reglab/housing_qa huggingface dataset:
AK Stat § 13.26.201 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.201. Purpose and basis for guardianship.

Guardianship for an incapacitated person shall be used only as is necessary to promote and protect the well-being of the person, shall be designed to encourage the development of maximum self-reliance and independence of the person, and shall be ordered only to the extent necessitated by the person's actual mental and physical limitations. An incapacitated person for whom a guardian has been appointed is not presumed to be incompetent and retains all legal and civil rights except those that have been expressly limited by court order or have been specifically granted to the guardian by the court.
AK Stat § 13.26.211 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.211 Testamentary appointment of guardian for incapacitated person.

(a) The parent of an incapacitated person may by will appoint a guardian of the incapacitated person. A testamentary appointment by a parent becomes effective when, after having given seven days' prior written notice of intention to do so to the incapacitated person and to the person having care of the incapacitated person or to the incapacitated person's nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated, if, prior thereto, both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority unless it is terminated by the denial of probate in formal proceedings. (b) The spouse of a married incapacitated person may by will appoint a guardian of the incapacitated person. The appointment becomes effective when, after having given seven days' prior written notice of intention to do so to the incapacitated person and to the person having care of the incapacitated person or to the incapacitated person's nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated. An effective appointment by a spouse has priority over an appointment by a parent unless it is terminated by the denial of probate in formal proceedings. (c) This state recognizes a testamentary appointment effected by filing acceptance under a will probated at the testator's domicile in another state. (d) On the filing with the court in which the will was probated of written objection to the appointment by the person for whom a testamentary appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the testamentary nominee or any other suitable person upon an adjudication of incapacity in proceedings under AS 13.26.216 - 13.26.316. (e) A testamentary appointment of a guardian by the parent of an incapacitated person, or by the spouse of a married incapacitated person, may grant all guardianship powers and duties that the deceased parent or spouse held, subject to modification by the court under AS 13.26.286.
AK Stat § 13.26.216 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.216. Venue.

The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution under order of a court of competent jurisdiction, venue is also in the judicial district in which that court sits.
AK Stat § 13.26.221 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.221. Petition.

(a) Any person may petition the court for a finding of incapacity and the appointment of a guardian for oneself or for another person. (b) The petition for appointment of a guardian must state (1) the name, age, and address of the petitioner and any relationship to the respondent; (2) the name, age, and present address of the respondent; (3) the name and address of the person or facility presently having care, custody, guardianship, or conservatorship of the respondent, if any, and the existence of any other restrictions on the legal capacity of the respondent to act in the respondent's own behalf; (4) the nature and degree of the alleged incapacity; (5) the particular type and duration of appointment and the protection and assistance being sought; (6) the names and addresses, unless they are unknown and cannot reasonably be ascertained, of the individuals most closely related to the respondent by blood or marriage; (7) the facts supporting the allegations of incapacity and the need for appointment of a guardian; (8) the names and addresses of persons known to the petitioner who have knowledge that might prove helpful in determining the capacity and needs of the respondent. (c) The petition may also nominate a guardian and include a request for temporary guardianship as provided in AS 13.26.301 if the petitioner believes there is an imminent danger that the physical health or safety of the respondent will be seriously impaired during the pendency of the guardianship proceeding. A request for temporary guardianship must specify facts that cause the petitioner to believe that a temporary guardian is necessary. (d) [Repealed, § 31 ch 84 SLA 2004.]
AK Stat § 13.26.226 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.226. Initial court procedures.

(a) Upon the filing of a petition, the court shall schedule a hearing on the issue of incapacity. The hearing shall be conducted within 120 days from the filing of the petition unless the court postpones the hearing for cause. (b) The respondent is entitled to be represented by an attorney in the proceedings. If the respondent is financially unable to employ an attorney, the court shall appoint the office of public advocacy (AS 44.21.400) under AS 13.26.291 to represent the respondent in the proceedings. (c) The court shall appoint a visitor. The visitor shall arrange for evaluations to be performed and prepare a written report to be filed with the court. The court shall also appoint an expert who has expertise in regard to the alleged or admitted incapacity to investigate the issue of incapacity. The visitor shall interview the respondent and the person seeking appointment as guardian, if any. The visitor shall conduct the interviews and investigations necessary to prepare the report and shall arrange for the respondent to be examined by the expert appointed under this section. The expert's written report shall be attached to the visitor's report. Interviews and examinations shall take place in the respondent's usual residence unless (1) the respondent consents to being examined or interviewed in a medical or mental health facility; or (2) the visitor considers it necessary to conduct interviews or examinations in a medical or mental health facility. (d) Appointment of the visitor and the expert under (c) of this section shall be made through the office of public advocacy (AS 44.21.400) under AS 13.26.291.
AK Stat § 13.26.231 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.231. Notice of rights of respondent.

