(a) A person who is allowed to file a petition for a protective order under AS 13.26.180 (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 person must be accompanied by proof of service of the petition on the protected person or the person's attorney unless service would cause an immediate threat of harm to the best interests of the protected person and the petition includes a written explanation of the harm. If the court finds that the petition establishes probable cause that the respondent is financially defrauding the petitioner or a person for whose benefit the petitioner filed the petition and that, because of the fraud, there has been or is an immediate threat of a waste or dissipation of the proposed protected person's funds or other property, the court shall ex parte and without notice to the respondent issue a protective order. The petitioner shall certify to the court in writing any effort that the petitioner made to provide notice to the respondent.
(b) An ex parte protective order under this section may
(1) grant any protection described in AS 13.26.200 ;
(2) supersede an existing power of attorney;
(3) prohibit the respondent from having any direct or indirect contact with the petitioner or other person for whose benefit the petitioner filed the petition; and
(4) prohibit the respondent from taking any act with respect to the funds or other property of the petitioner or other person for whose benefit the petitioner filed the petition.
(c) An ex parte protective order expires 20 days after it is issued, unless dissolved earlier by the court at the request of the petitioner or respondent and after notice and, if requested, a hearing, or on the earlier appointment of a temporary or permanent conservator.
Section: Previous 13.26.180 13.26.185 13.26.190 13.26.195 13.26.200 13.26.205 13.26.206 13.26.207 13.26.208 13.26.209 13.26.210 13.26.215 13.26.220 13.26.225 13.26.230 NextLast modified: November 15, 2016