Adult Guardianship / Conservatorship Petition Packet

ALASKA ADULT GUARDIANSHIP / CONSERVATORSHIP PETITION PACKET

PART 0 — PRE-PETITION CHECKLIST AND TRIAGE

0.1 Type of Relief Sought

☐ Guardianship of the Person (AS 13.26.201) — respondent is an incapacitated person unable to meet essential requirements for physical health or safety
☐ Full Guardianship — respondent lacks capacity to meet essential needs across all areas
☐ Partial / Limited Guardianship (AS 13.26.266) — guardian's authority limited to specific areas of incapacity
☐ Conservatorship / Protective Order (AS 13.26.401) — respondent unable to manage property and financial affairs effectively
☐ Temporary Guardian (AS 13.26.301) — imminent danger to physical health or safety pending the proceeding
☐ Both Guardianship and Conservatorship

0.2 Least Restrictive Alternatives Reviewed (REQUIRED — AS 13.26.201)

☐ Durable Power of Attorney for finances reviewed and found insufficient / not in force / abused
☐ Advance Health Care Directive (AS 13.52) reviewed and found insufficient
☐ Representative Payee (Social Security / VA) considered
☐ Supported Decision-Making Agreement (AS 13.56) considered
☐ Special Needs Trust / supplemental needs planning considered
☐ Community-based and in-home supports evaluated
☐ Respondent's capacity to execute new planning documents assessed — INSUFFICIENT

0.3 Pre-Filing Diligence

☐ Venue confirmed under AS 13.26.216 (residence or presence of respondent)
☐ Professional evaluation / capacity assessment arranged (AS 13.26.241)
☐ Court will appoint a court visitor and an attorney for the respondent (AS 13.26.226)
☐ Relatives by blood or marriage identified for notice (AS 13.26.221(b)(6))
☐ Bond for conservator of the estate estimated or waiver justification prepared
☐ Filing fee or fee waiver prepared

PART 1 — PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[____________________] JUDICIAL DISTRICT AT [____________________]

1. PETITIONER (AS 13.26.221(b)(1))

Petitioner is [FULL NAME OF PETITIONER], age [____], of [________________________________].

Relationship to respondent: ☐ Spouse ☐ Adult child ☐ Parent ☐ Adult sibling ☐ Other relative ☐ Friend/interested person ☐ Public guardian ☐ Self (respondent) ☐ Other [____________________].

Under AS 13.26.221(a), any person may petition for a finding of incapacity and appointment of a guardian.

2. RESPONDENT (AS 13.26.221(b)(2)–(3))

3. RELIEF REQUESTED (AS 13.26.221(b)(5))

Petitioner requests appointment of:

☐ [NAME] as GUARDIAN of the person of the respondent (☐ full ☐ partial/limited)
☐ [NAME] as CONSERVATOR of the estate / for a protective order
☐ Both
☐ Temporary guardian under AS 13.26.301 (imminent danger — facts stated in Part 1.8)

Particular type and duration of appointment and protection/assistance sought: [________________________________]

4. NATURE AND DEGREE OF INCAPACITY (AS 13.26.201; AS 13.26.221(b)(4))

Respondent is an incapacitated person whose ability to meet essential requirements for physical health or safety, or to manage property and financial affairs, is impaired. Nature and degree of alleged incapacity:

[________________________________]
[________________________________]

5. FACTS SUPPORTING INCAPACITY AND NEED FOR APPOINTMENT (AS 13.26.221(b)(7))

[________________________________]
[________________________________]
[________________________________]

6. CONSERVATORSHIP GROUNDS (AS 13.26.401) — if estate relief sought

The court may appoint a conservator or make a protective order if the respondent is unable to manage property and business affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs or intoxication, confinement, detention, or disappearance, AND has property that will be wasted or dissipated unless management is provided, or funds are needed for support and welfare.

☐ Respondent is unable to manage property and financial affairs effectively
☐ Property will be wasted/dissipated, or funds are needed for support, care, and welfare

Approximate value and description of estate:

7. LESS RESTRICTIVE ALTERNATIVES (AS 13.26.201)

8. TEMPORARY GUARDIANSHIP (AS 13.26.301) — if requested

Facts showing imminent danger that respondent's physical health or safety will be seriously impaired during the pendency of the proceeding: [________________________________]

9. PERSONS KNOWN TO HAVE HELPFUL KNOWLEDGE (AS 13.26.221(b)(8))

VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct to the best of my knowledge.

Executed on [__/__/____] at [____________________], Alaska.

[____________________________]
Petitioner

PART 2 — INDIVIDUALS MOST CLOSELY RELATED / INTERESTED PERSONS (AS 13.26.221(b)(6))

List individuals most closely related to the respondent by blood or marriage and other interested persons entitled to notice:

PART 3 — NOTICE TO RESPONDENT AND INTERESTED PERSONS

NOTICE OF FILING OF PETITION AND HEARING

NOTICE IS GIVEN that a Petition for Appointment of Guardian and/or Conservator has been filed regarding [NAME OF RESPONDENT] in the Superior Court for the State of Alaska, [____________________] Judicial District, and will be heard on:

You may appear and object. The court will appoint a court visitor and an attorney to represent the respondent (AS 13.26.226).

