name, telephone number, email address, and address of the 30 attorney(s). 31 SIGNATURE
01 _________________________________ _______________ 02 Signature of Petitioner Date 03 04 ______________________________ _______________ 05 Signature of Petitioner's Attorney if Date 06 Petitioner is Represented by Counsel 07 APPENDIX A: 08 People whose name and address must be listed in Section 3 of this petition, if 09 they are not the Petitioner. 10 (1) Respondent's spouse or if Respondent has none, any adult with 11 whom Respondent has shared household responsibilities in the past six months. 12 (2) Respondent's adult children, or, if Respondent has none, 13 Respondent's parents and adult siblings, or if Respondent has none, one or more adults 14 nearest in kinship to Respondent who can be found with reasonable diligence. 15 (3) Respondent's adult stepchildren whom Respondent actively 16 parented during the stepchildren's minor years and with whom Respondent had an 17 ongoing relationship within two years of this petition. 18 (4) Any person responsible for the care or custody of Respondent. 19 (5) Any attorney currently representing Respondent. 20 (6) Any representative payee for Respondent appointed by the United 21 States Social Security Administration. 22 (7) Any current guardian or conservator for Respondent appointed in 23 this state or another jurisdiction. 24 (8) Any trustee or custodian of a trust or custodianship of which 25 Respondent is a beneficiary. 26 (9) Any fiduciary for Respondent appointed by the United States 27 Department of Veterans Affairs. 28 (10) Any person Respondent has designated as agent under a power of 29 attorney under AS 13.26. 30 (11) Any person Respondent has designated as agent under a durable 31 power of attorney for health care under AS 13.52.
01 (12) Any person known to have routinely assisted the individual with 02 decision making in the previous six months. 03 (13) Any person Respondent nominates as guardian or conservator. 04 (14) Any person nominated as guardian by Respondent's parent or 05 spouse in a will or other signed writing or other record. 06 Sec. 13.29.395. Notification of rights for adult subject to guardianship or 07 conservatorship. This form may be used to notify an adult subject to guardianship or 08 conservatorship of the adult's rights under AS 13.29.110 and 13.29.210. 09 NOTIFICATION OF RIGHTS 10 You are getting this notice because a guardian, conservator, or both have been 11 appointed for you. It tells you about some important rights you have. It does 12 not tell you about all your rights. If you have questions about your rights, you 13 can ask an attorney or another person, including your guardian or conservator, 14 to help you understand your rights. 15 GENERAL RIGHTS: You have the right to exercise any right the court 16 has not given to your guardian or conservator. You also have the right to ask 17 the court to 18 (1) end your guardianship, conservatorship, or both; 19 (2) increase or decrease the powers granted to your guardian, 20 conservator, or both; 21 (3) make other changes that affect what your guardian or 22 conservator can do or how they do it; and 23 (4) replace the person that was appointed with someone else. 24 You also have a right to hire an attorney to help you do any of these things. 25 ADDITIONAL RIGHTS FOR PERSONS FOR WHOM A 26 GUARDIAN HAS BEEN APPOINTED: As an adult subject to guardianship, 27 you have a right to 28 (1) be involved in decisions affecting you, including decisions 29 about your care, where you live, your activities, and your social interactions, to 30 the extent reasonably feasible; 31 (2) be involved in decisions about your health care to the extent
01 reasonably feasible, and to have other people help you understand the risks and 02 benefits of health care options; 03 (3) be notified at least 14 days in advance of a change in where 04 you live or a permanent move to a nursing home, mental health facility, or 05 other facility that places restrictions on your ability to leave or have visitors, 06 unless the guardian has proposed this change in the guardian's plan or the court 07 has expressly authorized it; 08 (4) ask the court to prevent your guardian from changing where 09 you live or selling or surrendering your primary dwelling by objecting to such 10 a move in compliance with AS 13.29.125; 11 (5) vote and get married unless the court order appointing your 12 guardian states that you cannot do so; 13 (6) receive a copy of your guardian's report and your guardian's 14 plan; and 15 (7) communicate, visit, or interact with other people (this 16 includes the right to have visitors, to make and receive telephone calls, 17 personal mail, or electronic communications) unless 18 (A) your guardian has been authorized by the court by 19 specific order to restrict these communications, visits, or interactions; 20 (B) a protective order is in effect that limits contact 21 between you and other people; or 22 (C) your guardian has good cause to believe the 23 restriction is needed to protect you from significant physical, 24 psychological, or financial harm and the restriction is for not more than 25 seven business days if the person has a family or pre-existing social 26 relationship with you or not more than 60 days if the person does not 27 have that kind of relationship with you. 28 ADDITIONAL RIGHTS FOR PERSONS FOR WHOM A 29 CONSERVATOR HAS BEEN APPOINTED: As an adult subject to 30 conservatorship, you have a right to 31 (1) participate in decisions about how your property is
01 managed to the extent feasible; and 02 (2) receive a copy of your conservator's inventory, report, and 03 plan. 04 Article 6. Miscellaneous Provisions. 05 Sec. 13.29.400. Uniformity of application and construction. In applying and 06 construing this chapter, consideration must be given to the need to promote uniformity 07 of the law with respect to its subject matter among states that enact it. 08 Sec. 13.29.405. Relation to Electronic Signatures in Global and National 09 Commerce Act. This chapter modifies, limits, or supersedes 15 U.S.C. 7001 - 7031 10 (Electronic Signatures in Global and National Commerce Act), but does not modify, 11 limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the 12 notices described in 15 U.S.C. 7003(b). 13 Article 7. General Provisions. 14 Sec. 13.29.410. Supplemental principles of law and equity applicable. 15 Unless displaced by a particular provision of this chapter, the principles of law and 16 equity supplement its provisions. 17 Sec. 13.29.415. Subject matter jurisdiction. (a) Except to the extent 18 jurisdiction is precluded by AS 25.30 (Uniform Child Custody Jurisdiction and 19 Enforcement Act), a court of this state has jurisdiction over a guardianship for a minor 20 domiciled or present in this state. The court has jurisdiction over a conservatorship or 21 protective arrangement instead of conservatorship for a minor domiciled or having 22 property in this state. 23 (b) A court of this state has jurisdiction over a guardianship, conservatorship, 24 or protective arrangement under AS 13.29.320 - 13.29.375 for an adult as provided in 25 AS 13.27 (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act). 26 (c) After notice is given in a proceeding for a guardianship, conservatorship, 27 or protective arrangement under AS 13.29.320 - 13.29.375 and until termination of the 28 proceeding, the court in which the petition is filed has 29 (1) exclusive jurisdiction to determine the need for the guardianship, 30 conservatorship, or protective arrangement; 31 (2) exclusive jurisdiction to determine how property of the respondent
01 must be managed, expended, or distributed to or for the use of the respondent, an 02 individual who is dependent in fact on the respondent, or other claimant; 03 (3) nonexclusive jurisdiction to determine the validity of a claim 04 against the respondent or property of the respondent or a question of title concerning 05 the property; and 06 (4) if a guardian or conservator is appointed, exclusive jurisdiction 07 over issues related to administration of the guardianship or conservatorship. 08 (d) A court that appoints a guardian or conservator or authorizes a protective 09 arrangement under AS 13.29.320 - 13.29.375 has exclusive and continuing jurisdiction 10 over the proceeding until the court terminates the proceeding or the appointment or 11 protective arrangement expires by its terms. 12 Sec. 13.29.420. Transfer of proceedings. (a) This section does not apply to a 13 guardianship or conservatorship for an adult that is subject to the transfer provisions 14 under AS 13.27.200 or 13.27.210. 15 (b) After appointment of a guardian or conservator, the court that made the 16 appointment may transfer the proceeding to another court in the same judicial district, 17 another judicial district in this state, or another state if a transfer is in the best interest 18 of the individual subject to the guardianship or conservatorship. 19 (c) If a proceeding for a guardianship or conservatorship is pending in another 20 state or a foreign country and a petition for guardianship or conservatorship for the 21 same individual is filed in a court in this state, the court shall notify the court in the 22 other state or foreign country and, after consultation with that court, assume or decline 23 jurisdiction, whichever is in the best interest of the respondent. 24 (d) A guardian or conservator appointed in another state or country may 25 petition the court for appointment as a guardian or conservator in this state for the 26 same individual if jurisdiction in this state is or will be established. The appointment 27 may be made on proof of appointment in the other state or foreign country and 28 presentation of a certified copy of the part of the court record in the other state or 29 country specified by the court in this state. 30 (e) Notice of hearing on a petition under (d) of this section, together with a 31 copy of the petition, must be given to the respondent, if the respondent is at least 12
01 years of age at the time of the hearing, and to the persons that would be entitled to 02 notice if the procedures for appointment of a guardian or conservator under this 03 chapter were applicable. The court shall make the appointment unless the court 04 determines the appointment would not be in the best interest of the respondent. 05 (f) Not later than 14 days after appointment under (e) of this section, the 06 guardian or conservator shall give a copy of the order of appointment to the individual 07 subject to guardianship or conservatorship, if the individual is at least 12 years of age, 08 and to all persons given notice of the hearing on the petition. 09 Sec. 13.29.425. Venue. (a) Except as provided in (e) of this section, venue for 10 a guardianship proceeding for a minor is in the judicial district in which 11 (1) the minor resides or is present at the time the proceeding 12 commences; or 13 (2) another proceeding concerning the custody or parental rights of the 14 minor is pending. 15 (b) Venue for a guardianship proceeding or protective arrangement instead of 16 guardianship for an adult is in the judicial district in which 17 (1) the respondent resides; 18 (2) a court is located that has ordered the respondent to be admitted to 19 an institution; or 20 (3) the respondent is present if the proceeding is for appointment of an 21 emergency guardian for an adult. 22 (c) Venue for a conservatorship proceeding or protective arrangement instead 23 of conservatorship is in 24 (1) the judicial district in which the respondent resides, whether or not 25 a guardian has been appointed in another judicial district or other jurisdiction; or 26 (2) any judicial district in which property of the respondent is located 27 if the respondent does not reside in this state. 28 (d) If proceedings under this chapter are brought in more than one judicial 29 district, the court of the judicial district in which the first proceeding is brought has the 30 exclusive right to proceed unless the court determines venue is properly in another 31 court or the interest of justice otherwise requires transfer of the proceeding.
