Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.26.001 Adoption of standards of practice.
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It is the policy of the state that all guardians and conservators, when making decisions for their wards or protected persons, shall abide by the highest ethical standards of decision making and shall consider the standards of practice adopted by the department by regulation. The…
AS 13.26.005 Definitions and use of terms.
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Unless otherwise apparent from the context, in AS 13.06 — AS 13.36, (1) “department” means the Department of Commerce, Community, and Economic Development; (2) “essential requirements for physical health or safety” means the health care, food, shelter, clothing, personal hygiene,…
AS 13.26.010 Jurisdiction of subject matter; consolidation of proceedings.
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(a) The court has jurisdiction over protective proceedings and guardianship proceedings. (b) When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated. (c) This section is subject to the…
AS 13.26.013 Secs. 13.26.013 — 13.26.020. [Renumbered as AS 13.26.021, 13.26.031 and 13.26.051.]
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[Repealed or reserved.]
AS 13.26.021 Court records of proceedings; access; sealing.
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(a) A notice of the filing of a petition, a summary of all formal proceedings, and a dispositional order or modification or termination of a dispositional order relating to a proceeding under this chapter shall be available for public inspection. All other information contained i…
AS 13.26.025 Secs. 13.26.025 , 13.26.030. [Renumbered as AS 13.26.041 and 13.26.101.]
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[Repealed or reserved.]
AS 13.26.031 Facility of payment or delivery.
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Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to (1) the minor, if the minor is married; (2) any person having the care and custody of th…
AS 13.26.035 Secs. 13.26.035 , 13.26.40. [Renumbered as AS 13.26.121 and 13.26.126.]
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[Repealed or reserved.]
AS 13.26.041 Appointment of a guardian ad litem.
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(a) Upon the request of a ward, protected person, or respondent, or the attorney of a ward, protected person, or respondent, the court shall appoint a guardian ad litem to protect the rights of the ward, protected person, or respondent in proceedings under AS 13.26.201 — 13.26.58…
AS 13.26.045 Secs. 13.26.045 , 13.26.050. [Renumbered as AS 13.26.132, and 13.26.137.]
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[Repealed or reserved.]
AS 13.26.051 Delegation of powers over incapacitated adult by parent or guardian.
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A parent or a guardian of an adult incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any powers regarding care, custody, or property of the adult incapacitated person.
AS 13.26.055 Secs. 13.26.055 — 13.26.065. [Renumbered as AS 13.26.143, 13.26.147, 13.26.153, 13.26.157, and 13.26.162.]
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[Repealed or reserved.]
AS 13.26.066 Delegation of powers over minor child.
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(a) A parent or a guardian of a minor child, by a properly executed power of attorney that is substantially in the form provided in (f) of this section, may delegate to another person one or more powers regarding the care or custody of the minor child, except the power to consent…
AS 13.26.070 Secs. 13.26.070 — 13.26.100. [Renumbered as AS 13.26.167, 13.26.171, 13.26.181, 13.26.186, 13.26.201, 13.26.211, and 13.26.216.]
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Article 2. Guardians of Minors.
AS 13.26.101 Status of guardian of minor; general.
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A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.
AS 13.26.105 Secs. 13.26.105 — 13.26.109. [Renumbered as AS 13.26.221, 13.26.226, 13.26.231, 13.26.236, and 13.26.241.]
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[Repealed or reserved.]
AS 13.26.110 Findings; order of appointment. [Repealed, § 21 ch 83 SLA 1981. For current law see AS 13.26.266.]
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[Repealed or reserved.]
AS 13.26.111 [Renumbered as AS 13.26.246.]
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[Repealed or reserved.]
AS 13.26.112 Appointment of a guardian ad litem. [Repealed, § 31 ch 84 SLA 2004. For current law see AS 13.26.041.]
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[Repealed or reserved.]
AS 13.26.113 Secs. 13.26.113 — 13.26.120. [Renumbered as AS 13.26.251, 13.26.256, 13.26.261, 13.26.266, 13.26.271, 13.26.276, and 13.26.281.]
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[Repealed or reserved.]
AS 13.26.121 Testamentary appointment of guardian of minor.
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The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under AS 13.26.126, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated, if before acceptance, b…
AS 13.26.125 [Renumbered as AS 13.26.286.]
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[Repealed or reserved.]
AS 13.26.126 Objection by minor of 14 or older to testamentary appointment.
