reglab/statecodes huggingface dataset:
2023 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(d) [Repealed, § 31 ch 84 SLA 2004.]
2023 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) The Alaska Court System shall provide visitors and experts in guardianship proceedings under AS 13.26.291. The Alaska Court System may contract for services of court-appointed visitors and experts.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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. 13.26.276. Other reports.

(a) A guardian shall submit a report to the court at least annually. In addition, every third year, the court shall appoint a visitor to file a report reviewing the guardianship during the period since the last visitor's report, if any. The guardian shall submit an additional report to the court when
(1) the court orders it;
(2) there is a significant change in the capacity of the ward to meet the essential requirements for health and safety or to protect the ward's rights;
(3) the guardian resigns or is removed;
(4) the guardianship is terminated; or
(5) the ward requests it.
(b) The report of the guardian must contain, but is not limited to, the following information:
(1) the name and address of the ward and the guardian;
(2) the ward's present mental, physical, and social conditions and present living arrangements and the ward's opinion of these arrangements;
(3) changes in the capacity of the ward to meet essential requirements for physical health and safety;
(4) the services being provided to the ward;
(5) the significant actions taken by the guardian during the reporting period in regard to the ward;
(6) a financial accounting of the estate that has been subject to the possession or control of the guardian;
(7) a list of the number and nature of the contacts between the guardian and ward if the ward does not reside with the guardian;
(8) any other information requested by the court or necessary or desirable in the opinion of the guardian.
(c) The visitor report required by (a) of this section must include
(1) the name and address of the ward and the guardian;
(2) the services being provided to the ward by or through the guardian;
(3) the significant actions taken by the guardian during the reporting period in regard to the ward;
(4) a financial accounting of the estate that has been subject to the possession or control of the guardian;
(5) a list of the number and nature of the contacts between the conservator and the ward if the ward does not reside with the guardian;
(6) any other information requested by the court or necessary or desirable in the opinion of the visitor.
2023 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. 13.26.281. Termination of guardianship for incapacitated person.

(a) The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, the removal or resignation of the guardian as provided in AS 13.26.286, or upon the expiration of the period specified by court order as the duration of the guardianship. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect a guardian's liability for prior acts nor an obligation to account for assets of the ward over which the guardian exercised control.
(b) Notwithstanding (a) of this section, if a deceased ward does not have a living family member or if an individual interested in the ward is not available, the guardian of a ward who dies may arrange for the body of the ward to be transported to a funeral home and may make funeral and burial arrangements for the deceased ward. The guardian may also apply for assistance with burial expenses from the state or a municipality if the estate of the ward does not have sufficient money to pay for burial.
2023 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. 13.26.286. Removal or resignation of guardian; change in or termination of guardianship.

(a) On petition of the ward, the guardian, or any person interested in the ward's welfare, or on the court's own motion, the court may (1) review and amend a decision of a guardian; or (2) if alternatives that are less restrictive than guardianship or less restrictive than the existing guardianship plan would assist the ward in meeting essential requirements for physical health and safety, modify the provisions of its order to (A) amend the guardianship plan or the responsibilities of the guardian; (B) remove a guardian and appoint a successor; or (C) terminate the guardianship. On petition of the guardian, the court may accept a resignation and make any other order that may be appropriate.
(b) The ward, the guardian, or any person interested in the ward's welfare may petition for an order that the ward is no longer incapacitated or no longer incapacitated to the same extent as the ward was when the original guardianship order was made or when the court last amended the guardianship order, and for removal or resignation of the guardian, termination of the guardianship, or a change in the responsibilities of the guardian. A request for this order may be made by informal letter to the court or judge and any person who knowingly interferes with transmission of this kind of request to the court or judge may be held in contempt of court.
(c) Before removing a guardian, changing the guardian's responsibilities, accepting the resignation of a guardian, or ordering that a ward's guardianship be changed or terminated, the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian and applying the least restrictive alternative necessary to meet the needs of the ward after consideration of alternatives to guardianship services, may send a visitor to the residence of the present guardian and to the place where the ward resides or is detained, to observe conditions and report in writing to the court.
(d) If at any time the ward requests or indicates to the guardian or to the agency responsible for the ward's care or its employee that the ward desires a change in guardianship, the guardian or the agency providing care shall inform the court of the request or indication.
(e) If the guardian dies, or if on the basis of a petition filed under this section or a report or other information, there is probable cause to believe a guardian is not performing the guardian's responsibilities effectively and there is an imminent danger that the physical health or safety of the ward will be seriously impaired, the court shall take whatever action is necessary to protect the ward, including the dismissal of the guardian and appointment of a temporary guardian without a hearing.
2023 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. 13.26.291. Costs in guardianship proceedings.

