Alaska Court System Self-Help

Guardianship is a legal arrangement where the court appoints a person(s) to make decisions for an incapacitated individual about housing, medical care, legal issues, and services. The guardian can be a private person(s), a professional guardian, or the public guardian. The individual being cared for is person subject to guardianship. (The Alaska Statutes use an outdated term called “ward” for the person subject to a guardianship.)

A guardian is a person the court appoints to manage the affairs of another person, called the person subject to guardianship. A guardian has authority to make personal decisions for the person, such as where they will live or what services are necessary. A guardian may also manage the person’s finances if the court has not appointed a separate conservator (someone to manage the person’s money and property).

A conservator only manages the person’s finances. A guardian has authority over more decision-making areas for the person and can make decisions regarding housing, care, health, legal, and financial decisions.

If you are concerned about a family member or friend, you may consider filing a petition for guardianship if there are no other alternatives. Please see our Alternatives to Guardianship or Alternatives to Conservatorship page.

The court may appoint a guardian only if it determines that a person:

• is incapacitated (their ability to understand information or communicate decisions is so impaired that the person cannot take care of their own physical health and safety) and
• needs the services of a guardian to make decisions regarding
  • housing,
  • care, comfort and maintenance such as food, clothing, services,
  • healthcare and safety,
  • protected person’s rights,
  • finances,

• alternative methods of providing services have been considered, but are not adequate or feasible.

If you think the person cannot manage their money, but is otherwise able to take care of themselves, you may consider filing a petition for conservatorship.

A guardian has nearly the same responsibilities for the person as a parent does to a minor child. However, the guardian does not have to use his or her own money to pay their care, and the guardian is not personally liable for harm done by the person. Although the guardian has the authority to make decisions regarding the person’s care, if possible, you should discuss decisions with the person, members of the person’s family and care providers. This will help avoid misunderstandings. The guardian has many responsibilities that include, but are not limited to, the following:

• Housing
• Care, Comfort and Maintenance
• Health and Safety
• The Person’s Rights
• Finances

Learn more at Powers and Duties of a Full Guardian of an Adult PG-510 and the Standards of Practice put out by the National Guardianship Association. The standards ensure guardians are held to the highest ethical standards. https://www.guardianship.org/standards/.

You can also watch Part III of the three-part video series on the court’s website, attend a live class or contact the Guardianship Helpline at 907-264-0520 or GuardianshipHelpline@akcourts.gov with questions.

The guardian must decide where the person will live, allowing the person to participate in the decision-making as much as possible. The guardian must consider the person’s wishes about where to live. The guardian must choose the least restrictive setting that protects the person. To allow the person to remain in their own home as long as possible, you may need to investigate available services to help them – services such as providing meals, housekeeping, running errands, adult day care, periodic nursing care, ways the person can contact help in case of a fall or other emergency, etc. The guardian cannot place the person in a facility or institution for the mentally ill except by filing a formal commitment proceeding. See Mental Commitment Forms.

In the guardian’s appointment order, the court may require that the guardian get the court’s permission before moving the person. Check your court order for any specific limitation.

The guardian must make sure that the person is cared for and provided with food, clothing, personal hygiene assistance, transportation, social and recreational opportunities, etc.

The guardian should visit the person regularly to make sure that they are being cared for and answer any questions the person has about the their care. If the person needs assistive devices like a hearing aid, glasses, dentures, etc., try to arrange for them to get those things.

Make sure that appropriate programs and activities are provided for the person. Contact local agencies to find out what is available. A good place to begin is the Aging and Disability Resource Centers or AK 211 for information about services in your area.

Figure out what the person likes to do, and try to make it possible for them to do it.

The guardian must make sure the person receives health care (including mental health care) and protection. The guardian should arrange for any physical and mental examinations necessary to determine the person’s medical and mental health treatment needs. This includes dental, hearing and eye exams. The guardian may consent to medical care, counseling, treatment or other services for the person.

However, the guardian cannot consent for the person to:

• have an abortion, sterilization, psychosurgery, or organs removed except when necessary to save the person’s life or prevent serious harm to the person’s health.
• withhold lifesaving medical procedures. However, the guardian can allow the stopping or withholding of lifesaving medical procedures when those procedures will only prolong the dying process and offer no reasonable expectation of a temporary or permanent cure or relief from the condition being treated, unless the person has clearly stated that lifesaving medical procedures must occur.
  Advance Health Care Directive: Find out if the person signed an advance directive on health care before becoming incapacitated. This document describes a person’s wishes about the medical treatment the person wants to receive if unable to make decisions about it or communicate those decisions. The document may appoint a person to make these decisions for the person if they are unable to decide for themselves. If such a document exists, notify the court so the court can clarify who is responsible to make medical decisions. Also, give a copy to the person’s doctors, hospitals, assisted living home, etc.
• have an experimental medical procedure or to participate in a medical experiment not intended to preserve the person’s life or prevent serious harm to the person’s health.

The guardian must also make sure the person receives services to take care of himself or herself as much as possible. This may include educational and vocational services.

