Concerns about Guardianship & Conservatorship
Concerns about a Guardianship
Complaint Process
What If I have a concern about a Guardianship?
Options involving the Court
- Anyone (family, friends, professionals, even the protected person) can petition for review of an existing order. If you file a petition for review, you are expected to participate in the court review process and you are required to send a copy to the parties involved in the case - typically the guardian or conservator and the protected person. To file a petition for review, fill out and file: PG-190, Petition for Review of Guardianship/Conservatorship.
- You can file a complaint with the court by filing Complaint Against a Guardian or Conservator, PG-197. Learn about the complaint process HERE. The complaint process is a pilot program in the Anchorage court location only. If you have a concern about a case in another area, please file the Petition for Review PG-190 or follow the options involving other entities.
Options involving other entities
- If you want to make a confidential report and not be directly involved, you can file a Report of Harm with Adult Protective Services (APS).
- If you are concerned about a person’s rights being violated, you could contact Disability Law Center (DLC) or the Long Term Care Ombudsman (LTCO).
- If you are concerned about a public guardian with the Office of Public Advocacy, you can file a Grievance with OPA to try and resolve internally or if that does not work, you can file a complaint with the State Ombudsman (different from the LTCO).
- If you are concerned about a private, professional guardian, you can file a complaint with the licensing division in Alaska and/or the Center for Guardianship Certification.
- If the person is over 60 years of age and there is financial exploitation, you can file a report with the Elder Fraud & Assistance department.
- If the person receives Social Security and you are concerned about fraud or misuse of an individual’s Social Security funds, you could also file a complaint with the Office of Inspector General.
- If you suspect Medicaid fraud, you can contact the Medicaid Fraud Department.
The Guardianship Complaint process is a pilot program in the Anchorage Court only.
What is the court’s process to complain about a guardian or conservator?
An interested person or the protected person may file a complaint with the court if that individual believes a guardian or conservator has not acted in the protected person’s best interests or there is abuse or neglect or financial mismanagement. Before filing a complaint with the court, review all options to decide which fit the situation. There are several entities that may be appropriate to receive a complaint and you may choose more than one.
How do I fill out the court’s complaint form?
Fill out the Complaint Against a Guardian or Conservator, PG-197 with as much detail as possible. You must include your name, but can request that your name be kept confidential to the parties The content will be disclosed to the guardian or conservator.
How do I file the complaint?
File the complaint by:
- emailing the form to GuardianshipComplaint@akcourts.gov,or
- faxing it to 907-264-0545.
If you cannot email or fax, you may call the Guardianship Helpline at 907-264-0520 and make your complaint by phone.
If you file by email, you will receive notification that the complaint was received. If you fax or call, you will receive a letter confirming receipt.
What happens after a complaint is filed?
The Guardianship Compliance Officer will review the complaint to determine if an investigation is appropriate. If an investigation is needed, the court will take appropriate action, including making a referral to a relevant community entity, and/or appointing a court visitor and an attorney for a review hearing. If the complaint does not raise concerns about a guardian or conservator failing to comply with their statutory requirements or the court has already addressed the concern, no further action will be taken. The Guardianship Compliance Officer may contact the complainant (person filing the form) for follow-up information.
The court will attempt to review complaints within 30 days of receiving the complaint and take appropriate next steps according to the allegations made. As this is a confidential case type, you may not be notified of the actions taken.
Can the Guardianship Compliance Officer change a guardianship or conservatorship based on the complaint?
No, the Guardianship Compliance Officer does not have the authority to remove, sanction, or discipline a guardian or conservator and cannot take follow-up action without judicial approval. This process does not review whether the guardianship or conservatorship orders are appropriate or if the guardianship or conservatorship remains necessary for the protected person. If you believe a change is necessary, please file PG-190, Petition for Review of Guardianship/Conservatorship.