01 (e) The venue for a guardianship proceeding for a minor in state custody under 02 AS 47.10 is the 03 (1) superior court where the child-in-need-of-aid proceeding is pending 04 as provided under AS 47.10.111; or 05 (2) judicial district in which the petitioner resides if the petitioner 06 provides notice to all of the parties to the child-in-need-of-aid proceeding and no party 07 objects. 08 Sec. 13.29.430. Practice in court. (a) If proceedings for a guardianship, 09 conservatorship, or protective arrangement under AS 13.29.320 - 13.29.375 for the 10 same individual are commenced or pending in the same court, the proceedings may be 11 consolidated. 12 (b) A respondent may demand a jury trial in a proceeding under this chapter 13 on the issue of whether a basis exists for appointment of a guardian or conservator. 14 Sec. 13.29.435. Letters of office. (a) The court shall issue letters of office to a 15 guardian on filing by the guardian of an acceptance of appointment. 16 (b) The court shall issue letters of office to a conservator on filing by the 17 conservator of an acceptance of appointment and filing of any required bond or 18 compliance with any other asset protection arrangement required by the court. 19 (c) Limitations on the powers of a guardian or conservator or on the property 20 subject to conservatorship must be stated in the letters of office. 21 (d) The court at any time may limit the powers conferred on a guardian or 22 conservator. The court shall issue new letters of office to reflect the limitation. The 23 court shall give notice of the limitation to the guardian or conservator, individual 24 subject to guardianship or conservatorship, each parent of a minor subject to 25 guardianship or conservatorship, and any other person the court determines. 26 Sec. 13.29.440. Effect of acceptance of appointment. On acceptance of 27 appointment, a guardian or conservator submits to the personal jurisdiction of the 28 court in this state in any proceeding relating to the guardianship or conservatorship. 29 Sec. 13.29.445. Co-guardian; co-conservator. (a) The court at any time may 30 appoint a co-guardian or co-conservator to serve immediately or when a designated 31 event occurs.
01 (b) A co-guardian or co-conservator appointed to serve immediately may act 02 when that co-guardian or co-conservator complies with AS 13.29.435. 03 (c) A co-guardian or co-conservator appointed to serve when a designated 04 event occurs may act when the event occurs and that co-guardian or co-conservator 05 complies with AS 13.29.435. 06 (d) Unless an order of appointment under (a) of this section or subsequent 07 order states otherwise, co-guardians or co-conservators shall make decisions jointly. 08 Sec. 13.29.450. Judicial appointment of successor guardian or successor 09 conservator. (a) The court at any time may appoint a successor guardian or successor 10 conservator to serve immediately or when a designated event occurs. 11 (b) A person entitled under AS 13.29.010 or 13.29.065 to petition the court to 12 appoint a guardian may petition the court to appoint a successor guardian. A person 13 entitled under AS 13.29.160 to petition the court to appoint a conservator may petition 14 the court to appoint a successor conservator. 15 (c) A successor guardian or successor conservator appointed to serve when a 16 designated event occurs may act as guardian or conservator when the event occurs and 17 the successor complies with AS 13.29.435. 18 (d) A successor guardian or successor conservator has the predecessor's 19 powers unless otherwise provided by the court. 20 Sec. 13.29.455. Effect of death, removal, or resignation of guardian or 21 conservator. (a) Appointment of a guardian or conservator terminates on the death or 22 removal of the guardian or conservator or when the court approves a resignation of the 23 guardian or conservator under (b) of this section. 24 (b) A guardian or conservator must petition the court to resign. The petition 25 may include a request that the court appoint a successor. Resignation of a guardian or 26 conservator is effective on the date the resignation is approved by the court. 27 (c) Death, removal, or resignation of a guardian or conservator does not affect 28 liability for a previous act or the obligation to account for 29 (1) an action taken on behalf of the individual subject to guardianship 30 or conservatorship; or 31 (2) the individual's funds or other property.
01 Sec. 13.29.460. Notice of hearing generally. (a) Except as otherwise provided 02 in AS 13.29.015, 13.29.035, 13.29.070, 13.29.165, and 13.29.340, or otherwise 03 ordered by the court for good cause, if notice of a hearing under this chapter is 04 required, the movant shall give notice of the date, time, and place of the hearing to the 05 person to be notified. Except as otherwise provided in this chapter, notice must be 06 given in compliance with AS 13.06.110 - 13.06.120. 07 (b) Proof of notice of a hearing under this chapter must be made before or at 08 the hearing and filed in the proceeding. 09 (c) Notice of a hearing under this chapter must be in at least 16-point font, in 10 plain language, and, to the extent feasible, in a language in which the person to be 11 notified is proficient. 12 Sec. 13.29.465. Waiver of notice. Notwithstanding AS 13.06.115, a 13 respondent, individual subject to guardianship, individual subject to conservatorship, 14 or individual subject to a protective arrangement under AS 13.29.320 - 13.29.375 may 15 not waive notice under this chapter. 16 Sec. 13.29.470. Guardian ad litem. (a) Notwithstanding AS 13.06.120(a)(5), 17 the guardian ad litem may not be the same individual as the attorney representing the 18 respondent. The court shall state the duties of the guardian ad litem and the reasons for 19 the appointment as a part of the record of the proceeding. 20 (b) The office of public advocacy shall provide guardian ad litem services to 21 persons who would suffer financial hardship or become dependent on a government 22 agency or a private person or agency if the services were not to be provided at state 23 expense. 24 Sec. 13.29.475. Request for notice. (a) A person may file with the court a 25 request for notice under this chapter if the person is 26 (1) not otherwise entitled to notice; and 27 (2) interested in the welfare of a respondent, individual subject to 28 guardianship or conservatorship, or individual subject to a protective arrangement 29 under AS 13.29.320 - 13.29.375. 30 (b) A request under (a) of this section must include a statement showing the 31 interest of the person making the request and the address of the person or an attorney
01 for the person to whom notice is to be given. 02 (c) If the court approves a request under (a) of this section, the court shall give 03 notice of the approval to the guardian or conservator, if one has been appointed, or, if 04 no guardian or conservator has been appointed, to the respondent. 05 Sec. 13.29.480. Disclosure of bankruptcy or criminal history. (a) Before 06 accepting appointment as a guardian or conservator, a person shall disclose to the 07 court whether the person has been 08 (1) or is a debtor in a bankruptcy, insolvency, or receivership 09 proceeding; or 10 (2) convicted of 11 (A) a felony; 12 (B) a crime involving dishonesty, neglect, violence, or use of 13 physical force; or 14 (C) a crime relevant to the functions the person would assume 15 as guardian or conservator. 16 (b) A guardian or conservator that engages or anticipates engaging an agent 17 who the guardian or conservator knows has been convicted of a felony, a crime 18 involving dishonesty, neglect, violence, or use of physical force, or a crime relevant to 19 the functions the agent is being engaged to perform shall promptly disclose that 20 knowledge to the court. 21 (c) If a conservator engages or anticipates engaging an agent to manage the 22 finances of the individual subject to conservatorship and knows the agent is or has 23 been a debtor in a bankruptcy, insolvency, or receivership proceeding, the conservator 24 shall promptly disclose that knowledge to the court. 25 Sec. 13.29.485. Multiple nominations. If a respondent or other person makes 26 more than one nomination of a guardian or conservator, the latest in time governs. 27 Sec. 13.29.490. Compensation and expenses; in general. (a) Unless 28 otherwise compensated or reimbursed, an attorney for a respondent in a proceeding 29 under this chapter is entitled to reasonable compensation for services and 30 reimbursement of reasonable expenses from the property of the respondent. 31 (b) Unless otherwise compensated or reimbursed, an attorney or other person
