Free IN THE SUPERIOR COURT FOR THE STATE OF ALASKA - Alaska


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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT

In the Matter of the Protective Proceeding of

, Respondent

) ) ) ) ) ) ) )

CASE NO. ORDER APPOINTING FULL GUARDIAN WITH POWERS OF CONSERVATOR

A hearing in this matter was held on before Judge/Master Present were: Respondent Respondent was not present for the reason stated on the record. Respondent's Attorney Visitor Expert Petitioner Guardian Ad Litem Others: . The court has reviewed the petition, the visitor's report, the expert's report the master's findings and recommendations, and any objections from the parties. FINDINGS The court finds that: 1. Notice of the Hearing. a. The court gave notice of the hearing to the petitioner. b. The visitor gave notice of the hearing to the respondent. AS 13.26.135(a)(1) c. The petitioner served notice of the hearing on both the persons listed in AS 13.26.135 (for the guardianship powers) and the persons listed in AS 13.26.185 (for the conservator powers). Subject Matter Jurisdiction. The court has jurisdiction under AS 13.27.110 because Alaska is respondent's home state as defined in AS 13.27.180. the requirements of the following statute have been met: AS 13.27.110(2) AS 13.27.110(3) AS 13.27.110(4) Venue. a. Venue for the guardianship is proper because the respondent resides here is present here. AS 13.26.100 b. Venue for granting the powers of a conservator is proper because the respondent resides here does not reside in Alaska, but has property here. AS 13.26.175 Incapacity. It has been shown by clear and convincing evidence that the respondent is incapacitated as defined in AS 13.26.005(4). [Respondent's ability to receive and
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2.

3.

4.

evaluate information or to communicate decisions is impaired to the extent that he/she lacks the ability to provide the essential requirements for his/her physical health or safety without court-ordered assistance.] The respondent stipulates to incapacity as defined above. AS 13.26.113(b). Full Guardian. The respondent is totally without capacity to care for himself/herself, and a combination of alternatives to guardianship and the appointment of a partial guardian is not feasible or adequate to meet the needs of the respondent. Therefore, the court will appoint a full guardian. [AS 13.26.113(f)]. The findings of fact that support each grant of authority to the guardian are: The respondent lacks the ability to provide for himself/herself in the following areas: (1) Medical Care. (2) Mental Health Treatment (if any is required). (3) Housing. (4) Personal care, educational and vocational services necessary for the physical and mental welfare of the respondent. (5) Application for health and accident insurance and any other private of governmental benefits to which the respondent may be entitled. (6) Physical and mental examinations necessary to determine the respondent's medical and mental health treatment needs. (7) Control of the respondent's estate and income in order to pay for the cost of services. The respondent is not able to manage the respondent's income and assets in order to acquire the services the respondent needs. [AS 13.26.116(a)(2)] Powers of a Conservator. A basis for giving the guardian the powers of a conservator exists because it has been established that respondent is (1) unable to manage his/her property and affairs effectively, and (2) has property that will be wasted or dissipated unless proper management is provided (or needs the management of a conservator in order to receive proper financial support). [AS 13.26.195(c), AS 13.26.165(2)] As required by AS 13.26.195(d), the court has investigated the alternatives to appointing a conservator and concludes that the powers of a conservator should be given to the guardian because the alternatives under AS 13.26.205 are not adequate to protect the respondent's estate. 5. is suitable, under AS 13.26.145, to act as a guardian of the respondent, and has priority for appointment under AS 13.26.145. is best qualified among those having equal priority for appointment. does not have priority for appointment, but this appointment is in the best interest of the respondent because

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for the reasons stated in the attached written findings. AS 13.26.145(f) This person or entity is also competent to act as respondent's conservator, and has priority for appointment under AS 13.26.210. is best qualified among those having equal priority for appointment. does not have priority for appointment, but this appointment is in the best interest of the respondent because

for the reasons stated in the attached written findings. AS 13.26.210(f) 6. Consideration of Respondent's Preference. a. Pursuant to the AS 13.26.113(g) requirement that the court consider respondent's preference in selecting a guardian, the court has considered respondent's preference. has not considered respondent's preference in guardians for the reasons stated on the record in the attached findings. b. Pursuant to the AS 13.26.195(d) requirement that the court, to the maximum extent possible, consult with the respondent in determining what action should be taken with respect to appointment of a conservator, the court has consulted with respondent about whether the guardian should be given the powers of a conservator. has not consulted with respondent concerning the conservator issue for the reasons stated on the record in the attached findings.

7.

License. The guardian has the required professional license under AS 08.26. is the Public Guardian. is exempt from the license requirement under AS 08.26.180 because the individual is employed by a regulated financial institution and will provide these guardian services in the course of this employment. is not engaged in the business of providing guardian or conservator services and, therefore, is not required to be licensed; and has has not satisfied the one-hour mandatory education requirement on the basics of guardianship and conservatorship. (AS 13.26.145(c) and 13.26.210(g))

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ORDER IT IS ORDERED: 1. is appointed to be respondent's guardian, and respondent is now the ward of the guardian. The guardian will be a full guardian, with the powers and duties set forth in AS 13.26.150(c), including the authority and responsibility to arrange for the ward's (1) Medical care (2) Any mental health treatment that is necessary (3) Housing. Limitations: The guardian cannot move the ward out of the ward's current home without written permission from the court. (4) Personal care, educational and vocational services necessary for the physical and mental welfare of the ward (5) Application for health and accident insurance and any other private or governmental benefits to which the ward may be entitled (6) Physical and mental examinations necessary to determine the ward's medical and mental health treatment needs (7) Asset and income management. The guardian will have the powers and duties of a conservator under AS 13.26.245 - .315, except the following: the guardian cannot sell without written prior permission from the court.

