Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.26.415 Original petition for appointment or protective order.
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(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 wou…
AS 13.26.420 Notice.
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(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 pro…
AS 13.26.425 Protective proceedings; request for notice; interested person.
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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 i…
AS 13.26.430 Procedure concerning hearing and order on original petition.
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(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 ar…
AS 13.26.435 Permissible court orders.
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The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons: (1) while a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and with…
AS 13.26.440 Protective arrangements and single transactions authorized.
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(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 …
AS 13.26.445 Temporary conservators.
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(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,…
AS 13.26.450 Ex parte protective orders.
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(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…
AS 13.26.455 Temporary protective orders; conversions.
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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…
AS 13.26.460 Protective orders; modification; third-party compliance; forms; fees.
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(a) The petitioner, respondent, or protected person, if the protected person is a vulnerable adult, may request modification of a protective order issued under AS 13.26.450 — 13.26.460. Except as provided in (b) of this section, if a request is made for modification of (1) an ex …
AS 13.26.465 Who may be appointed conservator; priorities.
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(a) The court may appoint a competent person, including a private professional conservator, private professional full guardian under AS 08.26.020, or the public guardian, as the conservator of the estate of a protected person. (b) The court may not appoint a person to be a conser…
AS 13.26.470 Bond.
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(a) The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the property …
AS 13.26.475 Terms and requirements of bonds.
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(a) The following requirements and provisions apply to any bond required under AS 13.26.470: (1) unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other; (2) by executing an approved bond of a…
AS 13.26.480 Acceptance of appointment; consent to jurisdiction; notice.
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By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator, or mailed by registered or certifi…
AS 13.26.485 Compensation and expenses.
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If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate.
AS 13.26.490 Death, resignation, or removal of conservator.
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The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the conservator'…
AS 13.26.495 Petitions for orders subsequent to appointment.
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(a) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order (1) requiring bond or security or additional bond or security, or reducing bond; (2) requiring an accounting for the administrat…
AS 13.26.500 General duty of conservator.
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In the exercise of powers, a conservator shall act as fiduciary and shall observe the standards of care applicable to trustees under AS 13.36.225 — 13.36.290.
AS 13.26.505 Inventory, implementation report, and records.
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Within 90 days after distribution of the order of appointment, every conservator shall prepare and file with the appointing court a conservator implementation report and a complete inventory of the estate of the protected person together with an oath or affirmation that it is com…
AS 13.26.510 Accounts.
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A conservator shall submit a report to the court at least every year. In addition, a conservator shall account to the court for administration of the trust upon resignation or removal and at other times as the court may direct. On termination of the protected person's minority or…
AS 13.26.515 Visitor reports.
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(a) The initial visitor report of a visitor appointed under AS 13.26.430(b) must include (1) the results and analyses of medical and other tests and examinations performed that describe the proposed protected person's mental, emotional, physical, and educational condition, adapti…
AS 13.26.520 Conservators; title by appointment.
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The appointment of a conservator vests in the conservator title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person by custodians or attorneys-in-fact. The appointment…
AS 13.26.525 Recording of conservator's letters.
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Letters of conservatorship are evidence of transfer of all assets of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets of the estate from the conservator to the protected person, or the protected person's successor…
AS 13.26.530 Sale, encumbrance, or transaction involving conflict of interest voidable.
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Any sale or encumbrance to a conservator, the conservator's spouse, agent, or attorney, or any corporation or trust in which the conservator has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest is voidable unless the tr…
AS 13.26.535 Persons dealing with conservators; protection.
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A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order as provided in AS 13.26.435, is protected as if the conservator properly exercised the power. The fact that a person knowing…
AS 13.26.540 Powers of conservator in administration.
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(a) A conservator has all of the powers conferred herein and any additional powers conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor, as to whom no one has parental rights, has the duties and powers of a guardian of a minor…
AS 13.26.545 Distributive duties and powers of conservator.
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(a) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected person and the protected person's dependents in accordance with the following principles: (1) the…
AS 13.26.550 Enlargement or limitation of powers of conservator.
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Subject to the restrictions in AS 13.26.435(4), the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred by AS 13.26.540 and 13.26.545, any power which the court itself could exercise under AS 13.26.435(2) and (3). The court m…
AS 13.26.555 Preservation of estate plan.
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In investing the estate, and in selecting assets of the estate for distribution under AS 13.26.545(a) and (b), in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, the conservator and t…
AS 13.26.560 Claims against estate and protected person; enforcement.
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(a) Subject to AS 13.26.545(e), a conservator shall pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship was established upon their presentation and allowance. A claim is considered presented on the fi…
AS 13.26.565 Individual liability of conservator.