01 whose services resulted in an order beneficial to an individual subject to guardianship 02 or conservatorship or for whom a protective arrangement under AS 13.29.320 - 03 13.29.375 was ordered is entitled to reasonable compensation for services and 04 reimbursement of reasonable expenses from the property of the individual. 05 (c) The court must approve compensation and expenses payable under this 06 section before payment. Approval is not required before a service is provided or an 07 expense is incurred. 08 (d) Except as provided in (g) of this section, the Alaska Court System shall 09 bear the costs of an investigator or visitor appointed or professional evaluation ordered 10 under this chapter. 11 (e) Except as provided in (d), (f), and (g) of this section, a respondent shall 12 bear 13 (1) the costs of an attorney appointed to represent the respondent under 14 this chapter; 15 (2) the costs of a guardian ad litem appointed under this chapter; 16 (3) the costs of a guardianship, conservatorship, or protective 17 arrangement under AS 13.29.320 - 13.29.375 incurred under this chapter; and 18 (4) all other court costs incurred under this chapter. 19 (f) The state shall pay all or part of the costs described in (e) of this section if 20 the court finds that the payment is necessary to prevent the respondent from suffering 21 financial hardship or from becoming dependent on a government agency or a private 22 person or agency. 23 (g) If the court finds that a petitioner initiated a proceeding under this chapter 24 maliciously, frivolously, or without just cause, the court may require the petitioner to 25 pay all or some of the costs described in (d) and (e) of this section. 26 Sec. 13.29.495. Compensation of guardian or conservator. (a) Subject to 27 court approval, a guardian is entitled to reasonable compensation for services as 28 guardian and to reimbursement for room, board, clothing, and other appropriate 29 expenses advanced for the benefit of the individual subject to guardianship. If a 30 conservator, other than the guardian or a person affiliated with the guardian, is 31 appointed for the individual, reasonable compensation and reimbursement to the
01 guardian may be approved and paid by the conservator without court approval. 02 (b) Subject to court approval, a conservator is entitled to reasonable 03 compensation for services and reimbursement for appropriate expenses from the 04 property of the individual subject to conservatorship. 05 (c) In determining reasonable compensation for a guardian or conservator, the 06 court, or a conservator in determining reasonable compensation for a guardian as 07 provided in (a) of this section, shall consider 08 (1) the necessity and quality of the services provided; 09 (2) the experience, training, professional standing, and skills of the 10 guardian or conservator; 11 (3) the difficulty of the services performed, including the degree of 12 skill and care required; 13 (4) the conditions and circumstances under which a service was 14 performed, including whether the service was provided outside regular business hours 15 or under dangerous or extraordinary conditions; 16 (5) the effect of the services on the individual subject to guardianship 17 or conservatorship; 18 (6) the extent to which the services provided were or were not 19 consistent with the guardian's plan under AS 13.29.135 or conservator's plan under 20 AS 13.29.245; and 21 (7) the fees customarily paid to a person that performs a similar service 22 in the community. 23 (d) A guardian or conservator does not need to use personal funds of the 24 guardian or conservator for the expenses of the individual subject to guardianship or 25 conservatorship. 26 (e) If an individual subject to guardianship or conservatorship seeks to modify 27 or terminate the guardianship or conservatorship or remove the guardian or 28 conservator, the court may order compensation to the guardian or conservator for time 29 spent opposing modification, termination, or removal only to the extent the court 30 determines the opposition was reasonably necessary to protect the interest of the 31 individual subject to guardianship or conservatorship.
01 Sec. 13.29.500. Liability of guardian or conservator for act of individual 02 subject to guardianship or conservatorship. A guardian or conservator is not 03 personally liable to another person solely because of the guardianship or 04 conservatorship for an act or omission of the individual subject to guardianship or 05 conservatorship. 06 Sec. 13.29.505. Petition after appointment of instruction or ratification. (a) 07 A guardian or conservator may petition the court for instruction concerning fiduciary 08 responsibility or ratification of a particular act related to the guardianship or 09 conservatorship. 10 (b) On notice and hearing on a petition under (a) of this section, the court may 11 give an instruction and issue an appropriate order. 12 Sec. 13.29.515. Use of agent by guardian or conservator. (a) Except as 13 otherwise provided in AS 13.26.740 and (c) of this section, a guardian or conservator 14 may delegate a power to an agent that a prudent guardian or conservator of 15 comparable skills could delegate prudently under the circumstances if the delegation is 16 consistent with the fiduciary duties of the guardian or conservator and the guardian's 17 plan under AS 13.29.135 or conservator's plan under AS 13.29.245. 18 (b) In delegating a power under (a) of this section, the guardian or conservator 19 shall exercise reasonable care, skill, and caution in 20 (1) selecting the agent; 21 (2) establishing the scope and terms of the agent's work in accordance 22 with the guardian's plan under AS 13.29.135 or conservator's plan under 23 AS 13.29.245; 24 (3) monitoring the agent's performance and compliance with the 25 delegation; and 26 (4) redressing an act or omission of the agent which would constitute a 27 breach of the duties of the guardian or conservator if done by the guardian or 28 conservator. 29 (c) A guardian or conservator may not delegate all powers to an agent. 30 (d) In performing a power delegated under this section, an agent shall 31 (1) exercise reasonable care to comply with the terms of the delegation
01 and use reasonable care in the performance of the power; and 02 (2) if the guardian or conservator has delegated to the agent the power 03 to make a decision on behalf of the individual subject to guardianship or 04 conservatorship, use the same decision-making standard the guardian or conservator 05 would be required to use. 06 (e) By accepting a delegation of a power under (a) of this section from a 07 guardian or conservator, an agent submits to the personal jurisdiction of the courts of 08 this state in an action involving the agent's performance as agent. 09 (f) A guardian or conservator that delegates and monitors a power in 10 compliance with this section is not liable for the decision, act, or omission of the 11 agent. 12 (g) A guardian for an adult may not delegate a power to an agent under this 13 section for a period exceeding one year. 14 Sec. 13.29.520. Temporary substitute guardian or conservator. (a) The 15 court may appoint a temporary substitute guardian for an individual subject to 16 guardianship for a period not exceeding six months if 17 (1) a proceeding to remove a guardian for the individual is pending; or 18 (2) the court finds a guardian is not effectively performing the duties of 19 the guardian and the welfare of the individual requires immediate action. 20 (b) The court may appoint a temporary substitute conservator for an individual 21 subject to conservatorship for a period not exceeding six months if 22 (1) a proceeding to remove a conservator for the individual is pending; 23 or 24 (2) the court finds that a conservator for the individual is not 25 effectively performing the duties of the conservator and the welfare of the individual 26 or the conservatorship estate requires immediate action. 27 (c) Except as otherwise ordered by the court, a temporary substitute guardian 28 or temporary substitute conservator appointed under this section has the powers stated 29 in the order of appointment of the guardian or conservator. The authority of the 30 existing guardian or conservator is suspended for as long as the temporary substitute 31 guardian or conservator has authority.
