Alaska Court System Self-Help

In a guardianship case, the court will schedule a hearing on whether the person is incapacitated within 120 days from when the petition was filed, unless the court finds a good reason to delay the hearing. While the court has 120 days to schedule a hearing, it may be as quick as 60 to 90 days.

The person subject to the guardianship, also known as 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. The person has the option to find their own attorney but must pay themselves.

Before the hearing, the court will appoint a “visitor” that the court pays for who will review the petition, conduct interviews and if needed, arrange for evaluations to be performed on the person. The court will also appoint an expert in the area of the person’s alleged incapacity to examine the respondent and write a report unless there are sufficient medical or mental health records from existing providers who could be appointed as the expert.

The attorney represents the person’s wishes.

The guardian ad litem (or GAL) is a person appointed by the court to represent the respondent’s best interests and rights in the proceedings. The court appoints A GAL, generally an attorney, if the court decides that the respondent cannot determine his own interests because of impaired ability. A GAL's duties end when guardianship proceedings are over.

The court expert (or medical expert) has expertise regarding the incapacity of the person and has evaluated or treated the person. For example, the expert in a guardianship case could be the person's medical doctor, psychologist, or psychiatrist. The court appoints an expert who will submit a report and be available to testify at the hearing if needed. If there are not sufficient records from the person’s medical or mental health history, the court could order an evaluation. If the person does not have insurance coverage to pay for the evaluation, the court will take pay for the expert.

The person subject to the guardianship could decide to get their own expert outside but would be responsible to pay the expert’s costs.

The court visitor is a neutral person trained or experienced in law, medical care, mental health care, pastoral care, education, rehabilitation or social work. The court appoints a visitor to make a thorough independent investigation and evaluation of all information relevant to the person's case. The court visitor recommends to the court what type of protective appointment, if any, is in the person's best interests.

The visitor will interview the person and any person seeking to be the guardian. The visitor must provide a copy of the petition to the person and explain what it means. The visitor will tell the person about their rights including the right to talk to an attorney and an expert in the field of the person’s alleged incapacity before answering any of the person’s questions. The visitor will provide the person with:

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

The visitor shall arrange for the expert to examine the person if it is court ordered. Interviews and examinations of the person shall take place in the person’s residence unless the person 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 guardianship hearing, unless an emergency or expedited hearing is set. The person who filed the petition and the respondent have 10 days to file a written response to the visitor’s report if they want to respond.

The parties can use PG-930, Response to the Court Visitor Report, to respond to a court visitor report.

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

The visitor shall file with the court an evaluation report within 90 days after the petition was filed or 10 days prior to the hearing. The report shall explain alternatives to guardianship and recommend any that will safeguard the person’s essential requirements for physical health and safety. The report may recommend personal guardianship only if the visitor determines that alternatives cannot meet the person’s needs. The report, PG-200, includes:

• results of medical tests and examinations that describe the person’s mental, emotional, physical and educational condition, behavior and social skills
• recommendations on the type of assistance needed to meet the person’s essential requirements for physical health and safety
• evaluation of person’s need for mental health treatment and whether available treatment will significantly improve the mental condition
• evaluation of person’s need for educational or vocational assistance or personal care and whether they are available
• an evaluation of whether the incapacity may significantly lessen what services or treatment will help the person’s condition or skills to improve
• list of names and addresses of all individuals who examined, interviewed or investigated the person 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 guardianship that were considered and not recommended and why they won’t be able to meet the person’s needs
• a description of the present home and living arrangement and a recommendation for a living arrangement that is in the least restrictive setting necessary to protect the person
• a description of the person’s financial resources, including eligibility for public benefits

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

• potential guardians
• specific available services to protect the person and if possible return the person to full capacity to handle their own affairs
• the specific, least restrictive authority needed by the guardian to provide the recommended services.

The petitioner and the person may file responses to the evaluation report within 10 days of receiving it using PG-930, Response to the Court Visitor Report.

The person 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 incapacity.

If the court finds the person is incapacitated, it will decide the extent of the incapacity and what alternatives to full guardianship exist.

If the court finds alternatives can meet the person’s needs, the court may dismiss the action and order alternative form of protection. A request could be made to hold the petition in abeyance; this means the petition is still active but on hold, allowing the parties time to determine if the less restrictive option works before dismissing the petition. The typical time frame to hold the petition in abeyance is no more than six months.

If the court finds the respondent can do some but not all of the functions needed to care for himself or herself, and there aren’t feasible alternatives to guardianship, the court may appoint a partial guardian, but not a full guardian.

If the court finds the respondent is totally incapacitated and that there are not feasible alternatives to guardianship, including a partial guardianship, the court may appoint a full guardian. The court shall consider the person’s preference in who it appoints as guardian. The court will provide the person with a written statement that explains the person’s rights and what procedures to use to petition the court.

If the court determines that the person is an incapacitated person and that a guardianship is necessary, the court issues a Guardianship Order.

The Guardianship Order:

• Names the guardian
• Includes specific findings that supports each grant of authority to the guardian
• Adopts a guardianship plan that states the guardian’s authority regarding:
  • medical care and mental health treatment
  • housing based on the person’s wishes, preference for maintaining community ties and in the least restrictive setting
  • personal care, education and vocational services necessary for the person’s physical and mental welfare and to return the person to full capacity
  • applying for health and accident insurance and public benefits
  • physical and mental examinations needed to determine the person’s health treatment needs
  • control of the person’s estate and income to pay for services that the guardian arranges for the person’s benefit
  • any special provisions to address a conflict such as but not limited to a room and board authorization, paid caregiver status, or payment to the guardian.
• The guardianship plan cannot restrict the person’s liberty more than is reasonably necessary to protect the person from serious physical injury, illness, or disease and to provide the person with medical care and mental health treatment.
• The guardianship plan shall be designed to encourage a person to participate in all decisions and act on the person’s own behalf as much as possible.
• The Guardianship Order will determine the duration of the guardianship.

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

• Acceptance of Appointment as Guardian, PG-430
• Acceptance of Partial Appointment as Guardian, PG-405
• Acceptance of Appointment as Temporary Guardian, PG-433

The court cannot issue the Letters of Guardianship which the guardian needs to take action on behalf of the person until the court receives the Acceptance of Appointment of Guardian, PG-430.

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

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

The person appointed as the guardian must complete one hour of mandatory education on the basics of guardianship before the appointment or within 30 days after the appointment. This can be done by:

• completing Part III of the online course on the court website, or
• attending a live Zoom class on the Fundamentals of Guardianship.

The court may require the guardian to post a bond, especially when there are substantial assets that need to be protected. The court may also require the guardian to develop a budget or limit spending in a court order.

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 court offers 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

In Alaska, you are not required to have an attorney to file a petition for guardianship. If a party opposes either the appointment of a guardian or who should be appointed, the petitioner may wish to consult or hire an attorney, but it is not required. Contact the Guardianship Helpline for helpful forms if you are involved in a contested case at guardianshiphelpline@akcourts.gov or 907-264-0520.