Title 13, Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions

[Repealed or reserved.]

(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 ac…

[Repealed or reserved.]

(a) The visitor shall file with the court an evaluation report, proof of service of the petition upon the respondent, and proof of service of the report upon the respondent, the respondent's attorney, and the petitioner, within 90 days after the date on which the petition was fil…

[Repealed or reserved.]

(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 mak…

[Repealed or reserved.]

(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 res…

[Repealed or reserved.]

(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…

[Repealed or reserved.]

(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 t…

[Repealed or reserved.]

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 g…

[Repealed or reserved.]

(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 autho…

[Repealed or reserved.]

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 …

[Repealed or reserved.]

(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 rep…

[Repealed or reserved.]

(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…

[Repealed or reserved.]

(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 ex…

[Repealed or reserved.]

(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 expe…

[Repealed or reserved.]

(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) …

[Repealed or reserved.]

(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 peti…

[Repealed or reserved.]

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 cou…

[Repealed or reserved.]

(a) The court may appoint a competent person, including a private professional guardian, or the public guardian, as the guardian of an incapacitated person. (b) The court may not appoint a person to be a guardian of an incapacitated person if the person (1) provides, or is likely…

[Repealed or reserved.]

(a) A guardian shall diligently and in good faith carry out the specific duties and powers assigned by the court. In carrying out duties and powers, the guardian shall encourage the ward to participate to the maximum extent of the ward's capacity in all decisions that affect the …

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

Article 4. Protection of Property of Persons Under Disability and Minors.

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…

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 determin…

[Repealed or reserved.]

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 th…