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

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT _______________

In the Matter of the Protective Proceeding of

, Respondent

) ) ) ) ) ) ) )

CASE NO. ORDER APPOINTING CONSERVATOR

before Judge/Master A hearing in this matter was held on 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 petitioner served notice of the hearing on the persons listed in AS 13.26.185, including the respondent (form PG-116). 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. under AS 13.27.110 because the requirements of the following statute have been AS 13.27.110(2) AS 13.27.110(3) AS 13.27.110(4) met: under AS 13.27.120(a)(2) because the real or tangible personal property that will be affected by the court's order is located in Alaska. Venue. Venue is proper because the respondent but has property here. AS 13.26.175 Need for Management by a Conservator. A basis for appointing a conservator exists because it has been established that respondent is (1) unable to manage his/her property and affairs effectively, and
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2.

3.

resides here

does not reside in Alaska,

4.

AS 13.26.010, .165, .195, .200, & 280-.290 Probate Rule 17

(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)]

5.

Alternatives Not Adequate. As required by AS 13.26.195(d), the court has investigated the alternatives to appointing a conservator and concludes that a conservator should be appointed because the alternatives under AS 13.26.205 are not adequate to protect the respondent's estate.

6.

Priority. is 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) 7. Consideration of Respondent's Preference. Pursuant to the AS 13.26.195(d) requirement that the court, to the maximum extent possible, consult with the respondent in determining whether a conservator should be appointed, the court has consulted with respondent. has not consulted with respondent for the reasons stated on the record in the attached findings. License. The conservator 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 conservator services in the course of this employment. is not engaged in the business of providing conservator services and, therefore, is has has not satisfied the one-hour not required to be licensed; and mandatory education requirement on the basics of conservatorship. (AS 13.26.210(g)) ORDER IT IS ORDERED: 1. with all the powers and duties set forth in AS 13.26.245 - .315, except the following:
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8.

is appointed to be respondent's conservator,

The conservator cannot sell without prior written permission from the court.

only the following powers:

AS 13.26.116 In exercising these powers, the conservator 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 Conservators). If the conservator is not engaged in the business of providing conservator services, the conservator must complete one hour of mandatory education on the basics of 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 13.26.210(g). Bond. AS 13.26.215 - .220. The conservator 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 conservator must file the following reports with the court: a. A Conservator Implementation Report and Inventory of the Estate (on form PG220) must be filed with the court within 90 days after distribution of this order. [AS 13.26.250; Probate Rule 17(e)] Specific Due Date: b. Conservator Annual Reports (on form PG-225) must be filed each year until the conservatorship 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 17(e) and AS 13.26.255] Specific Dates. Reporting Period: From To Report is due 30 days after end of reporting period: c.

each year.

A Final Conservatorship Report (on form PG-230) must be filed when the conservatorship ends or when the conservator is replaced. [Probate Rule 17(f) and AS 13.26.255]

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AS 13.26.010, .165, .195, .200, & 280-.290 Probate Rule 17

5.

If the conservator or the protected person changes his/her address, the conservator 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 Conservatorship. Unless previously terminated by the court, the conservatorship will end upon the death of the protected person or . Once the conservator knows that the protected person has died, the conservator may not exercise authority over the protected person's affairs and estate except to pay reasonable burial expenses and to preserve, account for, and transfer control of assets to a personal representative, a temporary property custodian appointed by the court, or a person authorized to take custody of personal property by affidavit under AS 13.16.680. Also, if the conservator has possession of the will of the deceased protected person, the conservator must deliver the will to the court for safekeeping and inform the executor or a beneficiary named in the will that it has been so delivered. Probate Rule 17(h) and AS 13.26.285(e).

6.

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 conservatorship 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 conservatorship proceedings will be paid by the respondent. (AS 13.26.230) the court because the respondent is indigent and AS 13.26.195(b) requires the appointment. (Administrative Rule 12(e)(1)(A)(iii)). But, the respondent must reimburse the court as provided in Administrative Rule 12(e)(6). Office of Public Advocacy

9.

Compensation or Reimbursement of Conservator. 17(d)]

[AS 08.26.110 and Probate Rule

The conservator is entitled to fees for his/her services. However, he/she may not pay himself/herself more than the following amounts from the protected person's assets without a written court order approving such additional fees: a fee for conservator services of $ per hour, not to exceed per month. $ a case opening fee/reimbursement of $ .
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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 conservator is not authorized to charge any fees. 10. Additional Orders.

11.

Additional Persons Who Must Be Served With Documents. [AS 13.26.185. & .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 Clerk: , visitor conservator

Notice to Protected Person About Right to Request Changes in This Order
At any time in the future, you may ask the court to dismiss your conservator or change this conservatorship order. You may use court form PG-190 to ask the court to do this. Form PG-190 is available at any state court and on the court system's website: http://www.state.ak.us/courts/forms.htm AS 13.26.310
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