PG -510 ( 2/10 )(buff cvr)(duplex)
Powers and Duties
of a Full Guardian
of an Adult
February 2010
Alaska Court System
For information about how to petition the court for appointment of a
guardian, see the Adult Guardianship Petition Packet (PG -500)
This pamphlet and the for ms mentioned in it
are available on the court system’s website:
www.courts.alaska.gov/forms/index.htm
Another helpful website is the Alaska Public Guardian’s:
www.doa.alaska.gov/opa/pg/home.html
© Copyright 2006 and 2010 Alaska Court System
All rights reserved. Permission to reproduce the contents of this booklet, but not for profit, is
her eby granted to governmental and educational institutions. However, reproduction of any part
of this booklet for commercial purposes without the express written permission of the Alaska
Court System is strictly prohibited.
Contents
Page
1. Required Tr aining 1
2. Required Reports to the Court 2
3. Duties to the Ward 3
4. Payment of the Guardian 7
5. Three -Year Review 8
6. Requests to Change the Guardianship 8
7. Death of the Ward 8
8. Additional Information 9
a. Statutes and Court Rules on Guard ian’s Powers and Duties
b. Other Resources on How to be a Guardian
9. Definitions 14
10 . Forms
a. PG -120, Affirmation – Education Requirement Satisfied 15
b. PG -195, Notice of Change of Address 16
c. Sample Monthly Budget Form 17
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 1
Guardiansh ip
A guardian is a person appointed by the court to protect the rights and manage the affairs
of an incapacitated person or a minor. The individual being cared for is called the ward .
The court order appointing the guardian will specify whether a full or partial guardian is
being appointed and describe the guardian’s powers and duties. This booklet discusses
the duties of a full guardian.
1. Required Training
a. 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 the guardian’s appointment
order is distributed. 1 The guardian should fill out the PG -120 Affirmation
form, explaining what the guardian did to satisfy the education requirement,
and file it with the court. (See page 15.)
Unless the court directs otherwise, t he one -hour education requirement can
be satisfied in a nu mber of ways, including any combination of the
following:
(1) reading this booklet about the duties of a guardian,
(2) viewing the 30 -minute video “ Becoming a Guardian or Conservator
in Alaska” produced by the Alaska State Association of
Gua rdianship and Advocacy (ASAGA) [available at most courts and
online at www.courts.alaska.gov/guardianship.htm#education ],
(3) reviewing the ASAGA “Family Guardian Education Materials”
binder of inf ormation on the duties and responsibiliti es of a guardian
[available at most courts and municipal libraries] ,
(4) attend ing class es offered by the Public Guardian’s Office. (See the
schedule on their website (on cover) or c all 269 -3500 in Anchorage.)
b. Professional Guardians.
Persons (including companies and other organizations) who engage in the
business of providing guardian services must be licensed by the Department
of Commerce, Community and Economic Development. 2
1 AS 13.26.145(c ) and 13.26.210(g) 2 AS 8.26.010
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 2
2. Required Reports to the Court . (All these forms are a vailable on the court website:
www.courts.alaska.gov/forms /index .htm Court addresses are also on the website.)
a. Change of Address . Any time the ward or the guardian changes his/her
address or telephone number , the guardian must immediately send written
notice to the court and all parties in the guardianship case .3 You can use the
PG -195 Notice of Change of Address form on page 1 6.
Include your case number whenever you write to the court about your
case.
b. Guardianship Pla n. Within 30 days after the guardian’s appointment order
is distributed by the court , the guardian must give the court a Guardianship
Plan. 4 (Use form PG -401. )
The Guardianship Plan must describe the guardian’s plans for caring for the
ward. The Plan mu st 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. 5
c. A Guardianship Implementation Report and Inventory of the Estate must
be filed with the court within 90 days after distribution of the guardian’s
appointment order. 6 (Use form PG -205 .)
The purpose of this report is to give the court as complet e a picture as
possible of the ward’s current situation and what the guardian is going to do
to implement the guardianship plan.
d. Guardianship Annual Reports must be filed each year until the
guardianship is terminated. (Use form PG -210 .) This report describes to
the court what has happened to the ward and the ward’s income and assets
in the past 12 months.
Unless different dates are set in the appointment order , the report must
cover the 12 -month period beginning the 1 st of the month in which the
appointment order is signed and ending 12 months later. 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
3 Probate Rule 14(c) 4 Probate Rule 16(e)(1) 5 AS 13.26.116(c) 6 AS 13.26.117 & .250; Probate Rules 16(e)(1)(A) & 17(e)
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 3
January, the reporting period will be January 1 to December 31; and a
report will be due each January 31.] 7
e. A Final Guardianship Report must be filed when the guardianship ends or
the guardian is replaced. 8 (Use form PG -215 .)