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A minor of 14 or more years may prevent an appointment of a testamentary guardian for the minor from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment befo…
AS 13.26.130 Visitor in guardianship proceeding. [Repealed, § 21 ch 83 SLA 1981. For current law see AS 13.26.226 and 13.26.236.]
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[Repealed or reserved.]
AS 13.26.131 [Renumbered as AS 13.26.291.]
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[Repealed or reserved.]
AS 13.26.132 Court appointment of guardian of minor; conditions for appointment.
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The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order. A guardian appointed by will as provided in AS 13.26.121 whose appointment has not been prevented or nullified under …
AS 13.26.135 [Renumbered as AS 13.26.296.]
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[Repealed or reserved.]
AS 13.26.137 Venue for proceedings.
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(a) The venue for guardianship proceedings for a minor is in the place where the minor resides or is present. (b) The venue for a guardianship proceeding for a child in state custody under AS 47.10 is the (1) superior court where the child-in-need-of-aid proceeding is pending as …
AS 13.26.140 Secs. 13.26.140 , 13.26.141. [Renumbered as AS 13.26.301 and 13.26.306.]
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[Repealed or reserved.]
AS 13.26.143 Court appointment of guardian of minor; qualifications; priority of minor's nominee and adult family member.
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The court may appoint as guardian any adult whose appointment would be in the best interests of the minor and is consistent with a priority given to an adult family member. The court shall appoint a person nominated by the minor, if the minor is 14 years of age or older, unless t…
AS 13.26.145 [Renumbered as AS 13.26.311.]
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[Repealed or reserved.]
AS 13.26.147 Court appointment of guardian of minor; procedure.
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(a) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by AS 13.06.110 to: (1) the minor, if the minor is 14 or more years of age; (2) the person who has had the principal ca…
AS 13.26.150 [Renumbered as AS 13.26.316.]
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[Repealed or reserved.]
AS 13.26.153 Subsidized guardianship; procedure.
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Procedures relating to subsidized guardianships for hard-to-place children are governed by AS 25.23.200 — 25.23.240.
AS 13.26.155 Proceedings subsequent to appointment; venue. [Repealed, § 31 ch 53 SLA 2008.]
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[Repealed or reserved.]
AS 13.26.157 Guardianship after voluntary relinquishment; procedure.
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In addition to the applicable procedures under this chapter, a guardianship decree and review of a guardianship decree are governed by the procedures established under AS 25.23.180 and, for a child-in-need-of-aid, AS 47.10.089, pertaining to voluntary relinquishment of parental r…
AS 13.26.162 Consent to service by acceptance of appointment; notice; letters of guardianship requirement.
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By accepting a testamentary or court appointment as guardian, 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…
AS 13.26.165 [Renumbered as AS 13.26.401.]
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[Repealed or reserved.]
AS 13.26.167 Powers and duties of guardian of minor.
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A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of a minor and unemancipated child, except that a guardian is not legally obligated to provide from the guardian's own funds for the ward and is not liable to third persons …
AS 13.26.170 [Renumbered as AS 13.26.406.]
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[Repealed or reserved.]
AS 13.26.171 Termination of appointment of guardian; general.
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A guardian's authority and responsibility terminate upon the death, resignation, or removal of the guardian or upon the minor's death, adoption, marriage, or attainment of majority, but termination does not affect the guardian's liability for prior acts, nor the obligation to acc…
AS 13.26.175 Secs. 13.26.175 , 13.26.180. [Renumbered as AS 13.26.411 and 13.26.415.]
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[Repealed or reserved.]
AS 13.26.181 Proceedings subsequent to appointment; venue.
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(a) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting, and other proceedings relating to the guardianship. (b) If the cour…
AS 13.26.185 [Renumbered as AS 13.26.420.]
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[Repealed or reserved.]
AS 13.26.186 Resignation or removal proceedings; appointment of attorney for minor.
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(a) Any person interested in the welfare of a ward, or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or fo…
AS 13.26.190 Secs. 13.26.190 — 13.26.200. [Renumbered as AS 13.26.425 — 13.26.435.]
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Article 3. Guardians of Incapacitated Persons.
AS 13.26.201 Purpose and basis for guardianship.
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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 necessi…
AS 13.26.205 Secs. 13.26.205 — 13.26.210. [Renumbered as AS 13.26.440 — 13.26.465.]
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[Repealed or reserved.]
AS 13.26.211 211 Testamentary appointment of guardian for incapacitated person.
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(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 pe…
AS 13.26.215 [Renumbered as AS 13.26.470.]
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[Repealed or reserved.]