Alaska Guardianship Laws: Minors, Adults and Partial Guardians (2026)

In Alaska, guardianship and conservatorship are governed by chapter 13.26 of the Alaska Statutes. A court may appoint a guardian for a minor or for an adult who is an "incapacitated person," and a conservator to manage a person's property and affairs; for an adult, "the burden of proof by clear and convincing evidence is upon the petitioner," and the court may appoint a full guardian only if the person is totally without capacity to care for themselves and a combination of alternatives and a partial guardian would not be enough (AS 13.26.251(b), (f)).

The law starts from a limiting principle: guardianship "shall be used only as is necessary to promote and protect the well-being of the person," and a person under guardianship "is not presumed to be incompetent and retains all legal and civil rights except those that have been expressly limited by court order or have been specifically granted to the guardian by the court" (AS 13.26.201). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Alaska state law on guardianship of minors and incapacitated adults and on conservatorship in AS 13.26, the parental power of attorney, the Supported Decision-Making Agreements Act (AS 13.56), and the interstate act in AS 13.27. It does not cover custody disputes between parents (see Alaska child custody laws), grandparent visitation (see Alaska grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Alaska probate), child-in-need-of-aid cases under AS 47.10, which are a separate track, or civil commitment and mental-health holds.

Alaska guardianship terms and where the law lives

Chapter 13.26 contains the rules for guardians of minors (AS 13.26.101 to 13.26.171), guardians of incapacitated persons (AS 13.26.201 to 13.26.316), protective proceedings and conservators (AS 13.26.401 to 13.26.580) and the public guardian (AS 13.26.710 to 13.26.750). Interstate questions are in AS 13.27, and supported decision-making is in AS 13.56.

The adult definition is functional:

"incapacitated person" means a person whose ability to receive and evaluate information or to communicate decisions is impaired for reasons other than minority to the extent that the person lacks the ability to provide the essential requirements for the person's physical health or safety without court-ordered assistance

AS 13.26.005(5)

How to get guardianship of a child in Alaska

A guardian of a minor is appointed either by accepting a testamentary appointment under a parent's will or by court appointment (AS 13.26.101).

When the court may appoint. The court's power depends on the parents' rights:

The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order.

AS 13.26.132

A guardian appointed by a parent's will whose appointment has not been prevented or nullified has priority over anyone the court might appoint, but the court may proceed with an appointment on a finding that the testamentary guardian has failed to accept within 30 days after notice of the guardianship proceeding (AS 13.26.132).

The standard. The court makes the appointment if a qualified person seeks it, venue is proper, the required notices were given, the AS 13.26.132 condition is met, and the minor's welfare and best interests will be served (AS 13.26.147(b)). It may appoint any adult whose appointment would be in the minor's best interests and is consistent with a priority given to an adult family member (AS 13.26.143).

Notice. Notice of the hearing goes to the minor if 14 or older, to the person who had the principal care and custody of the minor during the 60 days before the petition, and to any living parent of the minor (AS 13.26.147).

The child's voice. If the minor's interests may be inadequately represented, the court may appoint an attorney for the minor, considering the preference of a minor 14 or older (AS 13.26.147). "The court shall appoint a person nominated by the minor, if the minor is 14 years of age or older, unless the court finds the appointment contrary to the best interests of the minor" (AS 13.26.143).

Temporary guardian of a minor. "If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than six months" (AS 13.26.147(c)).

A child in state custody. A petitioner seeking to become guardian of a minor in state custody under AS 47.10 must file the petition either in the court where the child-in-need-of-aid proceedings are pending or in the judicial district where the petitioner resides (AS 13.26.147(e)).

What a minor's guardian may decide

"A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of a minor and unemancipated child, except that a guardian is not legally obligated to provide from the guardian's own funds for the ward" (AS 13.26.167). Among other powers, the guardian may facilitate the ward's education, social or other activities and "authorize medical or other professional care, treatment, or advice," and may consent to the marriage or adoption of the ward.

When it ends

A minor's guardianship ends on the guardian's death, resignation or removal, or on the minor's death, adoption, marriage or attainment of majority (AS 13.26.171). A resignation does not end the guardianship until the court approves it (AS 13.26.171). Any person interested in the child's welfare, or the child if 14 or older, may petition to remove the guardian on the ground that removal would be in the child's best interest, and after notice and hearing the court may end the guardianship (AS 13.26.186).

