PETITION FOR APPOINTMENT OF GUARDIAN
(Alaska – Probate Division, Guardianship Matter)
[// GUIDANCE: This template is drafted for use in the Alaska Superior Court, Probate Division. It is intentionally broader than the standard court form so that counsel may tailor content to complex or contested matters. Delete any bracketed text that is inapplicable and complete all placeholders before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
AT [JUDICIAL DISTRICT / LOCATION]
Probate DivisionIn the Matter of the Guardianship of
[WARD NAME],
a [n Incapacitated Person | Minor].Case No.: _____
PETITION FOR APPOINTMENT OF GUARDIAN
1.1 Parties
a. Petitioner: [PETITIONER NAME], an individual of legal age and resident of [COUNTY], State of Alaska.
b. Proposed Ward: [WARD NAME], date of birth [MM/DD/YYYY], currently residing at [ADDRESS / FACILITY].
1.2 Recitals
A. Petitioner seeks appointment as guardian pursuant to the guardianship provisions of Title 13, Chapter 26 of the Alaska Statutes and Alaska Probate Rules.
B. The Proposed Ward is [a minor under 18 years of age | an incapacitated person unable to meet essential requirements of health, safety, or self-care].
C. This Court has jurisdiction because the Proposed Ward resides or is present in this judicial district.
D. The Petition is filed on [EFFECTIVE DATE] (“Effective Date”).
2. DEFINITIONS
For purposes of this Petition, the following terms have the meanings set forth below:
“Bond” – The fiduciary surety bond required of a guardian by the Court in an amount the Court deems sufficient to protect the Ward’s estate.
“Court” – The Superior Court for the State of Alaska, Probate Division, having jurisdiction over this matter.
“Guardianship” – The legal relationship established by Court order under which a guardian is vested with authority and duty to provide for the Ward’s care and, if applicable, to manage the Ward’s finances.
“Letters of Guardianship” – The official certification issued by the Court evidencing a guardian’s authority.
“Petitioner” – The individual identified in § 1.1(a) seeking appointment as guardian.
“Proposed Ward” or “Ward” – The individual identified in § 1.1(b) for whom guardianship is sought.
[Add additional defined terms as needed.]
3. OPERATIVE PROVISIONS
3.1 Request for Relief
Petitioner respectfully requests that the Court:
1. Adjudge the Proposed Ward to be [a minor | an incapacitated person] in need of a guardian;
2. Appoint Petitioner as [full | limited] guardian;
3. Require Petitioner to post Bond in the amount of $[AMOUNT] or such other amount the Court finds appropriate;
4. Issue any protective orders necessary to safeguard the Ward’s person and estate; and
5. Grant such further relief as the Court deems just and proper.
3.2 Scope of Guardianship Sought
a. Type: [Full Guardianship | Limited Guardianship – specify limited powers].
b. Proposed Duration: [Until the Ward attains majority | Until further order of the Court | Term not to exceed ___ years].
c. Reporting: Petitioner acknowledges annual reporting obligations, including (i) Guardian’s Report on the Condition of Ward and (ii) Accounting for any estate assets.
3.3 Conditions Precedent
Appointment shall become effective only upon:
1. Court’s determination of prerequisite statutory findings;
2. Filing of Letters of Guardianship executed by the Clerk; and
3. Posting and approval of the required Bond.
[// GUIDANCE: In contested matters, counsel may add discovery, evaluation, or notice conditions here.]
4. REPRESENTATIONS & WARRANTIES
Petitioner represents and warrants that:
a. Petitioner is at least 18 years of age, of sound mind, and not a person with an adverse interest to the Ward.
b. No prior felony conviction involving dishonesty, fraud, or moral turpitude is attributable to Petitioner.
c. Petitioner is not currently serving as guardian for more than five (5) Wards, exclusive of family members, absent special Court authorization.
d. All statements contained herein are true and complete to the best of Petitioner’s knowledge, information, and belief, and are made under penalty of perjury.
e. Petitioner has disclosed all known alternative arrangements less restrictive than guardianship (e.g., powers of attorney, supported decision-making agreements).
Representations survive the issuance of Letters of Guardianship and remain in effect throughout Petitioner’s tenure as guardian.
5. COVENANTS & RESTRICTIONS
Petitioner covenants that, upon appointment, Petitioner shall:
1. Fiduciary Standards: Act in the Ward’s best interests and in accordance with all applicable statutes, court rules, and fiduciary duties.