01 (d) The court shall give notice of appointment of a temporary substitute 02 guardian or temporary substitute conservator, not later than five days after the 03 appointment, to 04 (1) the individual subject to guardianship or conservatorship; 05 (2) the affected guardian or conservator; and 06 (3) in the case of a minor, each parent of the minor and any person 07 currently having care or custody of the minor. 08 (e) The court may remove a temporary substitute guardian or temporary 09 substitute conservator at any time. The temporary substitute guardian or temporary 10 substitute conservator shall make any report the court requires. 11 Sec. 13.29.525. Grievance against guardian or conservator. (a) An 12 individual who is subject to guardianship or conservatorship, or a person interested in 13 the welfare of an individual subject to guardianship or conservatorship, who 14 reasonably believes the guardian or conservator is breaching the guardian's or 15 conservator's fiduciary duty or otherwise acting in a manner inconsistent with this 16 chapter may file a grievance in a record with the court. 17 (b) Subject to (c) of this section, after receiving a grievance under (a) of this 18 section, the court 19 (1) shall review the grievance and, if necessary to determine the 20 appropriate response, court records related to the guardianship or conservatorship; 21 (2) shall schedule a hearing if the individual subject to guardianship or 22 conservatorship is an adult and the grievance supports a reasonable belief that 23 (A) removal of the guardian and appointment of a successor 24 may be appropriate under AS 13.29.145; 25 (B) termination or modification of the guardianship may be 26 appropriate under AS 13.29.150; 27 (C) removal of the conservator and appointment of a successor 28 may be appropriate under AS 13.29.300; or 29 (D) termination or modification of the conservatorship may be 30 appropriate under AS 13.29.305; and 31 (3) may take any action supported by the evidence, including
01 (A) ordering the guardian or conservator to provide to the court 02 any report, accounting, inventory, updated plan, or other information; 03 (B) appointing a guardian ad litem; 04 (C) appointing an attorney for the individual subject to 05 guardianship or conservatorship; or 06 (D) holding a hearing. 07 (c) The court may decline to act under (b) of this section if a similar grievance 08 was filed within the six months preceding the filing of the current grievance and the 09 court followed the procedures of (b) of this section in considering the earlier 10 grievance. 11 Sec. 13.29.530. Adoption of standards of practice. It is the policy of the state 12 that all guardians and conservators, when making decisions for an individual subject to 13 guardianship or conservatorship, shall abide by the highest ethical standards of 14 decision making and shall consider the standards of practice adopted by the 15 department by regulation. The department shall adopt standards of practice for 16 guardians and conservators and, before doing so, shall review the standards of practice 17 adopted by a national organization with expertise in the area of standards of practice 18 for guardians and conservators, such as the National Guardianship Association. 19 Sec. 13.29.535. Delegation of powers over minor child by parent. (a) A 20 parent of a minor child, by a properly executed power of attorney that is substantially 21 in the form provided in (f) of this section, may delegate to another person one or more 22 powers regarding the care or custody of the minor child, except the power to consent 23 to 24 (1) the marriage or adoption of the minor child; 25 (2) the performance or inducement of an abortion on or for the minor 26 child; or 27 (3) the termination of parental rights to the minor child. 28 (b) A parent of a minor child may revoke the power of attorney made by the 29 parent under (a) of this section at any time. A parent of a minor child may revoke a 30 power of attorney that another parent of the minor child has made under (a) of this 31 section. If a parent revokes a power of attorney, the attorney-in-fact shall return the
01 minor child to the custody of the parent as soon as reasonably possible after the 02 revocation. 03 (c) Except as provided in (d) of this section, a power of attorney under this 04 section is not effective for a period that exceeds one year. However, after a power of 05 attorney expires under this subsection, a parent may enter into a new power of 06 attorney. 07 (d) A power of attorney made by a military parent may be effective for a 08 period that exceeds one year if the military parent is on active duty, but the power of 09 attorney is not effective for a period that exceeds the length of the active duty plus 30 10 days. 11 (e) Unless a parent revokes a power of attorney, the attorney-in-fact shall 12 exercise the power in the power of attorney without compensation for the duration of 13 the power of attorney. 14 (f) To designate an attorney-in-fact under this section, a parent shall execute a 15 power of attorney that is in substantially the following form: 16 STATUTORY FORM FOR POWER OF ATTORNEY 17 TO DELEGATE THE POWERS OF A PARENT 18 Section 1. I certify that I am the parent of 19 ______________________________ ___________________________ 20 (Full name of minor child) (Date of birth) 21 ______________________________ ___________________________ 22 (Full name of minor child) (Date of birth) 23 ______________________________ ___________________________ 24 (Full name of minor child) (Date of birth) 25 who is/are minor children. 26 Section 2. I designate _________________________ (Full name of attorney- 27 in-fact), ________________________________________________________ 28 (Street address, city, state, and zip code of attorney-in-fact) 29 ______________________________ ___________________________ 30 (Home telephone of attorney-in-fact) (Work telephone of attorney-in- 31 fact)
01 as the attorney-in-fact of each minor child named above. 02 Section 3. I delegate to the attorney-in-fact all of my power and authority 03 regarding the care and custody of each minor child named above, including the 04 right to enroll the child in school, the right to inspect and obtain copies of 05 education records and other records concerning the child, the right to attend 06 school activities and other functions concerning the child, and the right to give 07 or withhold any consent or waiver with respect to school activities, medical 08 treatment, dental treatment, and other activity, function, or treatment that may 09 concern the minor child. This delegation does not include the power or 10 authority to consent to the marriage or adoption of the minor child, the 11 performance or inducement of an abortion on or for the minor child, or the 12 termination of parental rights to the minor child. 13 OR 14 Section 4. I delegate to my attorney-in-fact the following specific powers and 15 responsibilities (write in): 16 _______________________________________________________________ 17 _______________________________________________________________ 18 Delegation under this section does not include the power or authority to 19 consent to the marriage or adoption of the minor child, the performance or 20 inducement of an abortion on or for the minor child, or the termination of 21 parental rights to the minor child. 22 (If you complete Section 4, Section 3 does not apply). 23 Section 5. This power of attorney is effective for a period not to exceed one 24 year, beginning _____________, 20 _____, and ending _______, 20 _____. I 25 reserve the right to revoke this authority at any time. 26 OR 27 Section 6. I am a military parent under AS 13.29.535(d). My active duty is 28 scheduled to begin on _____________, 20 _____, and is estimated to end on 29 ____________, 20 _____. I acknowledge that this power of attorney will not 30 last more than one year, or the term of my active duty service plus 30 days, 31 whichever period is longer.
01 By: ___________________________ 02 (parent signature) 03 Section 7. I hereby accept my designation as attorney-in-fact for the minor 04 child/children identified in this power of attorney. 05 ________________________________ 06 (Attorney-in-fact signature) 07 State of _____________ 08 _______ Judicial District 09 ACKNOWLEDGMENT 10 Before me, the undersigned, a Notary Public, in and for the Judicial District 11 and State identified above, on this ____ day of _____________, 20 ____, 12 personally appeared _________________________ (name of parent) and 13 _________________________ (name of attorney-in-fact), to me known to be 14 the persons who executed this power of attorney, and each acknowledged to 15 me that each executed the same as the person's free and voluntary act and deed 16 for the uses and purposes set out in this power of attorney. 17 Witness my hand and official seal the day and year written above. 18 _________________________________ 19 (Signature of notary public) 20 (Seal, if any) 21 _________________________________ 22 (Title and rank) 23 My commission expires: _____________ 24 (g) A power of attorney does not change parental rights, legal rights, 25 obligations, or other authority established by an existing court order and does not 26 deprive the parent of rights, obligations, or other authority relating to the custody, 27 visitation, or support of the minor child. 28 (h) Except as otherwise determined under another statute, the execution of a 29 power of attorney by a parent does not constitute abandonment, neglect, or abuse of 30 the minor child or ward under AS 47.10.013 - 47.10.015, unless the parent fails, after 31 the power of attorney terminates, to retake custody of the child and does not execute a