Custody disputes between parents are a separate subject, covered on our Alaska child custody laws page; for a grandparent's options short of guardianship, see Alaska grandparents' rights.

A child's money

"Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding $5,000 a year," by paying or delivering it to the minor if married, to a person having the care and custody of the minor with whom the minor resides, to a guardian of the minor, or to a financial institution as a deposit in a federally insured savings account in the minor's sole name, with notice to the minor (AS 13.26.031). The section does not apply if a conservator has been appointed or a proceeding for one is pending. For larger sums, a conservator or other protective order may be sought if the minor's money or property requires management or protection that cannot otherwise be provided (AS 13.26.401(1)).

Can a parent name a guardian in a will in Alaska?

Yes, by will. "The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under AS 13.26.126, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated" (AS 13.26.121). A minor 14 or older may prevent the appointment from taking effect, or end an accepted one, by filing a written objection in the court where the will is probated before acceptance or within 30 days after notice of acceptance; the court may still appoint the nominee or another suitable person in a proper proceeding (AS 13.26.126). The guardian must give written notice of acceptance to the minor and to the person caring for the minor.

Section 13.26.121 speaks only of an appointment "by will." For arrangements while a parent is living, Alaska law provides the power of attorney described next.

A parent of an incapacitated adult, or the spouse of a married incapacitated person, may also appoint a guardian by will. The appointment takes effect when the guardian, after giving seven days' prior written notice, files an acceptance in the court where the will is probated; a parent's appointment takes effect only if both parents are dead or the surviving parent is adjudged incapacitated, and a spouse's appointment has priority over a parent's. A written objection filed by the person for whom the appointment was made terminates it (AS 13.26.211).

Letting a relative care for a child without going to court

Under AS 13.26.066, a parent or guardian of a minor may delegate powers regarding the child's care or custody to another person by a power of attorney, which must be substantially in the statutory form in subsection (f); that form includes a notary's acknowledgment. The limits:

• One year, renewable. "Except as provided in (d) of this section, a power of attorney under this section is not effective for a period that exceeds one year. However, after a power of attorney expires under this subsection, a parent or guardian may enter into a new power of attorney" (AS 13.26.066(c)).
• Military parents. A power of attorney made by a military parent or guardian on active duty may last longer than one year, "but the power of attorney is not effective for a period that exceeds the length of the active duty plus 30 days" (AS 13.26.066(d)).
• Powers that cannot be delegated. The power of attorney cannot cover consent to the child's marriage or adoption, consent to an abortion, or consent to termination of parental rights.
• Revocation. It may be revoked at any time, and either parent may revoke a power of attorney the other parent made.
• No payment. The attorney-in-fact may not be paid for acting under it.
• Court orders stand. It does not change an existing court order (AS 13.26.066(g)).
• Abandonment and neglect. Except as another statute provides, signing one is not abandonment, neglect or abuse of the child under AS 47.10.013 to 47.10.015, unless the parent or guardian fails, after the power of attorney ends, to retake custody of the child and does not sign a new one (AS 13.26.066(h)).

A separate section lets a parent or guardian of an adult incapacitated person, "by a properly executed power of attorney, ... delegate to another person, for a period not exceeding one year, any powers regarding care, custody, or property of the adult incapacitated person" (AS 13.26.051).

How to become guardian of an adult in Alaska

The petition

"Any person may petition the court for a finding of incapacity and the appointment of a guardian for oneself or for another person" (AS 13.26.221(a)). The petition must state, among other things, "the nature and degree of the alleged incapacity" and "the particular type and duration of appointment and the protection and assistance being sought" (AS 13.26.221(b)), and it may nominate a guardian and ask for a temporary guardian.

The hearing date, a lawyer and a visitor

Three protections attach as soon as a petition is filed:

(a) Upon the filing of a petition, the court shall schedule a hearing on the issue of incapacity. The hearing shall be conducted within 120 days from the filing of the petition unless the court postpones the hearing for cause. (b) The respondent is entitled to be represented by an attorney in the proceedings. If the respondent is financially unable to employ an attorney, the court shall appoint the office of public advocacy (AS 44.21.400) under AS 13.26.291 to represent the respondent in the proceedings. (c) The court shall appoint a visitor.