3. Duties to the Ward
A full guardian has nearly t he same powers and duties to the ward as a parent does to
a minor child. However, the guardian does not have to use the guardian’s own funds
to pay for the care and maintenance of the ward, and the guardian is not personally
liable for harm done by the wa rd.
Two statutes that describe these powers and duties (AS 13.26.150(c) and AS
13.26.116(b)) are printed on pages 11 -13 of this booklet.
Although you have the authority to make decisions regarding the ward’s care,
you should discuss all such decisions, if possible, with the ward, members of
the ward’s family and providers of care. This will help avoid
misunderstandings.
The powers and duties of a full guardian include , but are not limited to, the
following:
a. Housing. The guardian must decide wher e the ward will live. But, in doing
this, the guardian must consider the wishes of the ward and the
desirability of allowing the ward to retain local community ties.
In the guardian’s appointment order, the court may limit the guardian’s
authority to m ove the ward from the ward’s current home without court
permission.
In order to allow the ward to remain in the ward’s home as long as
possible, you may need to investigate available services to help the
ward – services such as providing meals, housekee ping, running
errands, adult day care, periodic nursing care, ways the ward can
contact help in case of a fall or other emergency, etc.
The guardian must choose the least restrictive setting that can satisf y the
need to protect the ward.
7 Probate Rule 16(e)(1)(B) and AS 13.26.118 8 Probate Rule 16(e)(1)(C)
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 4
The guardian c annot place the ward in a facility or institution for the
mentally ill except by filing a formal commitment proceeding under AS
47.30 .
You must allow the ward to participate in the decision -making
process to the fullest extent possible.
b. Care, Com fort and Maintenance . The guardian must make sure that the
ward is cared for and provided with food, clothing, personal hygiene
assistance, transportation, social and recreational opportunities, etc.
The guardian should visit the ward regularly to make sure the ward is being
cared for and answer any questions the ward has about the ward’s care.
Make sure that appropriate programs and activities are provided for the
ward. Contact local agencies to find out what is available.
Determine what the ward l ikes to do , and try to make it possible for the
ward to do it. If the ward needs assistive devices like a hearing aid,
glasses, dentures, etc., try to arrange for the ward to get them.
c. Health and Safety . The guardian must make sure the ward receives health
care (including mental health care) and protection.
The guardian should arrange for any physical and mental examinations
necessary to determine the ward’s medical and mental health treatment
needs. This includes examinations for hearing, vision and dental problems
as well as medical problems. The guardian may consent to medical or other
professional care, counseling, treatment or other services for the ward.
However, the guardian cannot consent on behalf of the ward to:
(1) an abortion, steri lization, psychosurgery, or removal of bodily
organs except when necessary to preserve the life or prevent serious
impairment of the physical health of the ward,
(2) the withholding of lifesaving medical procedures. However, a
guardian is not required to oppose the cessation or withholding of
lifesaving medical procedures when those procedures will serve only
to prolong the dying process and offer no reasonable expectation of
effecting a temporary or permanent cure of or relief from the illness
or conditi on being treated unless the ward has clearly stated that
lifesaving medical procedures not be withheld.
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 5
(3) the performance of an experimental medical procedure or to
participation in a medical experiment not intended to preserve the
life or prevent seri ous impairment of the physical health of the ward.
The guardian must also make sure the ward receives services to develop or
regain the ability to take care of himself or herself, to the maximum extent
possible. This may include educational and vocation al services necessary for
the physical and mental welfare of the ward and to ret urn the ward to full
capacity.
Before making a decision about medical treatment, be sure to ask
about the benefits, risks and alternatives to the treatment. Consider
getting a second opinion.
If the ward has a special condition like Alzheimer’s Disease, mental
retardation or alcoholism, learn as much as you can about the
condition.
Find out if the ward signed an advance directive on health care before
becoming incapacitated . This directive may be called a “Living Will,”
a “Durable Power of Attorney,” an “Advance Health Care Directive”
or something similar. These documents are intended to describe a
person’s wishes concerning the medical treatment the person wants to
be gi ven if the person needs treatment but is unable to make decisions
about it or communicate those decisions. The document may appoint
a person to make these decisions for the ward if the ward is unable to
make or communicate them. If such a document exists , be sure to
notify the court about it so the court can clarify who is responsible for
making medical decisions. Also, give a copy to the ward’s doctors,
hospita ls, assisted living home, etc.
d. Rights. The guardian must make sure that the ward’s perso nal, civil and
human rights are protected (by filing lawsuits or taking whateve r other action
is necessary).
