Alaska Court System Self-Help

The Alaska Court System has a three-part video about guardianship. Part I and Part II cover information about what to think about before filing a petition, and then the petitioning process including the role and responsibilities of the petitioner. It also includes information about alternatives to guardianship that may be more appropriate.

If you have questions about the forms or procedure, you can contact the Guardianship Helpline at 907-264-0520 or guardianshiphelpline@akcourts.gov.

There is a petition form to start a guardianship case for an adult.

• Adult Guardianship Petition Packet, PG-500
  • Cover Sheet, PG-500
  • Instructions: How to Ask the Court to Appoint a Guardian for an Adult, PG-505
  • Petition for Appointment of a Guardian for an Adult, PG-100
  • Notice of Guardianship Hearing (to Interested Persons), PG-115
  • Certificate of Service by Certified Mail, PG-117
• Information on court fees and fee waivers
• Powers and Duties of a Full Guardian of an Adult (Booklet), PG-510

You may request that the court appoint a temporary guardian if the respondent or person who needs a guardian:

• needs immediate services to protect the person against serious injury, illness or disease, and
• is not capable of arranging the necessary services.

If the court appoints a temporary guardian during the guardianship case, it will expire when the court appoints a regular (full or partial) guardian, or when the petition for appointment of a guardian is dismissed.

If there is an emergency, for appointment of a temporary guardian, fill out:

• Emergency Petition Packet - Adult Guardianship, PG-520
  • Cover Sheet, PG-520
  • Instructions: How to Ask the Court to Appoint a Temporary Guardian in an Emergency, PG 525
  • Emergency Petition for Appointment of a Temporary Guardian, PG-101

AND

• Adult Guardianship Petition Packet, PG-500
  • Cover Sheet, PG-500
  • Instructions: How to Ask the Court to Appoint a Guardian for an Adult, PG-505
  • Petition for Appointment of a Guardian for an Adult, PG-100
  • Notice of Guardianship Hearing (to Interested Persons), PG-115
  • Certificate of Service by Certified Mail, PG-117

If the situation is not an emergency that would require the court to make a decision within 3 business days, but there are issues that need to be addressed on a shortened timeline, you can file PG-108, Motion for a Hearing on a shortened time frame. This will allow the petitioner to notify the court of any concerns that need more immediate attention and in what timeframe, but are not emergencies.

To request partial guardianship, file the same forms you would use to request a full guardianship, and mark the areas in which you think the adult needs help:

• Adult Guardianship Petition Packet, PG-500
  • Cover Sheet, PG-500
  • Instructions: How to Ask the Court to Appoint a Guardian for an Adult, PG-505
  • Petition for Appointment of a Guardian for an Adult, PG-100
    (In section C.4., only check the areas in which you think the adult needs help)
  • Notice of Guardianship Hearing (to Interested Persons), PG-115
  • Certificate of Service by Certified Mail, PG-117
• Information on court fees and fee waivers
• Powers and Duties of a Full Guardian of an Adult (Booklet), PG-510

Anyone can request the court appoint a guardian for an incapacitated person by filing the petition for guardianship. The person who files is called “the petitioner” and that does not need to be the same person as the proposed guardian. The petitioner will need to convince the court that the person needs a guardian because they do not have the capacity to take care of their needs. The court considers whether the proposed guardian meets the legal requirements. You can learn more by watching the three-part video series.

The court can receive petitions in-person during business hours, by mail and by email. You can find out more about emailing a petition on the court website. The petition does need to be notarized prior to filing. The filing fee of $150 also needs to be paid unless you are requesting a fee waiver. You can pay if you file in person; if you mail or email, the court will send instructions on how to pay online or you can send along the fee waiver form. To mail or file in person, you can find your court location.

Either the guardian, person subject to a guardianship, or a person with an interest in the protected person’s welfare, including the court can begin a review to:

• Appoint a co-guardian
• Change the guardian to a new person
• Change the authority in the order
• End the guardianship
• Accept your resignation as the guardian

You can file:

• Petition for Review of Guardianship/ Conservatorship, PG-190 [Fill-In PDF]
• You may attach any documentation you believe to be relevant to the petition.

Make 2 copies of the completed form. Provide a copy by mail or hand delivery to the person subject to guardianship ward and the guardian in the case. Keep a copy for yourself. File the original with the court. You can file in-person, by mail or by email.

For more information about the process once you file, see the next section of the website or watch Part II of the three-part video series.

If you have been appointed as a guardian in another state, you can request the order be transferred from the original state to Alaska if the original state has adopted the Uniform Adult Guardianship and Protective Proceedings Act (UAGPPJA). States that have not adopted the UAGPPJA are Florida, Michigan and Texas. If you have an order from one of these three states, you must file a full petition, PG-100 and attach your current orders when filing.

To transfer a court order into Alaska, the steps are as follows:

• First, obtain a Provisional Order of Transfer from your original court. This order notifies the original court that you want to transfer and indicates to the Alaska Court, the appointment is in good standing.
• Once you have the provisional order to transfer, you may file PG-751 Petition to Transfer Guardianship Into Alaska along with your provisional order to transfer and your order of appointment as guardian to the appropriate court location. The court will review the documents and decide if they will accept the transfer or if a hearing is necessary.
• Once the transfer is accepted, the Alaska court will issue a provisional order of acceptance for you to file with your original court who should then provide you with an order to terminate the order in that state.
• The termination order from your original court will be filed with the Alaska court that will then issue the orders based on your current authority.

A transfer between states can only happen if the person appointed remains the same; a change in the appointment of who will be the guardian must be done first in the original court. A change in authority cannot be changed during a transfer although there may be some variation between states on what guardians can or cannot do. For example, in Alaska, a person subject to a guardianship retains the right to vote where in other states, they may not.

Transfers into Alaska are subject to the $150 filing fee or a fee waiver can be requested.

The process to file for a transfer to move a guardianship from Alaska to another state is similar to the above direction.

• File PG-753, Petition for Provisional Order to Transfer with the court where you have your existing appointment. Make sure your case is in good standing meaning you have filed all requested paperwork.
• The court will issue PG-754, a Provisional Order to Transfer.
• You will file your original Alaska orders along with the Provisional Order to Transfer to the new state where you have moved.
• Once you receive orders in the new state, you’ll file the acceptance with the Alaska Court and a final report in most cases.
• If you have questions at all during a transfer process, you can contact the Guardianship Helpline at 907-264-0520 or guardianshiphelpline@akcourts.gov.