Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.27.010 International application of this chapter.
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A court of this state may treat a foreign country as if it were a state for the purpose of applying AS 13.27.010 — 13.27.210, 13.27.400, 13.27.410, and 13.27.490.
AS 13.27.020 Communication between courts.
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(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in (b) of this section, the court shall make a record of t…
AS 13.27.030 Cooperation between courts.
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(a) In a guardianship or protective proceeding in this state, a court may request the appropriate court of another state to (1) hold an evidentiary hearing; (2) order a person in that state to produce evidence or give testimony under procedures of that state; (3) order that an ev…
AS 13.27.040 Taking testimony in another state.
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Article 2. Jurisdiction. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in anothe…
AS 13.27.100 Exclusive basis.
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AS 13.27.100 — 13.27.180 provide the exclusive basis for subject matter jurisdiction for a court of this state to appoint a guardian or issue a protective order for an adult.
AS 13.27.110 Jurisdiction.
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A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if (1) this state is the respondent's home state; (2) on the date the petition is filed, this state is a significant-connection state, and (A) the respondent does not have a …
AS 13.27.120 Special jurisdiction.
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(a) A court of this state lacking jurisdiction under AS 13.27.110 has special jurisdiction to (1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (2) issue a protective order with respect to real or tan…
AS 13.27.130 Exclusive and continuing jurisdiction.
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Except as otherwise provided in AS 13.27.120, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by i…
AS 13.27.140 Appropriate forum.
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(a) A court of this state having jurisdiction under AS 13.27.110 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state decline…
AS 13.27.150 Jurisdiction declined by reason of conduct.
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(a) If, at any time, a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashion…
AS 13.27.160 Notice of proceeding.
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If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…
AS 13.27.170 Proceedings in more than one state.
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Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under AS 13.27.120(a)(1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this …
AS 13.27.180 Definitions for AS 13.27.100 — 13.27.180.
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Article 3. Transfer of Guardianship or Conservatorship. In AS 13.27.100 — 13.27.180, (1) “emergency” means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no …
AS 13.27.200 Petition to transfer guardianship or conservatorship to another state.
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(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition to transfer a guardianship or conservatorship under (a) of this section must be given to the persons who would b…
AS 13.27.210 Accepting guardianship or conservatorship transferred from another state.
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Article 4. Registration and Recognition of Orders from Other States. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those in AS 13.27.200, the guardian or conservator must petition the court in this state to acce…
AS 13.27.300 Registration of guardianship orders.
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If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…
AS 13.27.310 Registration of protective orders.
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If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this s…
AS 13.27.320 Effect of registration.
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Article 5. Miscellaneous Provisions. (a) On registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including…
AS 13.27.400 Uniformity of application and construction.
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In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
AS 13.27.410 Relation to Electronic Signatures in Global and National Commerce Act.
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This chapter modifies, limits, and supersedes 15 U.S.C. 7001, et seq. (Electronic Signatures in Global and National Commerce Act), but does not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
AS 13.27.420 Relation to AS 13.26.
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Article 6. General Provisions. Nothing in this chapter limits the rights of an incapacitated person available in a guardianship or conservatorship proceeding in this state under AS 13.26.
AS 13.27.490 Definitions.
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In this chapter, (1) “adult” means an individual who has reached 18 years of age; (2) “conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under AS 13.26.401; (3) “guardian” means a person appointed by the court …
AS 13.27.495 Short title.
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This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.