An incapacitated person for whom a guardian has been appointed is not
presumed to be incompetent and retains al l legal and civil rights except th ose
that have been expressly limited by court order or have been specifically
granted to the guardian by the court. 9
9 AS 13.26.090
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 6
The ward has the right to ask the court to dismiss the guardian or modify the
guardianship order. 10 The guardian and other interested par ties can also ask
the court to review and modify the order. See paragraph 6 on page 8.
The guardian cannot do any of the following:
(1) consent on behalf of the ward to termination of the ward's parental
rights,
(2) prohibit the ward from registering to vote or from casting a ballot at
public election,
(3) prohibit the ward from applying for and obtaining a driver's license,
or
(4) prohibit the marriage or divorce of the ward.
e. Finances . The guardian has the powers and duties of a conservator 11
(unless a separate conservator has been appointed). That means the
guardian is responsible for managing the ward’s money and property and
using those assets to provide the care the ward (and any dependant of the
ward) needs.
The guardian must apply for any be nefits to which to ward 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 ward.
The guardian m ust:
(1) locate and list all the ward’s property (including cash, uncashed
checks, bank accounts, stocks, bonds , real estate, vehicles, insurance
policies, furniture, jewelry and other valuables),
(2) make sure these assets are properly insured,
(3) lis t all the ward’s debts (loans, mortgages, credit cards, etc.),
(4) identify all sources of income (pensions, rents, government
payments, etc.) ,
(5) apply on behalf of the ward for any benefits for which the ward may
be eligible,
10 AS 13.26.113(h) and AS 13.26.125 11 A “conservator” is someone appointed by the court to manage the financial affairs of a person
who needs this protection because the “protected person” cannot handle these matters. The
procedure for getting a conservator ap pointed is similar to, but not the same as, the procedure for
getting a guardian appointed.
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 7
(6) prepare tax returns ( or hire someone to prepare them if the ward can
afford it) and pay the taxes (property taxes, income taxes, etc.),
(7 ) make sure the ward’s bills are paid (T o do this, it may help to
prepare a monthly budget . See sample budget form on page 17.),
(8) mai ntain accurate records of t he ward’s income and expenses, and
(9) keep the ward’s property separate from the guardian’s at all
times. The guardian must never use the ward’s property for the
guardian’s benefit.
You may want to take pictures of the ward ’s personal property to
document what the ward 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 war d. Open the accounts
in your name as “Guardian of the property of (ward’s name).” Use
the ward’s social security number for the accounts, not your own.
4. Payment of the Guardian
The guardian can be paid from the ward’s money for the guardianship wor k the
guardian does, but only after the court gives written permission to do so. Also, if
the guardian or the guardian’s spouse, parent or child is going to provide room and
board for the ward, the guardian must get written permission from the court before
using the ward’s money to pay for this.
Usually, the judge will set the authorized amount of these payments in the
guardianship appointment order. Before doing so, the court must determine
whether the ward is financially able to pay and whether the char ges are reasonable.
If the guardian later wants to increase these fees, the guardian must first request
(in writing) the court’s permission to do so. The guardian must also send notice of
any such request to at least one relative of the ward if possible. 12
12 AS 13.26.150(c)(6)
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 8
5. Three -Year Review.
Every third year after a guardian is appointed, the court is required to appoint a
“visitor” to file a report about the guardianship. 13 The visitor is paid by the state .
In order to prepare the report, the visitor will intervie w the ward (to the extent
possible), the guardian and others.
6. Requests to Change the Guardianship
At any time , the guardian or the ward or other interested parties may ask the court
to remove the guardian and replace him/her with another guardian, a ppoint a co -
guardian, end the guardianship, or change the guardianship order. You may use
court form PG -190 , Petition for Review of Guardianship/Cons ervatorship , to ask
the court to do this . Form PG -190 is available at any state court and on the court
sy stem’s website : www.courts.alaska.gov/forms/index.htm
7. Death of the Ward
When the ward dies, the guardian must notify the ward’s family members and the
court that appointed the guardian.
If the guardian has the ward’s will (or knows its location) , the guardian must
deliver it to the court for safekeeping, as required by AS 13.26.285(e), and inform
the executor or a beneficiary named in the will that the will had been so delivered.
There i s no charge for depositing the will with the court after the ward dies.
The guardian must file a Final Guardianship Report (form PG -215) with the court
within 90 days after the ward dies. 14 Evidence of the death, such as a copy of the
death certificate , should be attached to the final report.