(a) Upon appointment, the visitor shall promptly (1) explain to the respondent, in a language or communication system the respondent can understand, the purpose of the interview and possible consequences of the proceedings; (2) serve a copy of the petition on the respondent in accordance with the procedure described in AS 13.06.110; (3) explain and provide to the respondent a written statement of the following rights: (A) the respondent may communicate with an attorney or an expert in the field of the alleged incapacity before proceeding with the interview; (B) if the respondent does not have an attorney, an attorney, whose name, address, and telephone number shall be included in the statement, will be designated to advise and represent the respondent before and at any judicial hearings, and the attorney may arrange for an examination and consultation with an expert; and (C) the respondent may, instead, employ an attorney or expert of the respondent's own choice; and (4) offer assistance to the respondent in contacting an attorney. (b) A substantive interview of the respondent or other investigation may not be conducted until the provisions of (a) of this section are satisfied.
AK Stat § 13.26.241 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.241. Evaluations; right to remain silent; respondent's attorney or expert.

(a) A ward or respondent has the right to refuse to respond to questions in the course of examinations and evaluations. However, the ward or respondent may be required to submit to interviews for the purpose of ascertaining whether the ward or respondent lacks the capacity to make informed decisions about care and treatment services. (b) Statements of a ward or respondent in the course of evaluations, examinations, and treatment under AS 13.26.201 - 13.26.316 are privileged, confidential, and not admissible without the ward's or respondent's consent in any civil or criminal proceeding other than proceedings under AS 13.26.201 - 13.26.316. A ward or respondent at all times has the right to refuse to answer questions if the answers may tend to incriminate the ward or respondent. (c) During an interview or a testing conducted under AS 13.26.201 - 13.26.316, a ward or respondent has the right to be accompanied by an attorney or expert of the ward's or respondent's own choosing. (d) The court, if requested by a ward or respondent in preparation for and in connection with a hearing held under AS 13.26.201 - 13.26.316, shall appoint an expert having expertise in regard to the alleged or admitted incapacity to examine the respondent and testify on the respondent's behalf. The request shall be filed in court at least five days before the hearing. An expert appointed under this subsection may be the same expert appointed under AS 13.26.226(c).
AK Stat § 13.26.246 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.246. Duties and powers of attorney of ward or respondent.

(a) The principal duty of an attorney representing a ward or respondent is to represent the ward or respondent zealously. Zealous representation includes at least (1) personal interviews with the ward or respondent; unless good cause exists, the first contact with the ward or respondent shall be at least two weeks before the hearing; (2) explaining, if possible, to the ward or respondent in terms that the ward or respondent can understand, the nature and possible consequences of the proceeding, the alternatives that are available, and the rights to which the ward or respondent is entitled; (3) securing and presenting evidence and testimony and offering arguments that would tend to protect the ward's or respondent's rights and that would tend to further the interests of the ward or respondent. (b) To the maximum extent possible, the ward or respondent shall remain responsible for determining the interests of the ward or respondent. However, the attorney for the ward or respondent may seek appointment of a guardian ad litem if the circumstances of AS 13.26.041 apply.
AK Stat § 13.26.251 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.251. Hearing and determination.

(a) At the hearing scheduled under AS 13.26.226, the respondent has the right to (1) present evidence on the respondent's own behalf; (2) cross-examine adverse witnesses; (3) remain silent; (4) have the hearing open or closed to the public as the respondent elects; (5) be present unless the court determines that the respondent's conduct in the courtroom is so disruptive that the proceedings cannot reasonably continue with the respondent present; (6) be tried by jury on the issue of incapacity. (b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of proper disposition. If the respondent stipulates to incapacity, the court may make a finding of incapacity without obtaining evidence from the expert appointed under AS 13.26.226(c). (c) If the respondent is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of alternatives to guardianship to meet the needs of the respondent. (d) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent, the court may dismiss the action and order an alternative form of protection. (e) If it is found that the respondent is able to perform some, but not all, of the functions necessary to care for the respondent, and alternatives to guardianship are not feasible or adequate to provide for the needs of the respondent, the court may appoint a partial guardian, but may not appoint a full guardian. (f) If it is found that the respondent is totally without capacity to care for the respondent and that a combination of alternatives to guardianship and the appointment of a partial guardian is not feasible or adequate to meet the needs of the respondent, the court may appoint a full guardian. (g) If it is necessary to appoint a guardian, the court shall consider the ward's preference. (h) At the time a guardian is appointed, the court shall make a reasonable effort to acquaint the ward with the ward's right to request, at a later time, the guardian's dismissal or a modification of the guardianship order. The court shall provide a written statement to the ward, explaining the ward's rights and specifying the procedures to be followed in petitioning the court.
AK Stat § 13.26.256 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.256. Psychotropic medication influencing wards or respondents at judicial hearings.

