reglab/housing_qa huggingface dataset:
AK Stat § 13.26.680 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.680. Provisions applicable to statutory form power of attorney.

(a) For purposes of AS 13.26.645 - 13.26.665, (1) the incapacity of a principal shall be established by affidavit stating that the principal is unable to manage property or business affairs because the principal (A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance, and this impairment is the result of mental illness, mental deficiency, physical illness, physical disability, advanced age, use of drugs, chronic intoxication, or other similar medical or psychological reason, to such an extent that the principal is unable to manage the principal's property or affairs; or (B) is (i) missing; (ii) detained, including incarcerated in a penal system; or (iii) outside the United States and unable to return; and (2) if the incapacity is based on (1)(A) of this subsection, two physicians or similarly qualified medical professionals who have personally examined the principal shall sign the affidavit; however, the affidavit may be signed by only one physician or similarly qualified medical professional if only one physician or similarly qualified medical professional is available and the affidavit executed by the person states that only one physician or similarly qualified medical professional is available. (b) A third party who relies on the reasonable representations of an agent designated under AS 13.26.645 - 13.26.670 as to a matter relating to a power granted by a properly executed statutory form power of attorney does not incur a liability to the principal or the principal's heirs, assigns, or estate as a result of permitting the agent to exercise the authority granted by the power of attorney. (c) [Repealed, § 28 ch 50 SLA 2016.]
AK Stat § 13.26.695 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 5. Powers of Attorney.|Sec. 13.26.695. Definitions.

In AS 13.26.600 - 13.26.695, (1) “benefits from government programs or civil or military service” means a benefit, a program, or assistance provided under a statute or regulation, including social security, Medicare, and Medicaid; (2) “good faith” means honesty in fact; (3) “incapacity” means inability of an individual to manage property or business affairs because the individual (A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or (B) is (i) missing; (ii) detained, including incarcerated in a penal system; or (iii) outside the United States and unable to return; (4) “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of 26 U.S.C. (Internal Revenue Code): (A) an individual retirement account under 26 U.S.C. 408 (Internal Revenue Code), as amended; (B) a Roth IRA under 26 U.S.C. 408A (Internal Revenue Code), as amended; (C) an individual retirement account under 26 U.S.C. 408(q) (Internal Revenue Code), as amended; (D) an annuity or custodial account under 26 U.S.C. 403(b) (Internal Revenue Code), as amended; (E) a pension, profit-sharing, stock bonus, or other retirement plan qualified under 26 U.S.C. 401(a) (Internal Revenue Code), as amended; (F) a plan under 26 U.S.C. 457(b) (Internal Revenue Code), as amended; and (G) a nonqualified deferred compensation plan under 26 U.S.C. 409A (Internal Revenue Code), as amended.
AK Stat § 13.26.700 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 6. Public Guardians.|Sec. 13.26.700. Purpose.

The legislature recognizes that many Alaskans, for reasons of incapacity or minority, are in need of a guardian or conservator. Often these persons cannot find a person able and willing to serve as guardian or conservator. The legislature intends through AS 13.26.700 - 13.26.750 to establish the function of public guardian for the purpose of furnishing guardianship and conservatorship services. It further intends by establishing this function to provide assistance to guardians throughout the state in securing necessary services for their wards and to assist the courts, attorneys, visitors, respondents, and proposed guardians in the orderly and expeditious handling of guardianship proceedings.
AK Stat § 13.26.710 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 6. Public Guardians.|Sec. 13.26.710. Public guardian.

(a) The office of public advocacy (AS 44.21.400) shall serve as the public guardian. (b) A court may order the public guardian to act as full guardian, partial guardian, conservator, or special conservator for a person who is determined under this chapter to be in need of guardianship or conservatorship service if no person or private guardianship association is willing and qualified to perform the function.
AK Stat § 13.26.720 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 6. Public Guardians.|Sec. 13.26.720. Powers and duties of public guardian.