AS 13.26.226

The court also appoints an expert to evaluate the respondent. The visitor serves the petition on the respondent and gives the respondent a written statement of rights, including the right to an attorney (AS 13.26.231(a)).

Costs. The Alaska Court System bears the cost of the visitor and the court's expert. The respondent bears the cost of the appointed attorney, an expert the respondent requests, any guardian ad litem and other guardianship costs, unless the court finds that state payment is necessary to prevent financial hardship or dependence on a government agency or another person; a petitioner who brought a malicious, frivolous or unjustified proceeding may be ordered to pay (AS 13.26.291).

Evaluation rights. The respondent may refuse to answer questions during examinations and evaluations, although interviews to determine decision-making capacity may be required. Statements made in them are privileged and not admissible without consent in other civil or criminal proceedings, and the respondent may be accompanied by an attorney or expert of the respondent's choosing during interviews and testing. On a request filed at least five days before the hearing, the court must appoint an expert to examine the respondent and testify on the respondent's behalf (AS 13.26.241).

The visitor's report

The visitor must file an evaluation report, with proof of service, within 90 days after the petition was filed (AS 13.26.236(a)). The visitor "shall, as part of the evaluation report, explain alternatives to guardianship and recommend any that will safeguard the respondent's essential requirements for physical health and safety. The evaluation report may recommend personal guardianship only if the visitor determines that the needs of the respondent cannot be met by other alternatives" (AS 13.26.236(b)).

Notice

Notice of the hearing goes to the respondent (through the visitor), any current guardian or custodian, the respondent's spouse, parents and adult children, and others AS 13.26.296 lists, such as the evaluators, the respondent's attorney and any guardian ad litem. A spouse and parents who can be found in Alaska are served personally, by certified mail or by another method court rule allows; others receive notice under AS 13.06.110 (AS 13.26.296(b)). "The notice must set out the date, time, place, purpose, and possible consequences of the hearing and the rights of the ward or respondent and any other parties to the proceedings" (AS 13.26.296(c)).

The hearing, the burden and the choice between partial and full

At the hearing, the respondent may be present, present evidence, cross-examine witnesses, remain silent, choose whether the hearing is open or closed, and have a jury (AS 13.26.251). The burden and the order of the decision are set by statute: "The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of proper disposition" (AS 13.26.251(b)). The court must weigh feasible alternatives to guardianship.

Two subsections then set the line between partial and full guardianship:

(e) If it is found that the respondent is able to perform some, but not all, of the functions necessary to care for the respondent, and alternatives to guardianship are not feasible or adequate to provide for the needs of the respondent, the court may appoint a partial guardian, but may not appoint a full guardian. (f) If it is found that the respondent is totally without capacity to care for the respondent and that 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, the court may appoint a full guardian.

AS 13.26.251

In choosing the guardian, the court must consider the ward's preference.

The order and the guardianship plan

The order must contain findings supporting each grant of authority and adopt a guardianship plan that is no more restrictive than reasonably necessary. "The court may not assign a duty or power to a guardian unless the need for it has been proven to the satisfaction of the court and no less restrictive alternative or combination of alternatives is sufficient to satisfy the need" (AS 13.26.266). "The duration of the term of guardianship shall be determined by the court order" (AS 13.26.266(d)).

Who serves as guardian

Subject to the section's other subsections, qualified persons have priority in this order (AS 13.26.311(d)):

1. an individual or organization the incapacitated person nominated while having, in the court's opinion, sufficient mental capacity to make an informed choice;
2. the spouse;
3. an adult child or parent;

followed by the further categories the subsection lists, ending with the public guardian. The section disqualifies some candidates, including a provider of substantial professional or business services to the person, a creditor, a person with conflicting interests and an employee of any of them; a spouse, adult child, parent or sibling may still be appointed if the court finds the potential conflict insubstantial and the appointment clearly in the person's best interests (AS 13.26.311(b), (c)). The court may pass over a person with priority when that is in the person's best interest, with written findings (AS 13.26.311(f)). A relative or friend who is appointed must complete one hour of guardianship education before the appointment or within 30 days after it (AS 13.26.311(c)).