01 new power of attorney. 02 (i) Under a power of attorney, a minor child is not considered to be in foster 03 care, and the attorney-in-fact is not considered to be providing foster care for which a 04 license is required under AS 47.32. 05 (j) In this section, 06 (1) "active duty" means military duties that are performed full time; 07 (2) "attorney-in-fact" means the individual to whom a parent gives a 08 power under a power of attorney; 09 (3) "foster care" means care provided by a person for which a foster 10 home license is required by AS 47.32; 11 (4) "military parent" means a person who is a parent of a minor and 12 who is a member of 13 (A) the armed forces of the United States; 14 (B) a reserve component of the armed forces of the United 15 States; 16 (C) the National Oceanic and Atmospheric Administration 17 Commissioned Officer Corps or the United States Public Health Service 18 Commissioned Corps, if the member is 19 (i) assigned by proper authority to duty with the armed 20 forces of the United States; or 21 (ii) required to serve on active duty with the armed 22 forces of the United States under a call or order of the President of the 23 United States, or to serve on active duty with the military forces of the 24 state; 25 (5) "minor child" means a natural person who is under 18 years of age, 26 including a stepchild or a grandchild, but not including a foster child; 27 (6) "parent" includes a stepparent or a grandparent, and a parent who is 28 incarcerated for a criminal conviction, but not a foster parent; 29 (7) "power of attorney" means a power of attorney entered into under 30 this section. 31 Sec. 13.29.540. Psychotropic medication influencing individuals subject to
01 guardianship or respondents at judicial hearings. (a) An individual subject to 02 guardianship or respondent has a right to participate to the maximum extent possible 03 in all judicial proceedings concerning the individual subject to guardianship or 04 respondent and to be free from the influence of psychotropic medication during the 05 proceedings. 06 (b) It is the responsibility of the attorney for the individual subject to 07 guardianship or respondent to determine if the individual subject to guardianship or 08 respondent is being treated with psychotropic medication the effects of which would 09 continue during the judicial proceedings and, if so, to inform the court in writing a 10 reasonable time before the hearing. 11 (c) The court, upon receipt of the information provided under (b) of this 12 section, shall require a medical examination of the individual subject to guardianship 13 or respondent, if the court determines that the medical examination is necessary, and 14 shall determine the advisability of continuation or suspension of the treatment for the 15 duration of the judicial proceedings. The court may make any appropriate order it 16 considers necessary. The court in making its determination shall balance the interest of 17 maximum participation of the individual subject to guardianship or respondent in the 18 hearings against the medical and rehabilitative needs of the individual subject to 19 guardianship or respondent. 20 (d) If the individual subject to guardianship or respondent is under the 21 influence of psychotropic medication during the judicial proceeding determining 22 capacity, the trier of fact shall take that fact into consideration in making its 23 determination. 24 Sec. 13.29.545. Emergency authorization of services. If no guardianship 25 petition is pending under AS 13.29.005 - 13.29.150 but the court is informed of a 26 person who is apparently incapacitated and in need of emergency life-saving services, 27 the court may authorize the services upon determining that delay until a guardianship 28 hearing can be held would entail a life-threatening risk to the person. 29 Sec. 13.29.590. Definitions. (a) In this chapter, 30 (1) "adult" means an individual at least 18 years of age or an 31 emancipated individual under 18 years of age;
01 (2) "adult subject to conservatorship" means an adult for whom a 02 conservator has been appointed under this chapter; 03 (3) "adult subject to guardianship" means an adult for whom a 04 guardian has been appointed under this chapter; 05 (4) "claim" includes a claim against an individual or conservatorship 06 estate, whether arising in contract, tort, or otherwise; 07 (5) "conservatorship estate" means property subject to conservatorship 08 under this chapter; 09 (6) "ex parte protective arrangement" means a court order entered 10 under AS 13.29.333(b); 11 (7) "guardian ad litem" means a person appointed to inform the court 12 about, and to represent, the needs and best interest of an individual; 13 (8) "less restrictive alternative" means an approach to meeting an 14 individual's needs that restricts fewer rights of the individual than the appointment of a 15 guardian or conservator would; "less restrictive alternative" includes supported 16 decision-making, appropriate technological assistance, appointment of a representative 17 payee, and appointment of an agent by the individual, including appointment under a 18 durable power of attorney for health care under AS 13.52 or power of attorney under 19 AS 13.26; 20 (9) "letters of office" means a record issued by a court certifying a 21 guardian's or conservator's authority to act; 22 (10) "minor" means an unemancipated individual under 18 years of 23 age; 24 (11) "minor subject to conservatorship" means a minor for whom a 25 conservator has been appointed under this chapter; 26 (12) "minor subject to guardianship" means a minor for whom a 27 guardian has been appointed under this chapter; 28 (13) "parent" does not include an individual whose parental rights have 29 been terminated; 30 (14) "property" includes tangible and intangible property; 31 (15) "protective arrangement instead of conservatorship" means a court
01 order entered under AS 13.29.330 or 13.29.333(e); 02 (16) "protective arrangement instead of guardianship" means a court 03 order entered under AS 13.29.325 or 13.29.333(e); 04 (17) "protective arrangement under AS 13.29.320 - 13.29.375" means 05 a court order entered under AS 13.29.325, 13.29.330, or 13.29.333; 06 (18) "record" means, when used as a noun, information that is 07 inscribed on a tangible medium or that is stored in an electronic or other medium and 08 is retrievable in perceivable form; 09 (19) "standby guardian" means a person appointed by the court under 10 AS 13.29.035; 11 (20) "state" means a state of the United States, the District of 12 Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular 13 possession subject to the jurisdiction of the United States; "state" includes a federally 14 recognized Indian tribe; 15 (21) "supported decision-making" means assistance from one or more 16 persons of an individual's choosing in understanding the nature and consequences of 17 potential personal and financial decisions, which enables the individual to make the 18 decisions, and in communicating a decision once made if consistent with the 19 individual's wishes. 20 (b) Unless otherwise apparent from the context, in AS 13.06 - AS 13.36, 21 (1) "conservator" means a person or persons appointed by a court to 22 make decisions with respect to the property or financial affairs of an individual subject 23 to conservatorship; 24 (2) "department" means the Department of Commerce, Community, 25 and Economic Development; 26 (3) "full conservatorship" means a conservatorship that grants the 27 conservator all powers available under this chapter; 28 (4) "full guardianship" means a guardianship that grants the guardian 29 all powers available under this chapter; 30 (5) "guardian" means a person or persons appointed by the court to 31 make decisions with respect to the personal affairs of an individual;
01 (6) "incapacitated person" means a person whose ability to receive and 02 evaluate information or to communicate decisions is impaired for reasons other than 03 minority to the extent that the person lacks the ability to provide the essential 04 requirements for the person's physical health or safety without court-ordered 05 assistance; 06 (7) "individual subject to conservatorship" means an adult or minor for 07 whom a conservator has been appointed under this chapter; 08 (8) "individual subject to guardianship" means an adult or minor for 09 whom a guardian has been appointed under this chapter; 10 (9) "limited conservatorship" means a conservatorship that grants the 11 conservator fewer powers than available under this chapter, grants powers over only 12 certain property, or otherwise restricts the powers of the conservator; 13 (10) "limited guardianship" means a guardianship that grants the 14 guardian fewer powers than available under this chapter or otherwise restricts the 15 powers of the guardian; 16 (11) "private professional conservator" means a person, other than the 17 public guardian, who is licensed under AS 08.26 or exempt under AS 08.26.180; 18 (12) "private professional guardian" means a person, other than the 19 public guardian, who is licensed under AS 08.26 or exempt under AS 08.26.180; 20 (13) "protective proceeding" means a proceeding under the provisions 21 of AS 13.29.155 to determine that a person cannot effectively manage or apply the 22 person's estate to necessary ends, either because the person lacks the ability or is 23 otherwise inconvenienced, or because the person is a minor, and to secure 24 administration of the estate by a conservator or other appropriate relief; 25 (14) "respondent" means an individual for whom appointment of a 26 guardian or conservator, an ex parte protective arrangement, or a protective 27 arrangement instead of guardianship or conservatorship is sought; 28 (15) "visitor" means a person trained or experienced in law, medical 29 care, mental health care, pastoral care, education, rehabilitation, or social work, who is 30 an officer, employee, or special appointee of the court with no personal interest in the 31 proceedings.
