Alaska Statutes Title 13, Chapter 13.26, Article 03 - Guardians of Incapacitated Persons

• Sec. 13.26.090 Purpose and Basis for Guardianship.
  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...
• Sec. 13.26.095 Testamentary Appointment of Guardian for Incapacitated Person.
  (a) The parent of an incapacitated person may by will appoint a guardian of the incapacitated person. A testamentary appointment by a parent becomes...
• Sec. 13.26.100 Venue.
  The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present. If the incapacitated...
• Sec. 13.26.105 Petition.
  (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)...
• Sec. 13.26.106 Initial Court Procedures.
  (a) Upon the filing of a petition, the court shall schedule a hearing on the issue of incapacity. The hearing shall be conducted within...
• Sec. 13.26.107 Notice of Rights of Respondent.
  (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...
• Sec. 13.26.108 Visitor's Report.
  (a) The visitor shall file with the court an evaluation report, proof of service of the petition upon the respondent, and proof of service...
• Sec. 13.26.109 Evaluations; Right to Remain Silent; Respondent's Attorney or Expert.
  (a) A ward or respondent has the right to refuse to respond to questions in the course of examinations and evaluations. However, the ward...
• Sec. 13.26.110 Findings; Order of Appointment. [Repealed, Sec. 21 Ch 83 Sla 1981. for Current Law See As 13.26.116 ].
  
  Repealed or Renumbered
• Sec. 13.26.111 Duties and Powers of Attorney of Ward or Respondent.
  (a) The principal duty of an attorney representing a ward or respondent is to represent the ward or respondent zealously. Zealous representation includes at...
• Sec. 13.26.112 Appointment of a Guardian Ad Litem. [Repealed, Sec. 31 Ch 84 Sla 2004].
  Repealed or Renumbered
• Sec. 13.26.113 Hearing and Determination.
  (a) At the hearing scheduled under AS 13.26.106 , the respondent has the right to(1) present evidence on the respondent's own behalf;(2) cross-examine adverse...
• Sec. 13.26.114 Psychotropic Medication Influencing Wards or Respondents At Judicial Hearings.
  (a) A ward or respondent has a right to participate to the maximum extent possible in all judicial proceedings concerning the ward or respondent...
• Sec. 13.26.115 Acceptance of Appointment; Consent to Jurisdiction.
  By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted...
• Sec. 13.26.116 Guardianship Order.
  (a) If the court or jury determines that a person is incapacitated and the services of a guardian are necessary, the court shall enter...
• Sec. 13.26.117 Guardianship Implementation Report.
  Within 90 days after distribution of the order of appointment as guardian, the guardian shall submit to the court a report. The report must...
• Sec. 13.26.118 Other Reports.
  (a) A guardian shall submit a report to the court at least annually. In addition, every third year, the court shall appoint a visitor...
• Sec. 13.26.120 Termination of Guardianship for Incapacitated Person.
  (a) The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of...
• Sec. 13.26.125 Removal or Resignation of Guardian; Change in or Termination of Guardianship.
  (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...
• Sec. 13.26.130 Visitor in Guardianship Proceeding. [Repealed, Sec. 21 Ch 83 Sla 1981. for Current Law See As 13.26.106 and 13.26.108].
  
  Repealed or Renumbered
• Sec. 13.26.131 Costs in Guardianship Proceedings.
  (a) Subject to (d) of this section, the state shall bear the costs of the visitor and expert appointed under AS 13.26.106 (c).(b) Subject...
• Sec. 13.26.135 Notices in Guardianship Proceedings.
  (a) In a proceeding for the appointment, change in responsibilities, or removal of a guardian, or termination of guardianship, other than the appointment of...
• Sec. 13.26.140 Temporary Guardians; Authorization of Services.
  (a) If during the pendency of an initial petition for guardianship it appears that the respondent is in need of immediate services to protect...
• Sec. 13.26.141 Emergency Powers.
  Notwithstanding the limits of a temporary guardianship or guardianship order, a temporary guardian and guardian at all times have the right to authorize the...
• Sec. 13.26.145 Who May Be Guardian; Priorities.
  (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)...
• Sec. 13.26.150 General Powers and Duties of Guardian.
  (a) A guardian shall diligently and in good faith carry out the specific duties and powers assigned by the court. In carrying out duties...
• Sec. 13.26.155 Proceedings Subsequent to Appointment; Venue. [Repealed, Sec. 31 Ch 53 Sla 2008].
  Repealed or Renumbered

Last modified: November 15, 2016