The public guardian. "The office of public advocacy (AS 44.21.400) shall serve as the public guardian," and a court may order it to act as full guardian, partial guardian, conservator or special conservator "if no person or private association is willing and qualified to perform the function" (AS 13.26.710).

What an Alaska guardian can decide, and what the guardian cannot do

A full guardian has parent-like powers, including custody of the ward, choosing the ward's abode in the least restrictive setting, and consent to medical care (AS 13.26.316(c)). A partial guardian has only the powers the court order lists.

The statute also sets limits no guardian may cross. Under AS 13.26.316(e), a guardian may not:

• "place the ward in a facility or institution for the mentally ill other than through a formal commitment proceeding under AS 47.30 in which the ward has a separate guardian ad litem";
• "consent on behalf of the ward to an abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary to preserve the life or prevent serious impairment of the physical health of the ward";
• subject to the qualifications in the section, withhold lifesaving procedures, consent to experimental treatment, or consent to termination of the ward's parental rights;
• "prohibit the ward from registering to vote or from casting a ballot at public election";
• "prohibit the ward from applying for and obtaining a driver's license"; or
• "prohibit the marriage or divorce of the ward."

Separately, Article V, section 2 of the Alaska Constitution provides that "No person may vote who has been judicially determined to be of unsound mind unless the disability has been removed." The guardianship statute limits what a guardian may do and does not address that provision.

Reports and visitor reviews

"Within 90 days after distribution of the order of appointment as guardian, the guardian shall submit to the court a report" (AS 13.26.271). After that, "a guardian shall submit a report to the court at least annually. In addition, every third year, the court shall appoint a visitor to file a report reviewing the guardianship during the period since the last visitor's report, if any" (AS 13.26.276(a)). Additional reports are due on court order, on a significant change in the ward's capacity, on resignation, removal or termination, or at the ward's request.

Temporary guardianship in an emergency

While an initial guardianship petition is pending, a petitioner may request a temporary guardian if the respondent needs immediate services to protect against serious injury, illness or disease and is not capable of obtaining them (AS 13.26.301(a)). "The petitioner shall immediately file the request with the court and serve copies on the respondent and the respondent's attorney. The court shall conduct a hearing within 72 hours after the filing." At that hearing, "the burden of proof ... shall be by clear and convincing evidence and shall be upon the petitioner" (AS 13.26.301(c)). The temporary guardian's authority must be the least restrictive that meets the emergency, and it ends when a guardian is appointed or the petition is dismissed; the section sets no fixed number of days. The respondent has the same hearing rights as at the full hearing (AS 13.26.301(b)).

Separately, if an existing guardian dies, or there is probable cause that a guardian is not performing effectively and imminent danger to the ward's physical health or safety, the court may dismiss the guardian and appoint a temporary guardian without a hearing (AS 13.26.286(e)). If no petition is pending, the court may authorize emergency life-saving services for an apparently incapacitated person when delay would entail a life-threatening risk (AS 13.26.301(f)).

How an Alaska guardianship ends or rights are restored

The ward, the guardian or any interested person may petition to amend or end a guardianship, and the court may act on its own motion. "A request for this order may be made by informal letter to the court or judge and any person who knowingly interferes with transmission of this kind of request to the court or judge may be held in contempt of court" (AS 13.26.286(b)). The court applies the least restrictive alternative in deciding the request. When the ward asks for or indicates a wish for a change in guardianship, the guardian or the agency providing care must inform the court (AS 13.26.286(d)), and at the time of appointment the court explains the ward's right to seek dismissal (AS 13.26.251(h)). A guardianship also ends on the ward's death or at the end of the duration the order sets (AS 13.26.281(a)).

Conservatorship: managing property in Alaska

A conservator, or another protective order, may be appointed for an adult or a minor on a two-part finding:

appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (A) the person is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, detention by a foreign power, or disappearance; and (B) the person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and protection is necessary or desirable to obtain or provide funds.

AS 13.26.401(2)

The person to be protected, any interested person, and others AS 13.26.415(a) lists may petition.

Notice. "The person to be protected and the person's spouse or, if none, the person's parents, must be served personally, by certified mail, or by any other method authorized by court rule with notice of the proceedings at least 14 days before the date of hearing if they can be found within the state" (AS 13.26.420(a)). A waiver of notice by the person to be protected is not effective unless the person attends the hearing or, in a case not based on minority, confirms the waiver in an interview with the visitor.