(a) Subject to (d) of this section, the Alaska Court System shall bear the costs of the visitor and expert appointed under AS 13.26.226(c).
(b) Subject to (c) and (d) of this section, the respondent shall bear the costs of the attorney appointed under AS 13.26.226(b), of the expert appointed under AS 13.26.241(d), of the guardian ad litem appointed under AS 13.26.041, and of other court and guardianship costs incurred under this chapter.
(c) The state shall pay all or part of the costs described in (b) of this section if the court finds that the payment is necessary to prevent the respondent from suffering financial hardship or from becoming dependent upon a government agency or a private person or agency.
(d) The court may require the petitioner to pay all or some of the costs described in (a) and (b) of this section if the court finds that the petitioner initiated a proceeding under this chapter that was malicious, frivolous, or without just cause.
2023 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. 13.26.296. Notices in guardianship proceedings.

(a) In a proceeding for the appointment, change in responsibilities, or removal of a guardian, or termination of guardianship, other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the following:
(1) the ward or respondent by the visitor as provided in AS 13.26.231;
(2) any person who is serving as guardian or conservator of the ward or respondent, or who has care and custody of the ward or respondent;
(3) in case a person is not notified under (4) of this subsection, at least one of the closest adult relatives of the ward or respondent, if any can be found;
(4) the spouse, parents, and adult children of the ward or respondent;
(5) any person who performed an evaluation for the visitor's report within the previous two years;
(6) the ward's or respondent's attorney; and
(7) the ward's or respondent's guardian ad litem if one has been appointed.
(b) Notice shall be served personally, by certified mail, or by any other method authorized by court rule on the ward's or respondent's spouse and parents if they can be found within the state. Except as provided in (a)(1) of this section, notice to the spouse and parents, if they cannot be found within the state, and to all other persons shall be given as provided in AS 13.06.110.
(c) The notice must set out the date, time, place, purpose, and possible consequences of the hearing and the rights of the ward or respondent and any other parties to the proceedings.
2023 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. 13.26.301. Temporary guardians; authorization of services.

(a) If during the pendency of an initial petition for guardianship it appears that the respondent is in need of immediate services to protect the respondent against serious injury, illness, or disease and the respondent is not capable of procuring the necessary services, the petitioner may request the appointment of a temporary guardian to authorize the services. The request shall state the reasons and factual basis for the request. The petitioner shall immediately file the request with the court and serve copies on the respondent and the respondent's attorney. The court shall conduct a hearing within 72 hours after the filing.
(b) At the temporary guardianship hearing, the respondent shall have the rights set out in AS 13.26.251(a).
(c) The burden of proof at the hearing shall be by clear and convincing evidence and shall be upon the petitioner.
(d) If the court determines that a temporary guardian should be appointed, it shall make the appointment and grant to the guardian only the authority that is least restrictive upon the liberty of the respondent and that enables the temporary guardian to provide the emergency services necessary to protect the respondent from serious injury, illness, or disease.
(e) The temporary guardianship shall expire at the time of the appointment of a full or partial guardian or upon the dismissal of the petition for guardianship.
(f) If no guardianship petition is pending but the court is informed of a person who is apparently incapacitated and in need of emergency life-saving services, the court may authorize the services upon determining that delay until a guardianship hearing can be held would entail a life-threatening risk to the person.
2023 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. 13.26.306. Emergency powers.

Notwithstanding the limits of a temporary guardianship or guardianship order, a temporary guardian and guardian at all times have the right to authorize the provision of emergency life-saving services. This right includes the power to authorize hospitalization without advance court approval.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.401. Protective proceedings.