01 Sec. 13.29.595. Short title. This chapter may be cited as the Uniform 02 Guardianship, Conservatorship, and Other Protective Arrangements Act. 03 * Sec. 67. AS 13.36.280(b) is amended to read: 04 (b) AS 13.36.225 - 13.36.290 govern only decisions or actions of personal 05 representatives under AS 13.16.350(a) [OR OF CONSERVATORS UNDER 06 AS 13.26.500 THAT OCCUR] on or after May 23, 1998. 07 * Sec. 68. AS 13.38.980(12) is amended to read: 08 (12) "sui juris beneficiary" includes 09 (A) a court-appointed guardian of a [AN INCAPACITATED] 10 beneficiary subject to guardianship; 11 (B) an agent for an incompetent beneficiary; and 12 (C) a court-appointed guardian of a minor beneficiary's estate; 13 * Sec. 69. AS 13.52.020(c) is amended to read: 14 (c) In the case of mental illness, an advance health care directive may be 15 revoked in whole or in part at any time by the principal if the principal does not lack 16 capacity and is competent. A revocation is effective when a competent principal with 17 capacity communicates the revocation to a physician or other health care provider. The 18 physician or other health care provider shall note the revocation on the principal's 19 medical record. In the case of mental illness, the authority of a named agent and an 20 alternative agent named in the advance health care directive continues in effect as long 21 as the advance health care directive appointing the agent is in effect or until the agent 22 has withdrawn. For the purposes of this subsection, a principal is not considered 23 competent when 24 (1) it is the opinion of the court in a guardianship proceeding under 25 AS 13.29 [AS 13.26], the opinion of two physicians, at least one of whom is a 26 psychiatrist, or the opinion of a physician and a professional mental health clinician, 27 that the principal is not competent; or 28 (2) a court in a hearing under AS 47.30.735, 47.30.750, or 47.30.770 29 determines that the principal is gravely disabled; in this paragraph, "gravely disabled" 30 has the meaning given in AS 47.30.915 [AS 47.30.915(9)(B)]. 31 * Sec. 70. AS 13.52.140 is amended to read:
01 Sec. 13.52.140. Judicial relief. On petition of a patient, the patient's agent, 02 guardian, or surrogate, or a health care provider or institution involved with the 03 patient's care, the superior court may enjoin or direct a health care decision or order 04 other equitable relief. A proceeding under this section is governed by AS 13.29 05 [AS 13.26.201 - 13.26.580]. 06 * Sec. 71. AS 13.56.190(4) is amended to read: 07 (4) "conservator" means a person appointed a conservator under 08 AS 13.29.155 - 13.29.315 [AS 13.26.401 - 13.26.595] or a similar law of another 09 state; 10 * Sec. 72. AS 13.56.190(7) is amended to read: 11 (7) "guardian" means a person appointed a guardian under 12 AS 13.29.060 - 13.29.150 [AS 13.26.201 - 13.26.316] or a similar law of another 13 state; 14 * Sec. 73. AS 13.63.110 is amended to read: 15 Sec. 13.63.110. Disclosure of digital assets to conservator of individual 16 subject to conservatorship [PROTECTED PERSON]. (a) After an opportunity for 17 a hearing under AS 13.29.155 - 13.29.315 [AS 13.26.401 - 13.26.595], the superior 18 court may grant a conservator access to the digital assets of an individual subject to 19 conservatorship [A PROTECTED PERSON EXCEPT THAT, IF THE 20 CONSERVATOR IS A GUARDIAN WITH THE POWERS AND DUTIES OF A 21 CONSERVATOR UNDER AS 13.26.316(c), THE SUPERIOR COURT MAY 22 GRANT THE CONSERVATOR ACCESS TO THE DIGITAL ASSETS OF A 23 PROTECTED PERSON AFTER AN OPPORTUNITY FOR A HEARING UNDER 24 AS 13.26.201 - 13.26.316]. 25 (b) Unless otherwise ordered by the superior court or directed by the user, a 26 custodian shall disclose to a conservator the catalog of electronic communications sent 27 or received by an individual subject to conservatorship [A PROTECTED 28 PERSON] and any digital assets, other than the content of electronic communications, 29 in which the individual subject to conservatorship [PROTECTED PERSON] has a 30 right or interest if the conservator gives the custodian 31 (1) a written request for disclosure in physical or electronic form;
01 (2) a certified copy of the superior court order that gives the 02 conservator authority over the digital assets of the individual subject to 03 conservatorship [PROTECTED PERSON]; and 04 (3) if requested by the custodian, 05 (A) a number, username, address, or other unique subscriber or 06 account identifier assigned by the custodian to identify the account of the 07 individual subject to conservatorship [PROTECTED PERSON]; or 08 (B) evidence linking the account to the individual subject to 09 conservatorship [PROTECTED PERSON]. 10 (c) A conservator with general authority to manage the assets of an individual 11 subject to conservatorship [A PROTECTED PERSON] may request a custodian of 12 the digital assets of the individual subject to conservatorship [PROTECTED 13 PERSON] to suspend or terminate an account of the individual subject to 14 conservatorship [PROTECTED PERSON] for good cause. A request made under this 15 subsection must be accompanied by a certified copy of the superior court order giving 16 the conservator authority over the [PROTECTED PERSON'S] property of the 17 individual subject to conservatorship. 18 * Sec. 74. AS 13.63.120(c) is amended to read: 19 (c) A fiduciary with authority over the property of a decedent, individual 20 subject to conservatorship [PROTECTED PERSON], principal, or settlor has the 21 right to access any digital asset in which the decedent, individual subject to 22 conservatorship [PROTECTED PERSON], principal, or settlor had a right or interest 23 and that is not held by a custodian or subject to a terms-of-service agreement. 24 * Sec. 75. AS 13.63.120(d) is amended to read: 25 (d) A fiduciary acting within the scope of the fiduciary's duties is an 26 authorized user of the property of the decedent, individual subject to 27 conservatorship [PROTECTED PERSON], principal, or settlor for the purpose of 28 applicable computer-fraud and unauthorized-computer-access laws, including 29 AS 11.46.200, 11.46.484(a)(3), and 11.46.740. 30 * Sec. 76. AS 13.63.120(e) is amended to read: 31 (e) A fiduciary with authority over the tangible personal property of a
01 decedent, individual subject to conservatorship [PROTECTED PERSON], 02 principal, or settlor 03 (1) has the right to access the property and any digital asset stored in it; 04 and 05 (2) is an authorized user for the purpose of computer-fraud and 06 unauthorized-computer-access laws, including AS 11.46.200, 11.46.484(a)(3), and 07 11.46.740. 08 * Sec. 77. AS 13.63.130(e) is amended to read: 09 (e) This chapter does not limit a custodian's ability to obtain or to require a 10 fiduciary or designated recipient requesting disclosure or termination under this 11 chapter to obtain a superior court order that 12 (1) specifies that an account belongs to the individual subject to 13 conservatorship [PROTECTED PERSON] or principal; 14 (2) specifies that there is sufficient consent from the individual 15 subject to conservatorship [PROTECTED PERSON] or principal to support the 16 requested disclosure; and 17 (3) contains a finding required by law other than this chapter. 18 * Sec. 78. AS 13.70.030(b) is amended to read: 19 (b) With court approval, a fiduciary may disclaim, in whole or part, any 20 interest in or power over property, including a power of appointment. Without court 21 approval, a fiduciary may not disclaim, in whole or in part, any interest in or power 22 over property, including a power of appointment, except that 23 (1) a fiduciary may disclaim, in whole or in part, any interest in or 24 power over property, including a power of appointment, if and to the extent that the 25 instrument creating the fiduciary relationship grants the fiduciary the right to disclaim; 26 (2) in the absence of a court-appointed guardian, notwithstanding a 27 provision in AS 13.29 [AS 13.26] to the contrary, an individual having legal custody 28 of a minor child may disclaim on behalf of the minor child, in whole or in part, any 29 interest in or power over property, including a power of appointment, that the minor 30 child is to receive solely as a result of another disclaimer, but only if the interest or 31 power disclaimed by the individual having legal custody does not pass, as a result of
01 the disclaimer, to or for the benefit of the individual having legal custody. 02 * Sec. 79. AS 13.90.010(d)(3) is amended to read: 03 (3) "fiduciary" includes guardians and conservators under AS 13.29 04 [AS 13.26], persons performing the trustee activities described under AS 06.05.180 05 whether or not the persons are covered by AS 06.05.180, and other persons acting in a 06 fiduciary capacity; 07 * Sec. 80. AS 18.65.540(a) is amended to read: 08 (a) The Department of Public Safety shall maintain a central registry of 09 protective orders issued by or filed with a court of this state under AS 13.29.333 10 [AS 13.26.450 - 13.26.460], AS 18.65.850 - 18.65.870, or AS 18.66.100 - 18.66.180. 11 The registry must include, for each protective order, the names of the petitioner and 12 respondent, their dates of birth, and the conditions and duration of the order. The 13 registry shall retain a record of the protective order after it has expired. 14 * Sec. 81. AS 18.65.540(b) is amended to read: 15 (b) A peace officer receiving a protective order from a court under 16 AS 13.29.333 [AS 13.26.450, 13.26.455], AS 18.65.850 - 18.65.855, or AS 18.66.100 17 - 18.66.180, a modified order issued under [AS 13.26.460,] AS 18.65.860 [,] or 18 AS 18.66.120, or an order dismissing a protective order shall take reasonable steps to 19 ensure that the order, modified order, or dismissal is entered into the central registry 20 within 24 hours after being received. 21 * Sec. 82. AS 25.23.040(b) is amended to read: 22 (b) A petition to adopt an adult may be granted only if written consent to 23 adoption has been executed by the adult and the adult's spouse or by the guardian or 24 conservator of an [INCAPACITATED] adult. 25 * Sec. 83. AS 25.23.060(c) is amended to read: 26 (c) A consent executed under this section is effective as a power of attorney 27 under AS 13.29.535 [AS 13.26.066]. Unless the consent form provides otherwise, and 28 regardless of whether the form names or identifies the adoptive parent, the consent 29 delegates to the adoptive parent all powers that may be delegated under AS 13.29.535 30 [AS 13.26.066]. The power of attorney takes effect when the child is delivered to the 31 adoptive parent, and remains in effect as long as the consent is in effect; but the power