The guardian needs to ensure access to these types of services. A person, if physically able, may refuse to participate or attend. If this situation arises, document your efforts and consider filing PG-190, Petition for Review to alert the court and ask about potential next steps.

The guardian must make sure that the person’s personal, civil and human rights are protected by filing lawsuits or taking whatever other action is necessary. The person retains all legal and civil rights except those that the court has expressly limited or specifically granted to the guardian.

The person has the right to ask the court to dismiss the guardian or modify the guardianship order. The guardian and other interested parties can also ask the court to review and modify the order by filing PG-190 Petition for Review or writing a letter requesting a review.

The guardian cannot:

• consent on behalf of the person to terminate the person's parental rights,
• prohibit the person from registering to vote or from casting a ballot at public election,
• prohibit the person from applying for and obtaining a driver's license, nor can they take away a license; this should be discussed with the DMV if the guardian feels it is unsafe for the person to continue driving. A Recommendation for Reexamination could be filled out as submitted for consideration.
• prohibit the person from marrying or divorcing.

A guardian would need to consider the person’s wishes with regards to family members and friends the person wishes to spend time with. A guardian would need just cause to restrict visitation. If there is a disagreement about who the person spends time with, the guardian or the person can file PG-190, Petition for Review. The NGA Standards of Practice provides information about a person’s relationship with family members, friends and professional providers.

If a guardian has serious concern about the person’s safety because of concerns about the person(s) they spend time with, a guardian may consider filing a request for a protective order If the legal elements are met.

The guardian could also have the responsibilities of a conservator (unless a separate conservator has been appointed). That means the guardian or conservator is responsible for managing the person’s money and property and using those assets to provide for the person’s care (and for any dependent of the person).

The guardian or conservator must apply for any benefits to which the person is entitled. That may include health and accident insurance benefits and other private or governmental benefits that would help pay any of the costs of medical, mental health or other services provided to the person. Additional information about benefits is available in the conservatorship background section.

The guardian or with conservatorship authority must:

• find and list all the person’s property (including cash, uncashed checks, bank accounts, stocks, bonds, real estate, vehicles, insurance policies, furniture, jewelry and other valuables),
• make sure these assets are properly insured,
• list all the person’s debts (loans, mortgages, credit cards, etc.),
• identify all income sources (pensions, government payments, rents, etc.),
• apply on the person’s behalf for any benefits he or she may be eligible,
• prepare tax returns (or hire someone to prepare them if the person can afford it) and pay the taxes (income taxes, property taxes, etc.),
• pay the person’s bills,
• keep accurate records of the person’s income and expenses, and
• keep the person’s property separate from the guardian’s or conservator’s at all times. The guardian or conservator must never use the person’s property for the guardian’s or conservator’s benefit. You may want to take pictures of their personal property to document what they had at the time you were appointed. Open a checking account, a savings or money market account, and, if appropriate, a safe deposit box, in which you can put money, documents and property belonging to the person. Open the accounts in your name as “Guardian of (person’s name)” or “Conservator of (person’s name).” Use the person’s social security number for the accounts, not your own. Some financial institutions may not understand or offer these types of accounts. The main objective is to have an account that as guardian or conservator, you will receive their income and pay their expenses, but the protected person does not have access to the account. You may need to research different financial institutions to find one that meets your needs. You can find out more at the How to Open an Account video.
• Please reach out to the helpline at 907-264-0520 or GuardianshipHelpline@akcourts.gov with any questions.

A full guardian is appointed to have total decision-making responsibilities for the person regarding medical, housing, services, legal, and financial areas (if a separate conservator has not been appointed). See the Adult Guardianship Petition Packet, PG-500:

• PG-500 / Cover sheet
• PG-505 / Instructions for Adult Guardianship Petition
• PG-100 / Petition for Appointment of a Full Guardian for an Adult
• PG-115 / Notice of Guardianship Hearing
• PG-117 / Certificate of Service by Certified Mail

See also Powers and Duties of a Full Guardian of an Adult, PG-510.

A temporary guardian is appointed to have authority to provide emergency services necessary to protect the person from serious injury, illness or disease for an immediate or time-limited period. An example would be an emergency appointment for an immediate life threatening medical decision. If the judge signs an emergency appointment order, the order will be temporary and will permit the guardian only to provide the needed assistance. It will expire when the court appoints a regular guardian or dismisses the petition for appointment of a guardian. See the Emergency Petition Packet- Adult Guardianship, PG-520:

• PG-520 / Cover sheet
• PG-525 / Instructions for Emergency Guardianship Petition
• PG-101 / Emergency Petition for Appointment of a Temporary Guardian

A partial or limited guardian is appointed whose authority and duties are less than full guardianship and are specified by court order. In these situations, the respondent is able to perform some, but not all of the functions necessary to care for themselves and alternatives to guardianship cannot provide for the respondent’s needs. You can specify a partial request using the Guardianship Petition; PG-100

Almost anyone (except a minor) willing to take on the responsibility can be appointed. The guardian can be a spouse, relative, friend, a private professional guardian, or the public guardian.