Upon petition and after notice and hearing in accordance with the provisions of AS 13.26.401 - 13.26.575, the court may appoint a conservator or issue another protective order for cause as follows:
(1) appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that
(A) a minor owns money or property that requires management or protection that cannot otherwise be provided;
(B) the minor has or may have business affairs that may be jeopardized or prevented by the status of being a minor; or
(C) funds are needed for the minor's support and education and protection is necessary or desirable to obtain or provide funds;
(2) appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that
(A) the person is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, detention by a foreign power, or disappearance; and
(B) the person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and protection is necessary or desirable to obtain or provide funds.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.406. Protective proceedings; jurisdiction of affairs of protected persons.

Except as otherwise provided under AS 13.27.110, after the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has exclusive jurisdiction to determine
(1) the need for a conservator or other protective order until the proceedings are terminated; and
(2) how the estate of the protected person that is subject to the laws of this state shall be managed, expended, or distributed to or for the use of the protected person or any of the person's dependents.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.411. Venue.

Venue for proceedings under AS 13.26.401 - 13.26.575 is
(1) in the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or
(2) if the person to be protected does not reside in this state, in any place where the person has property.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.415. Original petition for appointment or protective order.

(a) The person to be protected, a person's attorney or other legal representative, any person who is interested in the estate, affairs, or welfare of the person to be protected, including a parent, guardian, custodian, or caregiver, the Department of Health, or any person who would be adversely affected by lack of effective management of the property and affairs of the person to be protected, may petition for the appointment of a conservator or for other appropriate protective order.
(b) The petition must set out to the extent known, the interest of the petitioner; the name, age, residence and address of the person to be protected; the name and address of the person's guardian, if any; the name and address of the person's nearest relative known to the petitioner; a general statement of the person's property with an estimate of its value, including any compensation, insurance, pension or allowance to which the person is entitled; and the reason why appointment of a conservator or other protective order is necessary. If the appointment of a conservator is requested, the petition also must set out the name and address of the person whose appointment is sought and the basis of priority for appointment.
(c) The petition may include a request for temporary conservatorship as provided in AS 13.26.445 if it appears that the respondent's property is likely to be wasted or dissipated during the pendency of the conservatorship proceeding. A request for temporary conservatorship must specify the facts that cause the petitioner to believe that a temporary conservatorship is necessary.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.420. Notice.

(a) On a petition for appointment of a conservator or other protective order, the person to be protected and the person's spouse or, if none, the person's parents, must be served personally, by certified mail, or by any other method authorized by court rule with notice of the proceedings at least 14 days before the date of hearing if they can be found within the state, or, if they cannot be found within the state, they must be given notice in accordance with AS 13.06.110. Waiver by the person to be protected is not effective unless the person to be protected attends the hearing or, unless minority is the reason for the proceeding, waiver is confirmed in an interview with the visitor.
(b) Notice of a petition for appointment of a conservator or other initial protective order, and of any subsequent hearing, must be given to any person who has filed a request for notice under AS 13.26.425 and to interested persons and other persons as the court may direct. Except as otherwise provided in (a) of this section, notice shall be given in accordance with AS 13.06.110.
(c) This section does not apply to a petition or order for an ex parte protective order filed under AS 13.26.450 or a temporary protective order filed under AS 13.26.455.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.425. Protective proceedings; request for notice; interested person.

Any interested person who desires to be notified before any order is made in a protective proceeding may file with the registrar a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the person's address, or that of the person's attorney, and is effective only as to matters occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.430. Procedure concerning hearing and order on original petition.

(a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the choice of the minor if 14 years of age or older. A lawyer appointed by the court to represent a minor has the powers and duties of a guardian ad litem.
(b) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has counsel of the person's own choice, the court must appoint a lawyer to represent the person. If the alleged disability is mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may direct that the person to be protected be examined by a physician designated by the court, preferably a physician who is not connected with any institution in which the person is a patient or is detained. The court may send a visitor to interview the person to be protected. The visitor may be a guardian ad litem or an officer or employee of the court.
(c) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.
(d) The court shall investigate alternatives to a conservator and the use of a special conservator as provided in AS 13.26.440(c). A conservator may be appointed only if a less restrictive protective order or the services of a special conservator are not adequate to protect the estate of the protected person. The court shall, to the extent possible, consult with the protected person in determining what action should be taken.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.440. Protective arrangements and single transactions authorized.