(a) A ward or respondent has a right to participate to the maximum extent possible in all judicial proceedings concerning the ward or respondent and to be free from the influence of psychotropic medication during the proceedings. (b) It is the responsibility of the attorney for the ward or respondent to determine if the ward or respondent is being treated with psychotropic medication the effects of which would continue during the judicial proceedings and, if so, to inform the court in writing a reasonable time before the hearing. (c) The court, upon receipt of the information provided under (b) of this section, shall require a medical examination of the ward or respondent, if the court determines that the medical examination is necessary, and shall determine the advisability of continuation or suspension of the treatment for the duration of the judicial proceedings. The court may make any appropriate order it considers necessary. The court in making its determination shall balance the interest of maximum participation of the ward or respondent in the hearings against the medical and rehabilitative needs of the ward or respondent. (d) If the ward or respondent is under the influence of psychotropic medication during the judicial proceeding determining capacity, the trier of fact shall take that fact into consideration in making its determination.
AK Stat § 13.26.261 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.261. Acceptance of appointment; consent to jurisdiction.

By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed by ordinary mail to the guardian's address as listed in the court records and to the guardian's address as then known to the petitioner.
AK Stat § 13.26.266 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.266. Guardianship order.

(a) If the court or jury determines that a person is incapacitated and the services of a guardian are necessary, the court shall enter an order that (1) names the guardian and establishes a guardian-ward relationship; (2) includes findings of fact that support each grant of authority to the guardian; (3) adopts a guardianship plan. (b) The guardianship plan shall specify the authority that the guardian has with regard to (1) medical care for the ward's physical condition; (2) mental health treatment that the guardian considers to be in the ward's best interests; (3) housing for the ward with consideration of the following: (A) the wishes of the ward; (B) the preferability of allowing the ward to retain local community ties; and (C) the requirement for services to be provided in the least restrictive setting; (4) personal care, educational and vocational services necessary for the physical and mental welfare of the ward and to return the ward to full capacity; (5) application for health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward; (6) physical and mental examinations necessary to determine the ward's medical and mental health treatment needs; and (7) control of the estate and income of the ward to pay for the cost of services that the guardian is authorized to obtain on behalf of the ward. (c) The guardianship plan may not be more restrictive of the liberty of the ward than is reasonably necessary to protect the ward from serious physical injury, illness or disease and to provide the ward with medical care and mental health treatment for physical and mental health. The guardianship plan shall be designed to encourage a ward to participate in all decisions that affect the ward and to act on the ward's own behalf to the maximum extent possible. The court may not assign a duty or power to a guardian unless the need for it has been proven to the satisfaction of the court and no less restrictive alternative or combination of alternatives is sufficient to satisfy the need. (d) The duration of the term of guardianship shall be determined by the court order. Upon receipt of a report or other information that requires further consideration, the court may order a review hearing if it determines that the hearing is in the best interests of the ward.
AK Stat § 13.26.271 (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 3. Guardians of Incapacitated Persons.|Sec. 13.26.271. Guardianship implementation report.

Within 90 days after distribution of the order of appointment as guardian, the guardian shall submit to the court a report. The report must describe the guardian's program for implementing the guardianship plan. The primary goal of the program described in the report must be, to the maximum extent possible, to develop or regain the ward's abilities to handle the ward's own affairs. The report must consider housing, medical care, and educational and vocational needs and resources. In developing the report, the guardian shall consult with the ward to the maximum extent possible. The report must specify the services that are necessary to meet the essential requirements for the ward's physical health or safety and the means for obtaining the services. The report must specify the manner in which the guardian will exercise and share decision-making authority and other items that will assist in fulfilling the needs of the ward, the terms of the guardianship order, and the duties of the guardian.