(a) The public guardian has the same powers and duties with respect to the public guardian's wards and protected persons as a private guardian or conservator. (b) The public guardian, when appointed as guardian or conservator, shall endeavor, for as long as practical, to find a suitable private guardian or conservator for the public guardian's ward or protected person. For each ward and protected person, the public guardian shall include in its annual report under AS 13.26.276(a) to the court having jurisdiction of the ward or protected person information on the availability of a private guardian or conservator. (c) The public guardian shall (1) establish and maintain relationships with governmental, public, and private agencies, institutions, and organizations to assure the most effective guardianship or conservatorship program for each ward and protected person; (2) visit each of the public guardian's wards and protected persons at least once every quarter to monitor their welfare; (3) keep and maintain financial and statistical records of all cases in which the public guardian provides guardianship or conservatorship services; (4) provide information and referrals to the public regarding guardianship and conservatorship proceedings, but not information that would identify a particular case; (5) assist guardians and court-appointed visitors of wards and respondents in the preparation and revision of guardianship plans and reports; (6) assist guardians to understand the disabilities of wards and to foster the increased independence of wards; (7) assist guardians in securing the rights, benefits, and services to which their wards are entitled; (8) develop and maintain a current listing of public and private medical, mental health, social advocacy, educational, rehabilitative, counseling, therapeutic, homemaking, recreational, and financial services and programs available to assist wards and protected persons and their families. (d) The public guardian may (1) contract for services necessary to carry out the duties of the public guardian's office; (2) accept the services of volunteer workers or consultants and reimburse them for their necessary expenses. (e) The records required to be kept and maintained under (c)(3) of this section are confidential and are not subject to inspection or copying under AS 40.25.110 - 40.25.120 unless the records are relevant to an investigation or proceeding involving the public guardian or a case in which the public guardian provided guardianship or conservatorship services.
AK Stat § 13.26.730 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 6. Public Guardians.|Sec. 13.26.730. Intervention by public guardian.

The public guardian may, on the public guardian's own motion or at the request of the court, intervene in a guardianship or conservatorship proceeding if the public guardian or the court considers the intervention to be justified because (1) an appointed guardian or conservator is not fulfilling duties; (2) the estate is subject to waste as a result of the costs of the guardianship or conservatorship; (3) a willing and qualified guardian or conservator is not available; or (4) the best interests of the ward, respondent, protected person, or person who is the subject of a conservatorship proceeding require the intervention.
AK Stat § 13.26.740 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 6. Public Guardians.|Sec. 13.26.740. Staff; delegation of powers and duties.

The public guardian may employ staff and delegate to members of the staff or to volunteers the powers and duties as guardian or conservator and other powers and duties under this chapter. However, the public guardian retains responsibility for the proper performance of the delegated powers and duties. The public guardian may only delegate powers and duties under this chapter to an individual who meets the eligibility requirements of AS 13.26.311 and has passed the criminal history record information check under AS 08.26.070. In addition, the individual must either hold a current certification as a guardian from a nationally recognized organization at the time of the delegation or apply for and receive that certification within one year of the delegation.
AK Stat § 13.26.750 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney|Article 6. Public Guardians.|Sec. 13.26.750. Allocation of costs of public guardian.

(a) The commissioner of administration may establish by regulation a schedule of reasonable fees for the costs of the public guardian's services. The fee schedule established may be based upon the ability of the ward or protected person to pay for guardian services but may not exceed the actual cost of providing public guardian services. The office of public advocacy shall charge and collect the fees established under this subsection, but may waive collection of a fee upon a finding that collection is not economically feasible or in the public interest. (b) [Repealed, § 79 ch 63 SLA 1993.]  (c) The public guardian may investigate the financial status of (1) a person who requests the appointment of the public guardian as the person's guardian or conservator; and (2) a ward for whom a court has appointed the public guardian. (d) The public guardian may require a person described in (c) of this section to execute and deliver written requests or authorizations necessary under law to provide the public guardian with access to records of public or private sources, otherwise confidential, needed to evaluate the person's financial eligibility. The public guardian may, upon request and without payment of fees otherwise required by law, obtain information from any office of the state or of a political subdivision or agency of the state that possesses public records. (e) Before the office of public advocacy releases a ward's funds following the termination of the public guardian's appointment, the office may collect from the ward's funds held by the office the reasonable value of the services rendered without cost to the ward or protected person. (f) The annual estimated balance in the account maintained under AS 37.05.142 may be used by the legislature to make appropriations to the Department of Administration to carry out the purposes of AS 44.21.400 - 44.21.410 (office of public advocacy).
AK Stat § 13.27.010 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 1. Application; Cooperation between Courts.|Sec. 13.27.010. International application of this chapter.

