Alaska Court System Self-Help

In a conservatorship case, the court will schedule a hearing on whether the person should be appointed a conservator because of a disability related to mental illness or deficiency, physical illness or disability, advanced age, chronic drug or alcohol use. The respondent is entitled to have an attorney at the hearing, but if cannot afford one, the court will appoint the Office of Public Advocacy to represent the respondent.

Before the hearing, the court may appoint a visitor that the state pays for who will arrange for evaluations to be performed on the person. The court may also appoint an expert to investigate the respondent’s alleged disability.

The visitor will interview the respondent and any person seeking to be the conservator. The visitor must provide a copy of the petition for conservatorship to the respondent and explain what it means. The visitor will tell the respondent about his or her rights including the right to talk to an attorney or an expert in the field of the respondent’s alleged disability before answering any of the respondent’s questions. The visitor will provide the respondent with:

• Notice of Respondent's Rights Before Visitor's Interview, PG-290

The visitor shall arrange for the expert to examine the respondent. Interviews and examinations of the respondent shall take place in the respondent’s residence unless the respondent agrees or the visitor finds it necessary to going to a medical or mental health facility.

The visitor will file with the court a report on what the evaluations showed and attach the expert’s report within 90 days after the petition is filed, but no later than 10 days before the conservatorship hearing. The person who filed the petition and the respondent have 10 days to file a written response to the visitor’s report if he or she wants to respond.

In addition, if the court appoints a conservator, the court will appoint a visitor every 3 years to file a report about the conservatorship. The state pays the visitor to prepare a report after interviewing the protected person, the conservator and others.

The visitor shall file with the court an evaluation report within 90 days after the petition was filed. The report shall explain alternatives to conservatorship and recommend any that will be less restrictive and protect the respondent’s finances and property. The report may recommend conservatorship only if the visitor determines that alternatives cannot meet the respondent’s needs. The report includes:

• results of medical tests and examinations that describe the respondent’s mental, emotional, physical and educational condition, behavior and social skills
• recommendations on the type of assistance needed to meet the respondent’s essential requirements for managing the respondent’s property and affairs
• evaluation of respondent’s need for mental health treatment and whether available treatment will significantly improve the mental condition
• evaluation of respondent’s need for educational or vocational assistance and whether it is available
• an evaluation of whether the incapacity may significantly lessen what services or treatment will help the respondent’s condition or skills to improve
• list of names and addresses of all individuals who examined, interviewed or investigated the respondent and everyone contacted to prepare the report, and a summary of the information that each provided that supports the conclusions of the visitor’s report
• a description of alternatives to conservatorship that were considered and not recommended and why they won’t be able to meet the respondent’s needs
• a description of the respondent’s financial resources, including eligibility for public benefits and insurance benefits.

If the evaluation report recommends conservatorship, it must also include:

• potential conservators
• specific available services to protect the respondent from serious damage to their property and affairs
• how these services will be paid for
• the specific, least restrictive authority needed by the conservator to provide the recommended services

The petitioner and the respondent may file responses to the evaluation report within 10 days of receiving it.

The respondent has several rights at the hearing, including:

• the right to present evidence
• to cross-examine witnesses
• to remain silent
• to have the hearing open or closed to the public
• be present in the courtroom unless the court determines the respondent’s conduct is so disruptive that the hearing cannot continue with the respondent present
• having a jury determine the issue of disability.

If the court finds the respondent:

• is unable to manage his or her property and affairs because of mental or physical illness, advanced age, chronic drug use or intoxication, fraud, or other reasons
• has property that will be wasted or spent down unless someone properly manages the finances, or that the person needs funds for their care and welfare and that someone is needed to obtain funds such as public benefits

AND

• there are not realistic alternatives to a conservatorship that can meet the respondent’s needs

the court may appoint a conservator. The court shall consider the respondent’s preference about who to appoint as a conservator. The court will provide a written statement that explains the respondent’s rights and what procedures to use to petition the court.

If the court finds alternatives can meet the respondent’s needs, the court may dismiss the action and order alternative form of protection.

If the court determines that a conservatorship is necessary, the court issues a Conservatorship Order that:

• names the conservator
• includes specific findings that supports the conservator’s authority
• states the guardian’s authority regarding control of the protected person’s estate and income to pay for services that the conservator arranges for the protected person’s benefit
• determines the duration of the conservatorship.

The person named as the conservator must file an acceptance of the appointment and acknowledgement of duties and reporting requirements. A relative or friend of the protected person who is appointed as the conservator must complete one hour of mandatory education on the basics of conservatorship before the appointment or within 30 days after the appointment. Depending on the situation, to accept the appointment, file:

• Acceptance of Appointment as Conservator, PG-435
• Acceptance of Appointment as Temporary Conservator, PG-437

The court will issue a document called “Letters of Conservatorship” which states what are the conservator’s powers and whether there are any specific limitations.

The conservator will present the Letters when needed to show what their powers are, such as when dealing with financial issues.

The person appointed as the conservator must complete one hour of mandatory education on the basics of conservatorship before the appointment or within 30 days after the appointment.

The court may require the conservator to post a bond, especially when there are substantial assets that need to be protected.

Alaska law requires all guardians of adults to obtain at least 1-hour of education on the responsibilities of being a guardian. You may satisfy this requirement by a combination of video and reading materials, which are available at your local court.

Reading Materials

• Powers and Duties of a Full Guardian of an Adult, PG-510 (the relevant information starts in the section on duties for managing finances on page 6 and continues through page 17).
• Family Guardian Education Materials binder, compiled by the Alaska State Association of Guardianship and Advocacy (ASAGA)

Video

• Becoming a Guardian or Conservator in Alaska produced by the Alaska State Association of Guardianship and Advocacy (ASAGA). This video is hosted by the KTOO website as a public service.

If you can't view online:

• Anchorage: If you cannot watch the video online at: https://www.ktoo.org/guardianship/ , the Probate/Children’s division, located in the basement of the Nesbett Court House, 825 W 4th Ave., will loan you a DVD to watch at home that you must return after viewing it.
• Fairbanks: Every Monday and Wednesday at 3:00 p.m. in the Jury Assembly room, 2nd floor of the Rabinowitz Courthouse, 101 Lacey Street. Check in with the jury clerk and request the video and binder. Call the probate department at (907) 452-9256 if you have questions.

If you live in Anchorage, you may also satisfy the requirement by attending a class sponsored by the Family Guardian Program. The class is offered the first Tuesday of each month at 4:00 p.m. at the Office of Public Advocacy, 900 W. 5th Ave., Ste. 525. Classes last approximately 1 hour and include an informational video and an opportunity to ask individual questions about the guardianship process. Please call 269-3500 if you plan to attend.

Once you do the required education, fill out and file:

• Affirmation - Education Requirement Satisfied, PG-120

Make 2 copies of the completed form. Provide a copy by mail or hand delivery to the ward in the case. Keep a copy for yourself. File the original with the court.

The courts in Anchorage, Bethel, Dillingham, Fairbanks, Homer, Juneau, Kenai, Kodiak, Palmer, Sitka and Valdez offer free mediation services in adult guardianship and conservatorship cases. The mediator helps those involved make decisions and create plans that will best meet the needs of the vulnerable adult.

Learn more about the Guardianship and Conservatorship Mediation Program, PUB-37.

Read the Confidentiality and Mediation Agreement - Adult Guardianship and Conservatorship which describes mediation, the role of the mediator, and how mediation is confidential in these cases.

If you are interested in mediation and it is available in the court where you filed your case, you may file:

• Request for Court Sponsored Guardianship Mediation, MED-100