Lawyer and least-restrictive rule. In a conservatorship sought for reasons other than minority, the court must appoint a lawyer unless the person to be protected has counsel of the person's own choice; if the alleged disability is mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs or chronic intoxication, the court may direct an examination by a physician it designates, and it may send a visitor (AS 13.26.430(b)). "A conservator may be appointed only if a less restrictive protective order or the services of a special conservator are not adequate to protect the estate of the protected person" (AS 13.26.430(d)).

Temporary conservator. While an initial petition is pending, a petitioner may request a temporary conservator to protect against waste or dissipation of funds or property, or to obtain funds needed for immediate support, if the respondent cannot do so. The court appoints an attorney for an unrepresented respondent and holds a hearing within 72 hours after the filing, and the temporary conservatorship ends when a full or partial conservator is appointed or the petition is dismissed (AS 13.26.445).

Duties after appointment.

• Bond. The court may require a conservator to give a bond, generally in the amount of the estate's capital value plus one year's estimated income (AS 13.26.470(a)).
• Inventory and implementation report. "Within 90 days after distribution of the order of appointment, every conservator shall prepare and file with the appointing court a conservator implementation report and a complete inventory of the estate of the protected person together with an oath or affirmation that it is complete and accurate so far as the conservator is informed" (AS 13.26.505).
• Annual report. "A conservator shall submit a report to the court at least every year" (AS 13.26.510).

Single transactions without a conservator. When a basis for protection exists, "the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person" (AS 13.26.440(a)).

Protective orders against financial fraud. Alaska also provides ex parte and temporary protective orders against a person who is financially defrauding a vulnerable adult; an ex parte order lasts up to 20 days and a protective order after a hearing up to six months (AS 13.26.450, 13.26.455).

Alternatives to guardianship in Alaska

Alaska builds alternatives into the adult process: the visitor's report must explain alternatives and may recommend personal guardianship only if they cannot meet the person's needs (AS 13.26.236(b)), the court must weigh feasible alternatives at the hearing (AS 13.26.251), and no power may be given to a guardian when a less restrictive alternative would do (AS 13.26.266).

Supported decision-making agreements. The Supported Decision-Making Agreements Act, AS 13.56, lets an adult (the "principal") name supporters who help the principal make and communicate decisions. Key rules:

• Validity. "A supported decision-making agreement is valid if (1) the agreement is dated and in writing; (2) the agreement satisfies the requirements of AS 13.56.010 [to] 13.56.050; (3) the agreement has been signed by the principal and each named supporter, including any alternate supporter," either in the presence of two witnesses who also sign or with notarized signatures, "and (4) when the principal has a guardian or conservator, the principal has notified the guardian or conservator of the agreement" (AS 13.56.040).
• A guardian's authority. "An adult may not enter into a supported decision-making agreement under this section if the agreement encroaches on the authority of a guardian or conservator of the adult, unless the guardian or conservator approves in writing the adult entering into the supported decision-making agreement" (AS 13.56.010(c)).
• Recognition. "A person shall recognize a decision or request made or communicated with the decision-making assistance of a supporter under this chapter as the decision or request of the principal for the purposes of a provision of law, and the principal or supporter may enforce the decision or request in law or equity on the same basis as a decision or request of the principal" (AS 13.56.130). Supporters do not make decisions or sign for the principal.
• Protection and capacity. A person who in good faith relies on an authorization in an agreement is protected from civil and criminal liability; a person who declines to follow one is protected only when declining on actual knowledge that the agreement is invalid or has been terminated or, for health care, because the proposed action is contrary to the person's good-faith medical judgment or a health care institution's written conscience-based policy (AS 13.56.140). Signing an agreement cannot be used as evidence that the principal lacks capacity (AS 13.56.150(c)).

Health-care surrogates. If no health-care agent or guardian has been appointed or is reasonably available and the primary physician has determined that an adult lacks capacity, a surrogate may make health-care decisions: an individual the adult designated or, if none, a reasonably available family member in the order spouse (unless legally separated), adult child, parent, adult sibling. A surrogate's decision is effective without judicial approval. Mental health treatment is excluded except on an emergency basis after a lack-of-capacity determination by two physicians, one a psychiatrist, or by a physician and a professional mental health clinician (AS 13.52.030).

