How to Serve Process on Minors and Individuals Under Guardianship in Alaska

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

Under Alaska law, you must follow special rules when serving court papers on minors (persons under age 18) or on adults who are under a court-appointed guardianship. These rules ensure that the individual and their caretaker receive proper notice of the legal action.

1. Service on Minors

Minors under age 14: You may serve process by delivering a copy of the summons and complaint to the child’s parent, guardian, or any person having legal custody or control of the child. (See Alaska Rules of Civil Procedure (ARCP) Rule 4(d)(6); link: ARCP 4(d)(6).)
Minors age 14–17: You must serve both the minor personally and the minor’s parent or guardian. Personal service means delivering the documents directly to the minor. Service on the parent or guardian must follow the same rules as serving an adult. (See ARCP 4(d)(7); link above.)

2. Service on Adults Under Guardianship

An adult placed under a guardianship by an Alaska probate court is considered legally incapacitated for certain decisions. The guardian acts on the ward’s behalf.

Personal service on the ward: If the ward is competent to receive papers (typically over age 14), you should serve the documents directly on the ward when possible.
Service on the guardian: You must also serve a copy of the summons and complaint on the guardian. The guardian is the legally authorized representative and will be responsible for responding to the lawsuit. (See AS 13.26.170; link: AS 13.26.170.)

3. Substituted or Alternative Service

If you cannot locate a parent, guardian, or the ward after diligent effort, Alaska law allows substituted service. You must ask the court for an order permitting:

Service by publication in a local newspaper; or
Leaving documents with an adult at the individual’s usual residence; or
Any other method the court deems likely to give actual notice. (See ARCP 4(e); link: ARCP 4(e).)

Helpful Hints

Begin service early. Courts often require proof of service before moving forward with a case.
Check guardianship records in the probate court to confirm the guardian’s identity and address.
Keep a detailed log of all attempts at personal and substituted service.
Use certified mail with a return receipt to document delivery when personal service isn’t possible.
Request the court’s permission before using non-standard service methods to avoid challenges later.