AS 13.26.116 In exercising these conservator powers, the guardian must act as a fiduciary and must observe the standards of care applicable to trustees under AS 13.36.225-13.36.290. AS 13.26.245. 2. Mandatory Education (Non-Professional Guardians). If the guardian is not engaged in the business of providing guardian services, the guardian must complete one hour of mandatory education on the basics of guardianship and conservatorship and file proof of completion with the court within 30 days after this appointment order is distributed. (Use the PG-120 Affirmation form.) AS 13.26.145(c) and 13.26.210(g). Bond. AS 13.26.215 - .220. The guardian must post a bond in the amount of $ by is not required to post a bond for the reasons stated attached findings.

3.

on the record

in the

4.

Reporting Requirements. The guardian must file the following reports with the court:

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a.

Guardianship Plan (form PG-401). Within 30 days after this appointment order is distributed, the guardian must submit to the court a Guardianship Plan. [Probate Rule 16(e)(1)]. The Guardianship Plan must describe the guardian's plans for caring for the ward. The Plan must be designed to encourage the ward to participate in all decisions affecting the ward to the maximum extent possible. The Plan may not restrict the ward's liberty more than is reasonably necessary to protect the ward and to provide for the ward's needs. [AS 13.26.116(c)].

b.

A Guardianship Implementation Report and Inventory of the Estate (on form PG205) must be filed with the court within 90 days after distribution of this order. [AS 13.26.117 & .250; Probate Rules 16(e)(1)(A) & 17(e)] Specific Due Date:

c.

Guardianship Annual Reports (on form PG-210) must be filed each year until the guardianship is terminated. Unless specific dates are set below, the report must cover the 12-month period beginning the 1st of the month in which this appointment order is signed and ending 12 months later. 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.] [Probate Rule 16(e)(1)(B) and AS 13.26.118] Specific Dates. Reporting Period: From To Report is due 30 days after end of reporting period:

each year.

d.

A Final Guardianship Report (on form PG-215) must be filed when the guardianship ends or the guardian is replaced. [Probate Rule 16(e)(1)(C)]

5.

If the ward or the guardian changes his/her address, the guardian must immediately provide written notice to the court and all parties. (Include your case number. You can find a "Change of Address" form (PG-195) and court addresses on the court system website: www.state.ak.us/courts ) Term of Guardianship. Unless previously terminated by the court, the guardianship will end upon the death of the ward or . Once the guardian knows that the ward has died, the guardian has no further authority over the ward's affairs and estate except to: a. preserve, account, and transfer control of assets to a personal representative or special administrator appointed by the court or to a temporary property custodian appointed by the court or authorized to take custody of personal property by affidavit (as provided in AS 12.65.105 -.110 and Probate Rule 9.1); and
AS 13.26.010, .113, .116, .150, .165, .195, .200, & 280-.290 Probate Rules 16 and 17

6.

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b.

(if the ward does not have a living family member or if an individual interested in

the ward is not available), arrange for the body of the ward to be transported to a funeral home and make funeral and burial arrangements for the ward. The guardian may also apply for assistance with burial expenses from the state or a municipality if the estate of the ward does not have sufficient money to pay for burial; and c. because the full guardian has the power of a conservator, the guardian may also pay reasonable burial expenses from the estate.

Probate Rules 16(f) and 17(h); AS 13.26.116(d), .120(b) & .285(e). 7. The appointment of respondent's attorney, the court visitor and any guardian ad litem terminate: on the date this order is signed. 30 days after the guardianship implementation report is filed, so that the attorney, visitor and guardian ad litem can review the report and file objections or other responses if appropriate.

8.

Payment of Respondent's Court-Appointed Attorney. The attorney for the respondent in the guardianship proceedings will be paid by the Office of Public Advocacy because the respondent is financially unable to employ an attorney and payment by the state is necessary to prevent the respondent from suffering financial hardship or becoming dependent upon a government agency or a private person or agency. (AS 13.26.106(b), AS 13.26.131(c), AS 44.21.410(a)(4), and Administrative Rule 12(c)(2)) the respondent.

9.

Compensation or Reimbursement of Guardian. [AS 13.26.150(c)(6), 08.26.110, and Probate Rules 16(d) and 17(d)] The guardian is entitled to fees for his/her services. However, he/she may not pay himself/herself more than the following amounts from the ward's assets without a written court order approving such additional fees: a fee for guardian and/or conservator services of $ per hour, not to exceed $ per month. a case opening fee/reimbursement of $ . a fee for the management of the ward's property of $ per month. the monthly fees, case opening fee, property management fees and other fees that the Office of Public Advocacy (OPA) is required to charge by 2 AAC 60.080. payment or reimbursement for room and board not to exceed $ per month without further written court order. The guardian is not authorized to charge any fees.

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10.

Additional Orders.

11.

Additional Persons Who Must Be Served With Documents. [AS 13.26.190 and Probate Rule 16(e)(3)] In addition to the parties in this case, the following persons must be served with copies of all pleadings, reports, and notices of hearing until further court order: Name Mailing Address Daytime Phone

Recommended for Approval by

Standing Master on

Superior Court Judge Type Judge's Name

Date

Clerk's Certificate of Distribution I certify that on a copy of this order was sent to: petitioner respondent respondent's attorney , visitor guardian

Clerk:

Notice to Ward About Right to Request Changes in This Order
AS 13.26.113(h)

At any time in the future, you (the ward) may ask the court to dismiss your guardian or change this guardianship order. You may use court form PG-190 to ask the court to do this, or you may write a letter to the court. Form PG-190 is available at any state court and on the court system's website: http://www.state.ak.us/courts/forms.htm

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