A court of this state may treat a foreign country as if it were a state for the purpose of applying AS 13.27.010 - 13.27.210, 13.27.400, 13.27.410, and 13.27.490.
AK Stat § 13.27.020 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 1. Application; Cooperation between Courts.|Sec. 13.27.020. Communication between courts.

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in (b) of this section, the court shall make a record of the communication. (b) Courts may communicate concerning administrative matters that involve schedules, calendars, and court records without making a record.
AK Stat § 13.27.030 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 1. Application; Cooperation between Courts.|Sec. 13.27.030. Cooperation between courts.

(a) In a guardianship or protective proceeding in this state, a court may request the appropriate court of another state to (1) hold an evidentiary hearing; (2) order a person in that state to produce evidence or give testimony under procedures of that state; (3) order that an evaluation or assessment be made of the respondent; (4) order any appropriate investigation of a person involved in a proceeding; (5) forward to the court a certified copy of the transcript or other record of a hearing under (1) of this subsection or any other proceeding, any evidence otherwise produced under (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under (3) or (4) of this subsection; (6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; (7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 160.103, as amended. (b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in (a) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
AK Stat § 13.27.040 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 1. Application; Cooperation between Courts.|Sec. 13.27.040. Taking testimony in another state.

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may request that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms on which the testimony is to be taken. (b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
AK Stat § 13.27.100 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 2. Jurisdiction.|Sec. 13.27.100. Exclusive basis.

AS 13.27.100 - 13.27.180 provide the exclusive basis for subject matter jurisdiction for a court of this state to appoint a guardian or issue a protective order for an adult.
AK Stat § 13.27.110 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 2. Jurisdiction.|Sec. 13.27.110. Jurisdiction.

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if (1) this state is the respondent's home state; (2) on the date the petition is filed, this state is a significant-connection state, and (A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes an appointment or issues an order, (i) a petition for an appointment or order is not filed in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) the court in this state concludes that it is an appropriate forum under the factors set out in AS 13.27.140; (3) this state does not have jurisdiction under either (1) or (2) of this section and the respondent's home state and all significant-connection states have declined to exercise jurisdiction under AS 13.27.140 because (A) this state is the more appropriate forum; and (B) jurisdiction in this state is consistent with the constitutions of this state and the United States; or (4) the requirements for special jurisdiction under AS 13.27.120 are met.
AK Stat § 13.27.120 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 2. Jurisdiction.|Sec. 13.27.120. Special jurisdiction.

(a) A court of this state lacking jurisdiction under AS 13.27.110 has special jurisdiction to (1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (2) issue a protective order with respect to real or tangible personal property located in this state; (3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to AS 13.27.200. (b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
AK Stat § 13.27.130 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 2. Jurisdiction.|Sec. 13.27.130. Exclusive and continuing jurisdiction.

Except as otherwise provided in AS 13.27.120, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
AK Stat § 13.27.140 (2021)
2021 Alaska Statutes|Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions|Chapter 27. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 2. Jurisdiction.|Sec. 13.27.140. Appropriate forum.

(a) A court of this state having jurisdiction under AS 13.27.110 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction under (a) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. (c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including (1) any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) the length of time the respondent was physically present in or was a legal resident of this or another state; (4) the distance of the respondent from the court in each state; (5) the financial circumstances of the respondent's estate; (6) the nature and location of the evidence; (7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (8) the familiarity of the court of each state with the facts and issues in the proceeding; and (9) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.