2. Care Plan: Within sixty (60) days of appointment, file an initial care plan addressing medical, educational, residential, and social needs of the Ward.
3. Financial Management: Segregate the Ward’s assets, maintain accurate records, and secure Court approval for any expenditure exceeding $[THRESHOLD] or for sale of real property.
4. Notice of Material Events: Provide written notice to the Court and interested persons of (i) change of address, (ii) significant decline in Ward’s health, or (iii) intention to resign.
5. Compliance Audits: Submit to periodic audits or reviews as ordered by the Court.
6. DEFAULT & REMEDIES
6.1 Events of Default
The following constitute defaults:
a. Failure to file required annual reports or accountings within thirty (30) days after due date;
b. Misappropriation, waste, or self-dealing with respect to the Ward’s assets;
c. Violation of fiduciary duties or Court orders;
d. Failure to maintain Bond.
6.2 Notice & Cure
Upon written notice of default from any interested person or the Court, Petitioner shall have fifteen (15) days to cure, unless the Court orders immediate suspension to protect the Ward.
6.3 Remedies
- Suspension or removal of guardian;
- Forfeiture of Bond, with proceeds applied to compensate the Ward;
- Surcharge against Petitioner for losses caused by breach;
- Contempt sanctions, attorneys’ fees, and costs.
7. RISK ALLOCATION
7.1 Indemnification
Petitioner acknowledges personal liability for any breach of fiduciary duty and agrees to indemnify and hold harmless the Ward and the Ward’s estate from all loss, cost, or damage arising therefrom, subject to statutory limitations.
7.2 Bond Requirement
Prior to issuance of Letters of Guardianship, Petitioner shall furnish a surety Bond in the penal sum of $[AMOUNT] or as otherwise ordered, conditioned on faithful performance of duties.
7.3 Insurance
[OPTIONAL] Petitioner shall maintain liability insurance in coverage amounts not less than $[AMOUNT] per occurrence for acts or omissions committed in the course of guardianship duties.
7.4 Force Majeure
Non-performance caused by events beyond guardian’s reasonable control (natural disasters, governmental actions, epidemics) that prevent compliance with reporting deadlines shall not constitute default, provided that Petitioner notifies the Court within five (5) days of the event and seeks appropriate relief.
8. DISPUTE RESOLUTION
a. Governing Law: All matters are governed by the substantive and procedural laws of the State of Alaska.
b. Forum Selection: Exclusive jurisdiction and venue lie with the Alaska Superior Court, Probate Division, [JUDICIAL DISTRICT / LOCATION].
c. Arbitration: Arbitration is not available for guardianship matters.
d. Jury Trial: No right to jury trial exists in probate guardianship proceedings.
e. Injunctive Relief: The Court retains authority to enter protective orders and other equitable relief to safeguard the Ward.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver: This Petition may be amended only by written instrument filed with and approved by the Court. No waiver of any provision shall be effective unless expressly made by Court order.
9.2 Assignment & Delegation: Petitioner may not delegate guardianship powers or duties without prior Court approval.
9.3 Successors & Assigns: Obligations herein bind any successor guardian appointed by the Court.
9.4 Severability: If any provision is determined unenforceable, the remaining provisions shall remain in full force to the extent consistent with applicable law.
9.5 Integration: This Petition and any exhibits or schedules constitute the entire submission concerning guardianship of the Proposed Ward.
9.6 Electronic Signatures: Signatures executed and transmitted electronically (e.g., via Alaska Court System’s TrueFiling) shall be deemed originals for all purposes.
10. EXECUTION BLOCK
Respectfully submitted this _ day of _, 20____.
[PETITIONER NAME]
Petitioner
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]
VERIFICATION
I, [PETITIONER NAME], declare under penalty of perjury that I have read the foregoing Petition, know the contents thereof, and that the statements contained herein are true and correct to the best of my knowledge and belief.
Date: __ 20_.
[PETITIONER NAME]
NOTARY ACKNOWLEDGMENT
State of Alaska )
) ss.
[Judicial District] )
On this ___ day of _, 20_, before me, the undersigned notary public in and for the State of Alaska, personally appeared [PETITIONER NAME], proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to this instrument, and acknowledged that he/she executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
Notary Public in and for the State of Alaska
My commission expires: ___
[// GUIDANCE: Attach any required exhibits—e.g., Physician’s or Psychological Evaluation, Proposed Care Plan, Financial Inventory, and Interested Persons List. Confirm with local court clerk for any mandatory Alaska Court System (ACS) forms that must accompany this Petition.]