01 of attorney is not effective beyond one year, unless the court extends it for good cause. 02 The power of attorney does not terminate on the death or disability of the person 03 executing the consent, unless the consent form so states. This subsection may not be 04 construed to alter the requirements of AS 47.70 (the Interstate Compact on the 05 Placement of Children). 06 * Sec. 84. AS 25.23.200 is amended to read: 07 Sec. 25.23.200. Investigation of home for subsidized hard-to-place child. 08 Persons who are caring for a hard-to-place child on a foster parent basis and who have 09 applied to adopt the hard-to-place child and to receive payments for the care and 10 support of the hard-to-place child shall be evaluated as to their suitability as adoptive 11 parents by means of an adoptive home study. Persons who are caring for a hard-to- 12 place child in the state's custody and who wish to be appointed legal guardians of the 13 child under AS 13.29.005 [AS 13.26.132], and to receive payments for the care and 14 support of the child, shall be evaluated as to their suitability as guardians by means of 15 a guardianship study. A home study or guardianship study shall be made by the 16 commissioner's adoption staff or on the commissioner's behalf by an authorized 17 agency or individual that provides adoption services. 18 * Sec. 85. AS 34.25.050(a) is amended to read: 19 (a) A sale of real property heretofore or hereafter made by an executor, 20 administrator, or guardian is sufficient to sustain an executor's, administrator's, or 21 guardian's deed to the purchaser for the real property when 22 (1) made of the decedent's or individual subject to guardianship or 23 conservatorship's [, WARD'S, OR INCOMPETENT PERSON'S] real property in 24 the state to a purchaser for a valuable consideration; 25 (2) the consideration is paid by the purchaser to the executor, 26 administrator, or guardian, or the successor of the executor, administrator, or guardian, 27 in good faith; and 28 (3) the sale is not set aside by the court, but is confirmed or acquiesced 29 in by the court. 30 * Sec. 86. AS 34.25.050(c) is amended to read: 31 (c) The deed is sufficient to convey to the purchaser all the title that the
01 decedent or individual subject to guardianship or conservatorship [, WARD, OR 02 INCOMPETENT] had in the real property. 03 * Sec. 87. AS 38.05.190(a) is amended to read: 04 (a) Except as provided in (b) of this section, exploration and mining rights 05 under AS 38.05.185 - 38.05.275 may be acquired or held only by 06 (1) citizens of the United States at least 18 years of age; 07 (2) legal guardians, conservators, or trustees of citizens of the United 08 States under 18 years of age or adult citizens of the United States that are 09 incapacitated persons [ADULTS] under AS 13.29 [AS 13.26] on behalf of the 10 citizens; 11 (3) individuals at least 18 years of age who have declared their 12 intention to become citizens of the United States; 13 (4) aliens at least 18 years of age if the laws of their country grant like 14 privileges to citizens of the United States; 15 (5) corporations, limited liability companies, or other entities that are 16 organized under the laws of the United States or of any state or territory of the United 17 States and qualified to do business in this state; 18 (6) trusts that are registered in this state under AS 13.36 and for which 19 at least one trustee is a person described in (1) - (5) of this subsection; or 20 (7) associations of persons described in (1) - (6) of this subsection. 21 * Sec. 88. AS 44.21.410(a) is amended to read: 22 (a) The office of public advocacy shall 23 (1) perform the duties of the public guardian under AS 13.26.700 - 24 13.26.750; 25 (2) provide guardian ad litem services to children in child protection 26 actions under AS 47.17.030(e) and to individuals subject to guardianship [WARDS] 27 and respondents in guardianship proceedings who will suffer financial hardship or 28 become dependent upon a government agency or a private person or agency if the 29 services are not provided at state expense under AS 13.29.470(b) [AS 13.26.041]; 30 (3) provide legal representation in cases involving judicial bypass 31 procedures for minors seeking abortions under AS 18.16.030, in proceedings where a
01 court appoints an attorney to an individual under AS 13.29 while the individual is 02 financially unable to employ an attorney [GUARDIANSHIP PROCEEDINGS TO 03 RESPONDENTS WHO ARE FINANCIALLY UNABLE TO EMPLOY 04 ATTORNEYS UNDER AS 13.26.226(b)], to indigent parties in cases involving child 05 custody in which the opposing party is represented by counsel provided by a public 06 agency, and to indigent parents or guardians of a minor respondent in a commitment 07 proceeding concerning the minor under AS 47.30.775; 08 (4) provide legal representation and guardian ad litem services under 09 AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in 10 cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the 11 termination of parental rights under AS 25.23.180(c)(2); in cases involving petitions to 12 remove the disabilities of a minor under AS 09.55.590; in children's proceedings under 13 AS 47.10.050(a) or under AS 47.12.090; in cases involving appointments under 14 AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases 15 involving indigent persons who are entitled to representation under AS 18.85.100 and 16 who cannot be represented by the public defender agency because of a conflict of 17 interests; 18 (5) develop and coordinate a program to recruit, select, train, assign, 19 and supervise volunteer guardians ad litem from local communities to aid in delivering 20 services in cases in which the office of public advocacy is appointed as guardian ad 21 litem; 22 (6) Provide guardian ad litem services in proceedings under 23 AS 12.45.046 or AS 18.15.355 - 18.15.395; 24 (7) establish a fee schedule and collect fees for services provided by 25 the office, except as provided in AS 18.85.120 or when imposition or collection of a 26 fee is not in the public interest as defined under regulations adopted by the 27 commissioner of administration; 28 (8) provide guardians ad litem in proceedings under AS 47.30.839; 29 (9) provide legal representation to an indigent parent of a child with a 30 disability; in this paragraph, "child with a disability" has the meaning given in 31 AS 14.30.350;
01 (10) investigate complaints and bring civil actions under 02 AS 44.21.415(a) involving fraud committed against residents of the state who are 60 03 years of age or older; in this paragraph, "fraud" has the meaning given in 04 AS 44.21.415. 05 * Sec. 89. AS 44.21.440(b) is amended to read: 06 (b) The office of public advocacy may not use improper pressure to influence 07 the professional judgment of a person who is paid by the office of public advocacy to 08 act as an attorney or a guardian ad litem for a guardianship or conservatorship 09 established under AS 13.29 [AS 13.26]. 10 * Sec. 90. AS 44.41.025(d) is amended to read: 11 (d) Each of the following may submit a complete set of fingerprints of the 12 person designated for inclusion in the Alaska automated fingerprint system: 13 (1) a person may submit the person's own fingerprints; 14 (2) the parent or guardian of a minor who is two years of age or older 15 may submit the minor's fingerprints; and 16 (3) the guardian or conservator of a person under AS 13.29 [AS 13.26] 17 may submit the fingerprints of the person protected by the guardian or conservator. 18 * Sec. 91. AS 45.48.220 is amended to read: 19 Sec. 45.48.220. Request by parent or legal guardian. A parent, legal 20 guardian, or conservator of a minor, incapacitated person, or individual subject to 21 guardianship or conservatorship [PROTECTED PERSON] may make a request 22 under AS 45.48.100 - 45.48.290 on behalf of a consumer who is the minor, 23 incapacitated person, or individual subject to guardianship or conservatorship 24 [PROTECTED PERSON] under the supervision of that parent, legal guardian, or 25 conservator. If a consumer credit report does not exist at the time of a request under 26 this section, the consumer credit reporting agency shall generate a consumer credit 27 report for the purpose of placing a security freeze. In this section, 28 (1) "conservator" means a person appointed or qualified by a court to 29 manage the property of an individual or a person legally authorized to perform 30 substantially the same functions, including under AS 13.29.155 - 13.29.315; 31 (2) "incapacitated person" has the meaning given in as 47.24.900;
01 (3) "individual subject to conservatorship" means an individual 02 for whom a conservator has been appointed; 03 (4) "individual subject to guardianship" means an individual for 04 whom a guardian has been appointed; 05 (5) "minor" means a child under 18 years of age who has not had the 06 disabilities of a minor removed as described in AS 09.55.590 [; 07 (4) "PROTECTED PERSON" HAS THE MEANING GIVEN IN 08 AS 13.27.490]. 09 * Sec. 92. AS 47.10.086(a) is amended to read: 10 (a) Except as provided in (b), (c), and (g) of this section, the department shall 11 make timely, reasonable efforts to provide family support services to the child and to 12 the parents or guardian of the child that are designed to prevent out-of-home 13 placement of the child or to enable the safe return of the child to the family home, 14 when appropriate, if the child is in an out-of-home placement. The department's duty 15 to make reasonable efforts under this subsection includes the duty to 16 (1) identify family support services that will assist the parent or 17 guardian in remedying the conduct or conditions in the home that made the child a 18 child in need of aid; 19 (2) actively offer the parent or guardian, and refer the parent or 20 guardian to, the services identified under (1) of this subsection; the department shall 21 refer the parent or guardian to, and distribute to the parent or guardian information on, 22 community-based family support services whenever community-based services are 23 available and desired by the parent or guardian; the information may include the use of 24 a power of attorney under AS 13.29.535 [AS 13.26.066] to select an individual to care 25 for the child temporarily; and 26 (3) document the department's actions that are taken under (1) and (2) 27 of this subsection. 28 * Sec. 93. AS 47.10.111(a) is amended to read: 29 (a) Except as provided under AS 13.29.425(e)(2) [AS 13.26.137(b)(2)] and 30 AS 25.23.030(d)(2), if a person seeks adoption or appointment as legal guardian of a 31 child in state custody under this chapter, the court shall hear the adoption or
