Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an elderly heir needs help managing personal care or finances in Alaska, you generally choose between a power of attorney and a court-appointed guardian or conservator. Both tools involve different procedures, scopes, and levels of court supervision.
1. Power of Attorney
A power of attorney (POA) allows an individual (the principal) to designate a trusted agent to handle certain decisions. Under Alaska’s Uniform Power of Attorney Act (AS 13.26.100–730), you can grant authority in two main areas:
- Durable Financial POA: Empowers an agent to manage banking, investments, real estate transactions, and bill payments. It remains effective if the principal becomes incapacitated. (See AS 13.26.360.)
- Health Care POA (Advance Directive): Allows an agent to make medical and long-term care decisions when the principal cannot communicate wishes. (See AS 13.52.020.)
To create a valid POA in Alaska:
- The principal must have mental capacity at signing.
- The document must meet form requirements in AS 13.26.200.
- Signatures must be notarized or witnessed by two adult witnesses.
2. Guardianship and Conservatorship
If an elderly individual lacks capacity and has not executed a POA, a concerned party can petition the superior court to appoint a guardian (for personal decisions) or conservator (for financial decisions) under AS 13.26.010–720 (Title 13.26). Key steps include:
- Petition Filing: Submit medical evaluations, capacity assessments, and a proposed plan.
- Court Hearing: The court evaluates clear and convincing evidence of incapacity.
- Least Restrictive Alternative: The court must choose options that limit freedom as little as possible.
- Ongoing Supervision: Guardians and conservators file periodic reports and accountings.
Guardianship covers decisions about health care, living arrangements, and daily care. Conservatorship manages assets, income, and expenses on behalf of the individual.
Helpful Hints
- Discuss options early, before capacity diminishes.
- Choose a reliable, impartial agent or guardian.
- Keep accurate records of all transactions and decisions.
- Review and update POA documents periodically.
- Consult a qualified attorney to ensure compliance with Alaska law.