Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for personal guidance.
Detailed Answer
When a relative cannot manage personal or financial affairs due to incapacity, you can petition the Alaska Superior Court for guardianship (personal decisions) or conservatorship (estate management), or both. This process follows Alaska Statutes Title 13, Chapter 26:
1. Identify the Appropriate Proceeding
Guardianship covers personal and healthcare decisions. Conservatorship covers financial and asset management. You can seek one or both depending on the incapacitated person’s needs. See Alaska Statutes §13.26.010 (Definition of guardianship and conservatorship).
2. File a Petition with the Superior Court
Submit a Form GC-802 (Petition for Appointment of Guardian and/or Conservator) in the district where the proposed ward lives. Explain the nature and degree of incapacity. Attach a physician’s or licensed psychologist’s certificate. See Alaska Statutes §13.26.210 (Petition requirements) and §13.26.230 (Medical certificate).
3. Provide Notice to Interested Parties
Serve notice on the proposed ward, close relatives, and interested parties at least 30 days before the hearing. File proof of service with the court. See Alaska Statutes §13.26.340 (Notice requirements).
4. Attend the Court Hearing
The court conducts an evidentiary hearing. The judge may appoint an independent evaluator or a guardian ad litem to assess capacity. The proposed ward can attend, present evidence, and be represented by counsel. See Alaska Statutes §13.26.411 (Guardian ad litem).
5. Obtain Letters of Guardianship and/or Conservatorship
If the court finds incapacity and that the appointment is necessary and appropriate, it issues letters authorizing the guardian or conservator to act. Guardians act under §13.26.400 and conservators under §13.26.380.
6. Fulfill Post-Appointment Duties
The guardian must file periodic status reports. The conservator must inventory assets and file annual accountings. Both owe fiduciary duties and must act in the ward’s best interests. See Alaska Statutes §13.26.360 (Guardian reports) and §13.26.380 (Conservator duties).
Helpful Hints
- Gather medical and financial records before filing.
- Consider less restrictive alternatives like powers of attorney or health care directives.
- Communicate openly with family to minimize conflicts.
- Consult an attorney experienced in Alaska probate and guardianship law.
- Prepare a detailed inventory of the ward’s assets and liabilities.
- Maintain accurate records of all decisions and expenditures.
- Be aware of court fees and potential bond requirements.