PART 4 — STATEMENT OF RESPONDENT'S RIGHTS (AS 13.26.231; AS 13.26.241; AS 13.26.251)

TO: [NAME OF RESPONDENT] — A petition has been filed asking the court to find that you are an incapacitated person and to appoint a guardian and/or conservator. You have the following rights:

• The right to be represented by an attorney, and the court will appoint an attorney to represent you (AS 13.26.226).
• The right to be present at and to attend the hearing (AS 13.26.251).
• The right to present evidence, to call witnesses, and to cross-examine witnesses, including the court visitor and any evaluator.
• The right to remain silent and to refuse to undergo evaluations, subject to AS 13.26.241.
• The right to engage your own expert or independent evaluator (AS 13.26.241).
• The right to have the court consider less restrictive alternatives and to order only the guardianship/conservatorship necessitated by your actual limitations (AS 13.26.201).
• The right to retain all legal and civil rights except those expressly limited by court order (AS 13.26.201).
• If a guardian/conservator is appointed, you may lose certain rights, which the court order will specify.

PART 5 — COURT VISITOR AND PROFESSIONAL EVALUATION (AS 13.26.226, AS 13.26.236, AS 13.26.241)

The court will appoint a court visitor who will interview the respondent, explain the proceeding, and submit a written report (AS 13.26.236). The court will also order a professional evaluation of the respondent's capacity (AS 13.26.241).

5.1 Professional Evaluation / Capacity Assessment (Placeholder)

Evaluator signature: [____________________________] Date: [__/__/____]

PART 6 — PRIORITY OF GUARDIAN / BOND (AS 13.26.311)

6.1 Priority

Nominated guardian/conservator and priority basis (AS 13.26.311): [________________________________]

Respondent ☐ has ☐ has not nominated a guardian/conservator. Nomination attached as Exhibit [____].

6.2 Bond (Conservator of the Estate)

☐ Bond requested in the amount of $[____________]
☐ Bond waived because [________________________________]
☐ Assets to be placed in a restricted/blocked account

PART 7 — PROPOSED ORDER

ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

This matter came before the court on the Petition. Having considered the petition, the court visitor's report, the professional evaluation, the report of respondent's attorney, and the evidence, the court FINDS:

1. ☐ Notice was given as required by AS 13.26.231 and the rules.
2. ☐ Respondent is an incapacitated person as defined by AS 13.26.201.
3. ☐ The appointment is necessary and is the least restrictive alternative consistent with AS 13.26.201.
4. ☐ The proposed guardian/conservator is qualified and has priority under AS 13.26.311.
5. ☐ (Conservator) Respondent is unable to manage property and affairs effectively and grounds under AS 13.26.401 are met.

IT IS ORDERED:

• [NAME] is appointed ☐ Guardian (☐ full ☐ partial) of the person ☐ Conservator of the estate of [RESPONDENT NAME].
• The guardian shall have the powers and duties set out in AS 13.26.316, limited as follows: [________________________________]
• Rights retained by the ward / protected person: [________________________________]
• Conservator shall file bond of $[____________] or bond is waived; assets ☐ blocked.
• The guardian shall file a guardianship implementation report (AS 13.26.271) and periodic reports (AS 13.26.276).
• Letters of guardianship/conservatorship shall issue upon qualification.
• Review set for [__/__/____].

Dated: [__/__/____] [____________________________]
Superior Court Judge

PART 8 — POST-APPOINTMENT OBLIGATIONS (REFERENCE)

☐ Guardian completes required education (Alaska Court System / ASAGA, within 30 days)
☐ Guardianship implementation report filed (AS 13.26.271, within 90 days)
☐ Annual report filed (AS 13.26.276)
☐ Conservator inventory filed; periodic accountings filed
☐ Periodic court review by court visitor

SOURCES AND REFERENCES

• AS 13.26.201 et seq. (Guardians of Incapacitated Persons) — https://law.justia.com/codes/alaska/title-13/chapter-26/article-3/
• AS 13.26.221 (Petition — contents); AS 13.26.226 (court visitor and attorney); AS 13.26.231 (rights of respondent); AS 13.26.241 (evaluations); AS 13.26.251 (hearing); AS 13.26.266 (guardianship order); AS 13.26.311 (priorities); AS 13.26.316 (powers and duties)
• AS 13.26.401 et seq. (Conservators; protective proceedings)
• SB 190 (2024) — guardianship/conservatorship reform; verify current section numbers
• Alaska Court System self-help: https://courts.alaska.gov/shc/guardian-conservator/index.htm
• Alaska Court System forms PG-505, PG-510

END OF PACKET