There is a preference in Alaska law for the appointment of a family member or a friend as the guardian if they have a sincere and longstanding interest in the person’s wellbeing. When a family member or friend is not able or willing to be the guardian, the court will appoint a private professional guardian, or the Public Guardian. A private professional guardian will provide these services for a fee, usually charging on an hourly basis. Sometimes the person needing a guardian will not be able to pay a private professional guardian. In those cases, the court can appoint the Public Guardian at the Office of Public Advocacy who charges fees based on a sliding scale.

The guardian cannot be someone who:

1. provides substantial professional or business services to the incapacitated person,
2. is a creditor of the incapacitated person,
3. has interests that may conflict with those of the incapacitated person, or
4. works for a person who would be disqualified under Nos. 1-3.

These restrictions do not necessarily apply to the respondent’s spouse, adult child, parent, brother or sister if the court determines that potential conflict of interest is not substantial and the appointment would clearly be in the best interests of the incapacitated person. A court order can address how to handle the conflict. Examples might be a court order authorizing payment to the guardian (1) for the person to live in the guardian’s home, or (2) if the guardian will be paid to provide services to the person in addition to also being the guardian.

The court can appoint co-guardians who are two different people who agree to be guardians. Usually the co-guardians are required to make decisions together about the person. The appointment order usually specifies that each co-guardian can make decisions or sign documents separately. Both co-guardians have to meet the education requirement.

The co-guardians should have excellent communication and trust each other because they need to work very closely together to make decisions in the person’s best interests.

There can also be a guardianship appointment for one individual and then a separate conservatorship appointment for another person if the guardian isn’t the best person to manage the person’s finances.

The court can appoint a guardian only if determines that a person:

• is incapacitated
• needs the services of a guardian to make decisions regarding
  • housing
  • care, comfort and maintenance
  • health and safety
  • person’s rights
  • finances

AND

• alternative methods of providing services are not adequate.

Generally, the person whom you think needs a guardian should be physically present in Alaska for at least the last six months for the Alaska court to have jurisdiction or authority to do a case. If this is not the situation, there are exceptions when the Alaska court may have jurisdiction. You should talk to an attorney to see if Alaska is the appropriate court for the guardianship case or whether you need to file the case in another state.

If you have a guardianship appointment in another state and wish to transfer the order to Alaska, you can use PG-751 to petition the Alaska Court. Be sure to file your order obtained in the other state where you were appointed initially with PG-751. In general, transfers into Alaska need to keep the same guardian with the same authority.

If the person moves to a different state, does not own significant property, and does not plan to return, the guardianship order could be transferred to the state where the person is moving. PG-753 can be filed to initiate a transfer to a new state.

The guardian does not need to live in Alaska. By accepting the appointment as the guardian, you agree that the Alaska court has authority over you as the guardian. You also need to have a plan on how you will be able to make sure the person subject to guardianship is well cared and has their needs met if you are not present to have in-person visits.

A Power of Attorney is power granted to another person to conduct any business that a person could do themselves, such as banking, deal with real estate, pay taxes, make business transactions, or any other issue. Powers of attorney are often time-limited. The person granting the power of attorney must have capacity to make that decision and there is no court oversight. The person who has granted the power of attorney may withdraw it at any time. The court is not involved.

You can watch short presentations about:

• What is a Power of Attorney and Who Needs One
• Choices to Make When Completing a Power of Attorney Form
• What Happens After a Power of Attorney Form is Signed
• Special Issues Regarding Power of Attorney Forms

A guardianship occurs when the court appoints a guardian after a legal process to become a guardian. because the person cannot make decision for himself or herself due to legal incapacity. The guardian is required to file reports with the court after being appointed. A guardianship generally takes priority over a power of attorney.

The guardian can be paid from the person’s money for the guardianship work, but only with a written court order. Also, if the guardian or the guardian’s spouse, parent or child is going to provide room and board for the person, the guardian must get written permission from the court before using the person’s money to pay for this. If there is a request to add or increase the amount of room and board or the guardian wishes to receive some type of payment from the protected person, use PG-179 to make this request when there is a guardianship appointment.

If a guardian is going to receive a fee to perform guardianship duties for more than one person, (or more than two if the individuals are related), the guardian would need to become a professional guardian. If you are interested in becoming a professional guardian, you can review the licensing application and regulations and certification information with the Center for Guardianship Certification. Contact the Guardianship Compliance Officer once you are licensed to inform the court. Licensing and certification are required for professional guardians in Alaska.

If you have questions about adult guardianship in general, you can call or email the Guardianship Helpline at 907-264-0520 or GuardianshipHelpline@akcourts.gov. Calls and emails are taken between 8 am and 4:30 pm Monday through Thursday and 8 am to 12 noon on Fridays. While the helpline facilitators cannot provide legal advice, they can assist with a variety of items such as:

• Finding or filling out court forms
• Locating resources
• Answering questions about the process of petitioning or the responsibilities of a guardian
• Understanding your responsibilities
• Completing your education requirements
• Understanding procedures on making changes

In addition, the Alaska State Association for Guardianship & Advocacy; a non-profit, volunteer organization, maintains a website and provides throughout the year, educational content that is recorded and available on the website. They also have an email reminder program to send a 30 day reminder and a 7 day reminder for the annual report; free to guardians and conservators.