(a) If it is established in a proper proceeding that a basis exists as described in AS 13.26.401 for affecting the property and affairs of a person the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include, but are not limited to, payment, delivery, deposit, or retention of funds or property, sale, mortgage, lease, or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, or addition to or establishment of a suitable trust.
(b) When it has been established in a proper proceeding that a basis exists as described in AS 13.26.401 for affecting the property and affairs of a person the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person's financial affairs or involving the person's estate if the court determines that the transaction is in the best interests of the protected person.
(c) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of the protected person's disability, whether the protected person needs the continuing protection of a conservator. If only certain powers need be given to the conservator or the services of a conservator are needed only for a limited number of transactions, a special conservator may be appointed. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters carried out under the order of appointment.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.445. Temporary conservators.

(a) If, during the pendency of an initial petition for conservatorship, it appears that the respondent is in need of a protective order to protect the respondent against waste or dissipation of funds or property, or to obtain funds that are needed for the immediate support, care, and welfare of the respondent or persons entitled to be supported by the respondent, and the respondent is not capable of protecting the respondent's funds or property or obtaining the funds that are needed to support the respondent or persons whom the respondent is required to support, the petitioner may request the appointment of a temporary conservator to authorize the protection or to obtain the necessary funds. The request must state the reasons and factual basis for the request. The petitioner shall immediately file the request with the court and serve copies on the respondent and the respondent's attorney and other persons as ordered by the court. The court shall appoint an attorney for a respondent who is unrepresented to be at the hearing and conduct a hearing within 72 hours after the filing.
(b) If the court determines that a temporary conservator should be appointed, it shall make the appointment and grant to the temporary conservator only the authority that is least restrictive upon the liberty of the respondent and that enables the temporary conservator to provide the protection or authority necessary to protect the respondent from waste or dissipation of funds or property or to obtain the funds necessary for support.
(c) The temporary conservatorship expires at the time of the appointment of a full or partial conservator or on the dismissal of the petition for conservatorship.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.450. Ex parte protective orders.

(a) A person who is allowed to file a petition for a protective order under AS 13.26.415(a) may file a petition for an ex parte protective order against a person other than the protected person. A petition filed on behalf of a protected person by a person other than the protected person must be accompanied by proof of service of the petition on the protected person or the person's attorney unless service would cause an immediate threat of harm to the best interests of the protected person and the petition includes a written explanation of the harm. If the court finds that the petition establishes probable cause that the respondent is financially defrauding the petitioner or a person for whose benefit the petitioner filed the petition and that, because of the fraud, there has been or is an immediate threat of a waste or dissipation of the proposed protected person's funds or other property, the court shall ex parte and without notice to the respondent issue a protective order. The petitioner shall certify to the court in writing any effort that the petitioner made to provide notice to the respondent.
(b) An ex parte protective order under this section may
(1) grant any protection described in AS 13.26.435;
(2) supersede an existing power of attorney;
(3) prohibit the respondent from having any direct or indirect contact with the petitioner or other person for whose benefit the petitioner filed the petition; and
(4) prohibit the respondent from taking any act with respect to the funds or other property of the petitioner or other person for whose benefit the petitioner filed the petition.
(c) An ex parte protective order expires 20 days after it is issued, unless dissolved earlier by the court at the request of the petitioner or respondent and after notice and, if requested, a hearing, or on the earlier appointment of a temporary or permanent conservator.
2023 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 4. Protection of Property of Persons Under Disability and Minors. › Sec. 13.26.455. Temporary protective orders; conversions.

On application filed with the court before the expiration of a 20-day ex parte protective order issued under AS 13.26.450, the court shall schedule a hearing on whether to convert the protective order to a temporary order effective for up to six months. The court shall provide to the protected person and the respondent at least 10 days' notice of the hearing and the respondent's right to appear and be heard. If the court finds by a preponderance of the evidence that the respondent has committed fraud against the petitioner or the person for whose benefit the petition was filed, regardless of whether the respondent appears at the hearing, the court may convert the ex parte protective order to a temporary protective order effective for up to six months.