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(a) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the es…
AS 13.26.570 Termination of proceeding.
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The protected person, the protected person's personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original pr…
AS 13.26.575 Payment of debt and delivery of property to foreign conservator without local proceedings.
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(a) Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a cou…
AS 13.26.580 Foreign conservators.
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If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a judicial district in which property belonging to the protected person is located, authenticat…
AS 13.26.595 Definitions.
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Article 5. Powers of Attorney. In AS 13.26.401 — 13.26.595, unless the context requires otherwise, “fraud” means (1) robbery, extortion, and coercion under AS 11.41.500 — 11.41.530; (2) offenses against property under AS 11.46.100 — 11.46.740; or (3) exploitation of another perso…
AS 13.26.600 Execution of power of attorney.
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(a) A power of attorney executed in this state is valid if the principal (1) signs the power of attorney or, if the principal is physically unable to sign the power of attorney, directs, in the principal's conscious presence, another individual to sign the principal's name on the…
AS 13.26.605 Agent's acceptance and liability.
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(a) Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. (b) An agent that violates a provisio…
AS 13.26.610 Agent's duties.
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(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall (1) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) act in good fai…
AS 13.26.615 Acceptance of power of attorney.
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(a) A third party asked to accept a power of attorney may request, and rely upon, without further investigation (1) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (2) an English translation of the pow…
AS 13.26.620 Termination of power of attorney; agent's resignation; notice.
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(a) Except as provided in AS 13.26.625, a power of attorney terminates when (1) the principal dies; (2) there is an incapacity of the principal, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it te…
AS 13.26.625 Powers of attorney not revoked until notice of death or incapacity.
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(a) The death or incapacity of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the death or incapacity of the principal, acts in good faith under the power of atto…
AS 13.26.630 Powers of attorney held by public home care providers.
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(a) A public home care provider may not accept a designation as agent by general or special power of attorney for an individual to whom the provider furnishes services unless the designation is held jointly with another individual who is not a public home care provider. (b) In th…
AS 13.26.635 Judicial relief.
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(a) The following persons may petition a court in accordance with the provisions of AS 13.26.401 — 13.26.595 to construe a power of attorney, review the agent's conduct, and grant appropriate relief: (1) the principal or the agent; (2) the principal's attorney or other legal repr…
AS 13.26.640 Relationship to other laws.
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(a) Except as provided in (c) of this section, AS 13.26.600 — 13.26.695 do not supersede any other law applicable to a financial institution or other entity, and the other law controls if inconsistent with AS 13.26.600 — 13.26.695. (b) The remedies in AS 13.26.600 — 13.26.695 are…
AS 13.26.645 Statutory form power of attorney.
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A person who wishes to designate another as agent by a power of attorney may execute a statutory power of attorney set out in substantially the following form: GENERAL POWER OF ATTORNEYTHE POWERS GRANTED FROM THE PRINCIPAL TO THE AGENT OR AGENTS IN THE FOLLOWING DOCUMENT ARE VERY…
AS 13.26.650 Additional optional provisions to statutory form power of attorney.
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Each of the following provisions may be included in a statutory form power of attorney: (1) YOU MAY DESIGNATE AN ALTERNATE AGENT. ANY ALTERNATE YOU DESIGNATE WILL BE ABLE TO EXERCISE THE SAME POWERS AS THE AGENT(S) YOU NAMED AT THE BEGINNING OF THIS DOCUMENT. IF YOU WISH TO DESIG…
AS 13.26.655 Completion of statutory form power of attorney.
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(a) [Repealed, § 28 ch 50 SLA 2016.] (b) Special provisions and limitations may be imposed on the statutory form power of attorney only if they conform to the requirements of AS 13.26.670.
AS 13.26.660 Applicability of provisions of statutory form power of attorney.
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In the instrument set out in AS 13.26.645 — 13.26.650, (1) if the principal has appointed more than one person to act as agent and failed to mark whether the agents may act “jointly” or “severally,” the agents are required to act jointly; (2) if the principal has failed to indica…
AS 13.26.665 Interpretation of provisions in statutory form power of attorney.
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(a) In a statutory form power of attorney, the language conferring general authority with respect to real estate transactions shall be construed to mean that, as to an estate or interest in land of the principal, whether in the state or elsewhere, the principal authorizes the age…
AS 13.26.670 Validity of modified statutory form power of attorney.
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A power of attorney that satisfies the requirements of AS 13.26.645 — 13.26.665 is not prevented from being a statutory form power of attorney by the fact that it also contains additional language that (1) eliminates from the power of attorney one or more of the powers enumerated…