Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.26.216 Venue.
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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 distr…
AS 13.26.220 [Renumbered as AS 13.26.475.]
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[Repealed or reserved.]
AS 13.26.221 Petition.
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(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…
AS 13.26.225 [Renumbered as AS 13.26.480.]
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[Repealed or reserved.]
AS 13.26.226 Initial court procedures.
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(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 a…
AS 13.26.230 [Renumbered as AS 13.26.485.]
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[Repealed or reserved.]
AS 13.26.231 Notice of rights of respondent.
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(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…
AS 13.26.235 [Renumbered as AS 13.26.490.]
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[Repealed or reserved.]
AS 13.26.236 Visitor's report.
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(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…
AS 13.26.240 [Renumbered as AS 13.26.495.]
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[Repealed or reserved.]
AS 13.26.241 Evaluations; right to remain silent; respondent's attorney or expert.
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(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…
AS 13.26.245 [Renumbered as AS 13.26.500.]
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[Repealed or reserved.]
AS 13.26.246 Duties and powers of attorney of ward or respondent.
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(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…
AS 13.26.250 [Renumbered as AS 13.26.505.]
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[Repealed or reserved.]
AS 13.26.251 Hearing and determination.
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(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…
AS 13.26.255 [Renumbered as AS 13.26.510.]
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[Repealed or reserved.]
AS 13.26.256 Psychotropic medication influencing wards or respondents at judicial hearings.
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(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…
AS 13.26.257 Secs. 13.26.257 , 13.26.260. [Renumbered as AS 13.26.515 and 13.26.520.]
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[Repealed or reserved.]
AS 13.26.261 Acceptance of appointment; consent to jurisdiction.
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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…
AS 13.26.265 [Renumbered as AS 13.26.525.]
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[Repealed or reserved.]
AS 13.26.266 Guardianship order.
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(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…
AS 13.26.270 [Renumbered as AS 13.26.530.]
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[Repealed or reserved.]
AS 13.26.271 Guardianship implementation report.
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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 …
AS 13.26.275 [Renumbered as AS 13.26.535.]
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[Repealed or reserved.]
AS 13.26.276 Other reports.
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(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…
AS 13.26.280 [Renumbered as AS 13.26.540.]
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[Repealed or reserved.]
AS 13.26.281 Termination of guardianship for incapacitated person.
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(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…
AS 13.26.285 [Renumbered as AS 13.26.545.]
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[Repealed or reserved.]
AS 13.26.286 Removal or resignation of guardian; change in or termination of guardianship.
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(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…
AS 13.26.290 [Renumbered as AS 13.26.550.]
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[Repealed or reserved.]
AS 13.26.291 Costs in guardianship proceedings.
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(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…
AS 13.26.295 [Renumbered as AS 13.26.555.]
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[Repealed or reserved.]
AS 13.26.296 Notices in guardianship proceedings.
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(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) …
AS 13.26.300 [Renumbered as AS 13.26.560.]
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[Repealed or reserved.]
AS 13.26.301 Temporary guardians; authorization of services.
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(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…
AS 13.26.305 [Renumbered as AS 13.26.565.]
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[Repealed or reserved.]
AS 13.26.306 Emergency powers.
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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…
AS 13.26.310 [Renumbered as AS 13.26.570.]
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[Repealed or reserved.]
AS 13.26.311 Who may be guardian; priorities.
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(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…
AS 13.26.315 [Renumbered as AS 13.26.575.]
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[Repealed or reserved.]
AS 13.26.316 General powers and duties of guardian.
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(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 …
AS 13.26.320 Secs. 13.26.320 , 13.26.324. [Renumbered as AS 13.26.580 and 13.26.595.]
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[Repealed or reserved.]
AS 13.26.325 Secs. 13.26.325 , 13.26.330. Death or disability. [Repealed, § 3 ch 109 SLA 1988.]
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[Repealed or reserved.]
AS 13.26.332 Secs. 13.26.332 — 13.26.353. [Renumbered as AS 13.26.645 — 13.26.680.]
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[Repealed or reserved.]
AS 13.26.356 Secs. 13.26.356 , 13.26.358. [Renumbered as AS 13.26.625 and 13.26.630.]
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[Repealed or reserved.]
AS 13.26.360 Secs. 13.26.360 — 13.26.400. [Renumbered as AS 13.26.700 — 13.26.740.]
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Article 4. Protection of Property of Persons Under Disability and Minors.
AS 13.26.401 Protective proceedings.
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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…
AS 13.26.406 Protective proceedings; jurisdiction of affairs of protected persons.
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[Repealed or reserved.]
AS 13.26.410 [Renumbered as AS 13.26.750.]
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[Repealed or reserved.]
AS 13.26.411 Venue.
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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…