01 guardianship proceedings as part of the child-in-need-of-aid proceedings relating to 02 the child. A person may initiate proceedings for the adoption or legal guardianship of a 03 child in state custody under this chapter by filing with the court a petition 04 (1) for adoption that meets the requirements of AS 25.23.080; or 05 (2) to be appointed legal guardian that meets the requirements of 06 AS 13.29.005 - 13.29.055 [AS 13.26.147]. 07 * Sec. 94. AS 47.10.111(f) is amended to read: 08 (f) Except as provided in this section, the requirements of AS 25.23 apply to a 09 petition for adoption filed under this section, and the requirements of AS 13.29.005 - 10 13.29.055 [AS 13.26.101 - 13.26.186] apply to a petition for legal guardianship filed 11 under this section. 12 * Sec. 95. AS 47.10.112(b) is amended to read: 13 (b) A proxy filed under this section does not initiate proceedings for adoption 14 or legal guardianship. A person seeking to adopt a child in state custody must file a 15 petition for adoption as required under AS 25.23. A person seeking to be appointed 16 legal guardian of a child in state custody must file a petition for appointment as 17 required under AS 13.29.005 - 13.29.055 [AS 13.26.101 - 13.26.186]. 18 * Sec. 96. AS 47.24.015(c) is amended to read: 19 (c) The department or its designee shall immediately terminate an 20 investigation under this section upon the request of the vulnerable adult who is the 21 subject of the report made under AS 47.24.010. However, the department or its 22 designee may not terminate the investigation if the investigation to that point has 23 resulted in probable cause to believe that the vulnerable adult is in need of protective 24 services and the request is made personally by the vulnerable adult and the vulnerable 25 adult is not competent to make the request on the adult's own behalf, or the request is 26 made by the vulnerable adult's guardian, attorney-in-fact, or surrogate decision maker 27 and that person is the alleged perpetrator of the undue influence, abandonment, 28 exploitation, abuse, or neglect of the vulnerable adult and is being investigated under 29 this chapter. If the department has probable cause to believe that the vulnerable adult 30 is in need of protective services, 31 (1) the department may petition the court as set out in AS 47.24.019;
01 (2) the department or its designee may refer the report made to the 02 department under AS 47.24.010 to a police officer for criminal investigation; or 03 (3) in cases involving fraud, the department or its designee may refer 04 the report made to the department under AS 47.24.010 to the office of public advocacy 05 for investigation; in this paragraph, "fraud" means 06 (A) robbery, extortion, and coercion under AS 11.41.500 - 07 11.41.530; 08 (B) offenses against property under AS 11.46.100 - 09 11.46.740; or 10 (C) exploitation of another person or another person's 11 resources for personal profit or advantage if no significant benefit accrues 12 to the person who is exploited [HAS THE MEANING GIVEN IN 13 AS 13.26.595]. 14 * Sec. 97. AS 47.24.019(a) is amended to read: 15 (a) If, after investigation under AS 47.24.015, the department has reasonable 16 cause to believe that a vulnerable adult is in need of protective services and is an 17 incapacitated person, the department may petition the court under AS 13.29 18 [AS 13.26] for appointment of a guardian or temporary guardian, or for a change of 19 guardian, for the vulnerable adult for the purpose of deciding whether to consent to the 20 receipt of protective services for the vulnerable adult. 21 * Sec. 98. AS 47.24.900(8) is amended to read: 22 (8) "exploitation" 23 (A) means unjust or improper use of another person or another 24 person's resources for one's own profit or advantage, with or without the 25 person's consent; and 26 (B) includes acts by a person who stands in a position of trust 27 or confidence with a vulnerable adult or who knows or should know that the 28 vulnerable adult lacks the capacity to consent that involve obtaining profit or 29 advantage through undue influence, deception, fraud, intimidation, or breach of 30 fiduciary duty; in this subparagraph, "fraud" means 31 (i) robbery, extortion, and coercion under
01 AS 11.41.500 - 11.41.530; or 02 (ii) offenses against property under AS 11.46.100 - 03 11.46.740 [HAS THE MEANING GIVEN IN AS 13.26.595(1) AND 04 (2)]; 05 * Sec. 99. AS 47.24.900(15) is amended to read: 06 (15) "protective services" means services that are intended to prevent 07 or alleviate harm resulting from undue influence, abandonment, exploitation, abuse, 08 neglect, or self-neglect and that are provided to a vulnerable adult in need of 09 protection; in this paragraph, "services" includes 10 (A) protective placement; 11 (B) applying for or obtaining public benefits; 12 (C) obtaining health care services and supplies; 13 (D) staying financial transactions; 14 (E) petitioning for a protective arrangement [ORDER] under 15 AS 13.29.333 [AS 13.26.401 - 13.26.460]; 16 (F) assisting with personal hygiene; 17 (G) obtaining food and clothing; 18 (H) protection from physical and emotional abuse; 19 (I) obtaining representative payee services; and 20 (J) coordinating protective services; 21 * Sec. 100. AS 47.30.835(b) is amended to read: 22 (b) Court-ordered evaluation or treatment under AS 47.30.660 - 47.30.915 is 23 not a determination that an individual requires a guardianship, conservatorship, 24 or a protective arrangement instead of guardianship or conservatorship under 25 AS 13.29 [OF LEGAL INCAPACITY UNDER AS 13.26.005 - 13.26.580]. 26 * Sec. 101. AS 08.26.190(9), 08.26.190(10); AS 13.06.050(44), 13.06.050(45), 27 13.06.050(61); AS 13.26.001, 13.26.005, 13.26.010, 13.26.021, 13.26.031, 13.26.041, 28 13.26.051, 13.26.066, 13.26.101, 13.26.121, 13.26.126, 13.26.132, 13.26.137, 13.26.143, 29 13.26.147, 13.26.153, 13.26.157, 13.26.162, 13.26.167, 13.26.171, 13.26.181, 13.26.186, 30 13.26.201, 13.26.211, 13.26.216, 13.26.221, 13.26.226, 13.26.231, 13.26.236, 13.26.241, 31 13.26.246, 13.26.251, 13.26.256, 13.26.261, 13.26.266, 13.26.271, 13.26.276, 13.26.281,
01 13.26.286, 13.26.291, 13.26.296, 13.26.301, 13.26.306, 13.26.311, 13.26.316, 13.26.401, 02 13.26.406, 13.26.411, 13.26.415, 13.26.420, 13.26.425, 13.26.430, 13.26.435, 13.26.440, 03 13.26.445, 13.26.450, 13.26.455, 13.26.460, 13.26.465, 13.26.470, 13.26.475, 13.26.480, 04 13.26.485, 13.26.490, 13.26.495, 13.26.500, 13.26.505, 13.26.510, 13.26.515, 13.26.520, 05 13.26.525, 13.26.530, 13.26.535, 13.26.540, 13.26.545, 13.26.550, 13.26.555, 13.26.560, 06 13.26.565, 13.26.570, 13.26.575, 13.26.580, 13.26.595; AS 13.27.490(6), 13.27.490(9); 07 AS 13.52.040; and AS 13.63.190(19) are repealed. 08 * Sec. 102. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 INDIRECT COURT RULE AMENDMENT. The provisions of this Act have the 11 effect of changing the Alaska Rules of Probate Procedure. 12 * Sec. 103. The uncodified law of the State of Alaska is amended by adding a new section 13 to read: 14 INDIRECT COURT RULE AMENDMENT. AS 13.29.040(f), 13.29.115(f), and 15 13.29.215(f), enacted by sec. 66 of this Act, have the effect of changing Rule 77(c), Alaska 16 Rules of Civil Procedure, by requiring a hearing within five days of the appointment of an 17 emergency guardian or conservator. 18 * Sec. 104. The uncodified law of the State of Alaska is amended by adding a new section 19 to read: 20 APPLICABILITY. (a) This Act applies to a proceeding for appointment of a guardian 21 or conservator or for a protective arrangement instead of guardianship or conservatorship 22 commenced on or after the effective date of this Act. 23 (b) AS 11.56.740(a), as amended by sec. 22 of this Act, and AS 11.56.740(c), as 24 amended by sec. 23 of this Act, apply to offenses committed on or after the effective date of 25 this Act. 26 (c) AS 13.29.030(b) and 13.29.100(a), enacted by sec. 66 of this Act, apply to 27 appointments of guardians by will made on or after the effective date of this Act. 28 * Sec. 105. The uncodified law of the State of Alaska is amended by adding a new section 29 to read: 30 TRANSITION: POWER OF ATTORNEY FOR MINOR CHILD. (a) A power of 31 attorney executed by a guardian of a minor child under AS 13.26.066, repealed by sec. 101 of
01 this Act, before the effective date of this Act may remain in effect until the power of attorney 02 expires, is terminated, or is revoked, as provided under AS 13.26.066, as that section read on 03 the day before the effective date of this Act, and must otherwise comply with AS 13.26.066, 04 as that section read on the day before the effective date of this Act. 05 (b) A power of attorney executed by a parent of a minor child under AS 13.26.066, 06 repealed by sec. 101 of this Act, before the effective date of this Act may remain in effect 07 until the power of attorney expires, is terminated, or is revoked, as provided under 08 AS 13.26.066, as that section read on the day before the effective date of this Act, but must 09 otherwise comply with AS 13.29.535, enacted by sec. 66 of this Act. 10 * Sec. 106. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 TRANSITION: GUARDIANSHIP AND CONSERVATORSHIP. A guardianship or 13 conservatorship established under AS 13.26.001 - 13.26.595, repealed by sec. 101 of this Act, 14 that is in effect on the day before the effective date of this Act shall retain the powers and 15 duties assigned to the guardian or conservator until the guardianship or conservatorship is 16 terminated or modified. AS 13.29, enacted by sec. 66 of this Act, governs the termination or 17 modification of a guardianship or conservatorship under this section. 18 * Sec. 107. The uncodified law of the State of Alaska is amended by adding a new section 19 to read: 20 TRANSITION: PROTECTIVE ORDERS. A protective order issued under 21 AS 13.26.450, 13.26.455, or 13.26.460, repealed by sec. 101 of this Act, that is in effect on 22 the day before the effective date of this Act 23 (1) remains in effect until the date the protective order expires under 24 AS 13.26.450, 13.26.455, or 13.26.460, as those sections read on the day before the effective 25 date of this Act; and 26 (2) may be modified under AS 13.26.460, as that section read on the day 27 before the effective date of this Act. 28 * Sec. 108. The uncodified law of the State of Alaska is amended by adding a new section 29 to read: 30 CONDITIONAL EFFECT. This Act takes effect only if secs. 102 and 103 of this Act 31 receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of
01 the State of Alaska. 02 * Sec. 109. This Act takes effect July 1, 2027.