Powers of attorney. A durable power of attorney is signed while a person still has capacity, and a nomination the person made while having sufficient capacity is first in the priority list for guardian (AS 13.26.311(d)(1)). Signing rules are on our Alaska power of attorney laws page. Free drafting tools are available for an Alaska power of attorney and an Alaska advance directive; a tool is not legal advice, and any document must be signed under the Alaska rules on the power of attorney page.

Federal benefits. Federal programs make their own appointments: the Social Security Administration decides whether representative payment serves a beneficiary and appoints its own payee, choosing a legal guardian only as one possible payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Alaska with a guardianship

Alaska has enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as AS 13.27 (AS 13.27.495). For a move out, "a guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (AS 13.27.200(a)). AS 13.27.210 governs accepting a guardianship or conservatorship transferred from another state, and AS 13.27.300 provides for registering another state's guardianship order.

Official forms and help

The Alaska Court System's self-help pages on guardianship and conservatorship, including adult guardianship and alternatives to guardianship, are at courts.alaska.gov.

Alaska guardianship at a glance

Related Alaska pages

• Guardianship laws by state
• Alaska power of attorney laws
• Alaska child custody laws
• Alaska grandparents' rights
• Alaska probate

This article provides general legal information about Alaska guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts, on court rules and on local court practice. For advice about a specific situation, contact a lawyer licensed in Alaska or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Alaska?

The court may appoint a guardian for an unmarried minor only if all parental rights of custody have been terminated or suspended by circumstances or prior court order (AS 13.26.132), and the appointment must serve the minor's welfare and best interests (AS 13.26.147(b)). Notice goes to the minor if 14 or older, the person who had principal care of the child in the previous 60 days, and any living parent (AS 13.26.147).

Can a parent give a relative power of attorney over a child in Alaska?

Yes. A parent or guardian may delegate a child's care or custody by a power of attorney substantially in the statutory form, effective for no more than one year, after which a new one may be signed; for a military parent on active duty, it may last the length of active duty plus 30 days (AS 13.26.066(c), (d)). It cannot cover consent to marriage, adoption, abortion or termination of parental rights.

What must be proved to get guardianship of an adult in Alaska?

The petitioner must prove incapacity by clear and convincing evidence (AS 13.26.251(b)). Even then, the court may appoint only a partial guardian if the person can perform some functions, and a full guardian only if the person is totally without capacity and alternatives combined with a partial guardian are not feasible or adequate (AS 13.26.251(e), (f)).

Does the person get a lawyer in an Alaska guardianship case?

Yes. The respondent is entitled to an attorney, and if the respondent cannot afford one, the court appoints the Office of Public Advocacy (AS 13.26.226(b)). The respondent bears that cost unless the court finds state payment necessary to prevent financial hardship or dependence on others (AS 13.26.291). In a conservatorship not based on minority, the court must appoint a lawyer unless the person has counsel of the person's own choice (AS 13.26.430(b)).

Can an Alaska guardian stop the ward from voting or marrying?

No. A guardian may not prohibit the ward from registering to vote or voting, from obtaining a driver's license, or from marrying or divorcing (AS 13.26.316(e)). Separately, the Alaska Constitution provides that no person may vote who has been judicially determined to be of unsound mind unless the disability has been removed (Alaska Const. art. V, sec. 2).

How long does an emergency guardianship last in Alaska?

While an initial petition is pending, a temporary guardian for an adult may be requested when the respondent needs immediate services to protect against serious injury, illness or disease and cannot obtain them, after a hearing within 72 hours on clear and convincing evidence (AS 13.26.301). The section sets no fixed number of days; the authority ends when a guardian is appointed or the petition is dismissed. A temporary guardian of a minor may serve no more than six months (AS 13.26.147(c)).

Does Alaska recognize supported decision-making agreements?

Yes. Under AS 13.56, an adult may sign a dated, written agreement with supporters, signed before two witnesses or with notarized signatures (AS 13.56.040), and others must recognize decisions made with a supporter's help as the adult's own (AS 13.56.130).

How can a guardianship be ended in Alaska?

The ward, the guardian or any interested person may petition to amend or end the guardianship, and a request may be made by informal letter to the court or judge (AS 13.26.286(b)). Interfering with such a letter may be punished as contempt.