Probate Code
Each state’s laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating a Proceeding – Filing a Petition:
Any person may initiate guardianship proceedings by filing a petition with the court for a finding of incapacity and the appointment of a guardian for oneself or for another person. The petition must state, among other things, the nature and degree of incapacity and any facts supporting the allegations of incapacity.
Notice of Hearing:
Notice of the petition must be given to the respondent as well as their spouse, parents, and adult children.
Evaluations, Interviews, and Examinations:
Once a petition is filed, the court will schedule a hearing to determine incapacity and the need for a court-appointed guardian. The alleged incapacitated person has the right to the representation of an attorney. If the alleged incapacitated person cannot afford an attorney, the court will appoint an attorney from the office of public advocacy. The court must hold a hearing within 120 days of the date the petition is filed unless it is postponed for good cause. If after a hearing the court or a jury determines the respondent is incapacitated, the judge issues an order appointing a guardian and outlining the scope of the guardian’s powers.
The court must appoint a “visitor” to help manage the investigation and explain proceedings to the respondent. Upon appointment, the visitor will provide notice to the alleged incapacitated person. Among other responsibilities, the visitor must interview the respondent and the person seeking appointment as guardian, explain the proceedings to the respondent, and coordinate to have the respondent evaluated by an expert. The visitor files a report with the court. The court must also appoint an expert to evaluate the competency of the respondent and submit their findings in a report to the court. Interviews and examinations should take place in the alleged incapacitated person’s home unless the person consents to examinations and interviews at a medical facility, or the visitor believes it is in the best interest to conduct the examinations and interviews elsewhere.
Adjudication and Disposition:
In situations where power is only needed over a person’s financial affairs to protect the person, the person to be protected, a person’s attorney, or another legal representative, any person who is interested in the estate, affairs, or welfare of the person, may file a petition for the appointment of a conservator.
Conservatorship:
The process for the appointment of a conservator parallels that of guardianship: notice is provided to all interested parties, the relevant information is gathered, a hearing is held, then a judge renders a decision.
Alaska Stat. §§ 13.26.221 through 13.26.226
Alaska Stat. § 13.26.296
Alaska Stat. § 13.26.415 through Alaska Stat. § 13.26.430
Alaska Stat. § 13.26.480