Alaska Court System Self-Help

The court may appoint a guardian for a minor child that can be valid until the child’s 18th birthday if:

• The parents died and named a guardian in their will;
• The court has terminated all parental rights by court order;
• The court has suspended the parent’s rights to have custody by court order. This might happen in a Child In Need of Aid (CINA) case when the court gives the state temporary custody of the child to place the child in a safe home.
• The parents’ rights have been suspended by circumstances. This means that for some reason the parents are unable to care and supervise the child on a daily basis and perform normal parenting duties. For example, the parents are in jail, addicted to drugs or alcohol, have serious medical conditions that make them unable to care for the child and they agree a family member or a friend should be the guardian.
  • If the child’s mother or father is alive and there is no court order terminating or suspending the parent’s right to have custody of the child, then the only way a court can appoint a guardian for the child is if the court finds that the parent’s rights of custody have been “suspended by circumstances.” You must explain in the petition for minor guardianship what those circumstances are, giving enough details for the judge to understand the situation.
  • If the parent agrees that his or her rights have been “suspended by circumstances” and agrees that a guardian needs to be appointed, the parent can either come to the court hearing and tell the judge this or fill out and sign a Parent's Consent to Appointment of a Guardian, PG-615 form.

If you are the parent of a disabled child who will be turning 18 in the near future, you may need to consider adult guardianship. A child who is 18 or older is considered an adult, regardless of the presence of a disability. The child’s parents no longer can make medical, legal and financial decisions for the child unless the court appoints the parents as guardians. Adult guardianship is a legal process and the court must find that a person is incapacitated to appoint a guardian.

If you question whether your son or daughter meets the legal definition of incapacity and needs a guardian when he or she turns 18 years old, you may want to consult with other professionals working with your child, especially the medical doctor, for their opinion. Remember that while you may petition for appointment of a guardian, a judge makes the final decision with input from the medical expert and the court visitor. In addition, the court will appoint your child an attorney to represent the child's express wishes or a guardian ad litem if your child is not capable of understanding the process or participating in the attorney client relationship.

Make sure to plan ahead when deciding to file a petition for guardianship because it can take approximately four months for the court to schedule a hearing; it is a good idea to file the petition when your child is approximately 17 3/4 years old.

When the parents cannot care for their child, often a grandparent or another family member takes care of the child. The caregiver may decide whether to go to court to file either a custody case or a guardianship case. If the court awards someone custody or guardianship, the caregiver would stand in the shoes of the parents and make decisions about the child. However, there are different standards for both types of cases and different requirements after the court makes the decision.

Non-parent custody

Minor guardianship

You can delegate any powers regarding care, custody or property of your minor child, except the power to consent to marriage or adoption for up to one year. You can specify what powers the person has regarding the child’s care, custody or property. The parent signing the delegation of powers document only affects their own rights, but not the non-signing parent’s rights. The signing parent can revoke the delegation of powers at any time. You do not go to court for a power of attorney; it is a document you sign out of court. There is no formal reporting required about the actions you take if you have a delegation of powers. This delegation of parental powers is done through a limited power of attorney document:

• Delegation of Powers by Parent or Guardian, PG-700

Delegation of powers is not a guardianship. If you need someone to take care of your child for more than 1 year or want someone else to have full powers to raise your child, you can petition the court for a guardianship. There is a court process to become a guardian as well as reporting requirements after being appointed.

A guardian by testamentary appointment is appointed by a will. An example would be when a parent / guardian of a developmentally disabled child indicate in his or her will which other person would be the child's successor guardian. The successor guardian needs to request a Probate Court hearing to get signed Orders. See the Guardianship Packet for Guardian of Minor Appointed in a Will, PG-650:

• PG-650 / Cover sheet
• PG-651 / Instructions for Accepting Guardianship Appointment Made in a Will
• PG-652 / Guardian's Acceptance of Appointment in a Will
• PG-653 / Notice to Minor Ward of Guardian's Appointment and Minor's Right to Object
• PG-654 / Minor's Objection to Appointment of Testamentary Guardian

These forms are:

• for a child who is NOT Alaska Native or American Indian, and
• when BOTH parents consent to the guardianship.

Do not use this packet if the child is an "Indian child" as defined in the Indian Child Welfare Act. "Indian child" means any unmarried person who is under the age of 18 and who is either a member of an Indian tribe or Alaska Native village, or is eligible for membership in an Indian tribe or Alaska Native village. See page 3 of the instructions in the packet for more information about this.

Packet for Guardianship of a Non-Indian Minor

• Cover sheet PG-600
• Instructions for Minor Guardianship Petition (Non-Indian Child) PG-605
• Petition for Appointment of a Guardian for a Minor, PG-610
• Child Custody Jurisdiction Affidavit DR-150
• Acceptance of Appointment as Guardian of a Minor PG-630
• Parent's Consent to Appointment of a Guardian (2 copies - one for each parent), PG-615
• Notice of Guardianship Hearing For Non-Indian Child (by Petitioner), PG-620

These forms are for:

• for a child who is Alaska Native or American Indian, and
• when BOTH parents consent to the guardianship.

Do not use this packet if the child is an "Indian child" as defined in the Indian Child Welfare Act. "Indian child" means any unmarried person who is under the age of 18 and who is either a member of an Indian tribe or Alaska Native village, or is eligible for membership in an Indian tribe or Alaska Native village. See page 3 of the instructions in the packet for more information about this.

Packet for Guardianship of an Alaska Native or American Indian Minor

• Cover sheet PG-601
• Instructions for Minor Guardianship Petition (Indian Child) PG-606
• Petition for Appointment of a Guardian for a Minor, PG-610
• Child Custody Jurisdiction Affidavit DR-150
• Acceptance of Appointment as Guardian of a Minor PG-630
• Parent's Consent to Appointment of a Guardian (2 copies - one for each parent), PG-615
• Notice of Guardianship Hearing For Indian Child (by Petitioner), PG-621
• Request to BIA to Notify Indian Tribe or Parent of Petition for Guardianship of an Indian Child PG-622
• Certificate of Service by Certified Mail (Guardianship of Indian Child), PG-623

The court does not have forms for that situation and you will need to talk to an attorney.

Every year the guardian must file an Annual Report until the guardianship is terminated or the minor turns 18.

• Annual Report on Guardianship of a Minor PG-640 (use for a child)

This report describes what has happened to the minor and if applicable, the minor’s assets over the past 12 months. The report must cover the 12-month period beginning the 1st of the month in which the appointment order is signed and ending 12 months later, unless the appointment order sets different dates. This 12-month period is called “the reporting period.” The report is due 30 days after the end of the reporting period. For example, if the order is signed anytime in January, the reporting period will be January 1 to December 31; and a report will be due each January 31.

When the minor turns 18, the guardianship will end.

• Final Guardianship Report, PG-645

The purpose of this report is to tell the court why your service as guardian is ending along with what has happened to the minor since your last annual report.

If there needs to be a change in the appointment order or who is appointed, the guardian or other interested persons can file PG-190, a petition for review.