Once the guardian knows that the ward has died, the guardian has no further
authority over the ward’s affairs and estate except to: 15
a. preserve, account, and transfer control of assets to a personal representati ve
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
13 AS 13.26.118 14 Probate Rule 16(e)(1)(C) 15 Probate Rules 16(f) and 17(h); AS 13.26.116(d), .120(b) & .285(e).
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 9
b. (if the ward d oes 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 ass istance 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 bu rial expense s from the estate.
8. Additional Information
a. Alaska Statutes and Court Rules
The Alaska Statutes on guardianship of adults are AS 13.26.090 to
13.26.155. The statutes on conservatorship are AS 13.26.165 to 13.26.320.
General provisions that apply t o both guardianship and conservatorship are
in AS 13.26.001 to 13.26.025. The statutes on “public guardians” are AS
13.26.360 to 13.26.410.
The Alaska court rule on guardianship of adults is Probate Rule 16. The
rule on conservatorship is Probate Rule 1 7. Probate Rule 14 on “Protective
Proceedings” applies to both guardianships and conservatorships.
These statutes and court rules are all available on the Internet. The court
syst em’s homepage has links to them: www.courts.alaska.gov
The main statute that describes the powers and duties of a full guardian of an
adult is AS 13.26.150(c). Another statute that discusses a guardian’s duties
(in its description of what the guardian must include in the guardianship plan)
is AS 13.26.116(b)). These two stat utes are printed on pages 11 -13 of this
booklet.
b. Other Resources on How To Be a Guardian .
(1) Public Guardian's Office.
You can contact this office with your questions about guardianship.
You may leave a message at (907) 269 -3525. Messages are retr ieved
on a weekly basis. Their toll -free telephone number is 1-877 -957 -
3500. You can also e -mail the Family Guardian Program at
Family_Guardian@admin.state.ak.us
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 10
Free Classes on Guardianship. The Public Guardian currently
conducts a free guardianship class once a month at the Office of
Public Advocacy (OPA) in Anchorage (900 West Fifth Avenue,
Suite 525 ). Call 269 -3500 for more information, or visit their
website to see the schedule: doa.alaska.gov/opa/pg/home.html
(2) National Guardianship Association. This organization provides
educational, training, and networking opportunities for guardians.
Its address is 174 Crestview Drive, Bellef onte, PA 16823.
Telephone: (877) 326 -5992 . E-mail: nga@guardianship.org .
W ebsite : www.guardianship.org
(3) Family and Volunteer Guardian Guidebook . This booklet is
published by the National Guardianship Association (described
above) . The booklet provides useful information about the duties
and responsibilities of a guardian. A copy of it is included in the
binder of information entitled “Family Guardian Educati on
Materials” produced by the Alaska State Association of
Gua rdianship and Advocacy (ASAGA). [This binder is available at
most courts and municipal libraries .] The booklet can also be
purchased at the National Guardianship Association website
referenced above.
(4) State or Local Agencies that Serve Individuals with Your Ward’s
Disability. The following are some examples:
(a) Division of Senior and Disabilities Services.
Juneau phone: (907) 465 -3372. Toll Free: (866) 465 -3165
Anchorage phone: (907)26 9-3666. Toll Free: (800) 478 -9996
Website: http://hss.state.ak.us/dsds/
(b) Adult Protective Services.
Anchorage Phone: (907) 269 -3666. Toll Free: (800) 478 -9996
Website: http://www.hss.state.ak.us/dsds/aps.htm
(c) Disability Law Center of Alaska.
Anchorage P hone: ( 907 ) 565 -1002. Toll Free: (1-800 ) 478 -1234
Website: www.dlcak.org/ E-mail: akpa@dlcak.org
(d) Alzheimer’s Resource Agency of Alaska
Anchorage Phone: (907) 561 -3313
Website: www.alzalaska.org
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 11
Alaska Statute 13.26.150
General Powers and Duties of Guardian
(a) A gu ardian shall diligently and in good faith carry out the specific duties and powers
assigned by the court. In carrying out duties and powers, the guardian shall encourage the
ward to participate to the maximum extent of the ward's capacity in all decisions that
affect the ward, to act on the ward's own behalf in all matters in which the ward is able,
and to develop or regain, to the maximum extent possible, the capacity to meet the
essential requirements for physical health or safety, to protect the ward's r ights, and to
manage the ward's financial resources.
(b) A partial guardian of an incapacitated person has only the powers and duties respecting
the ward enumerated in the court order.
(c) A full guardian of an incapacitated person has the same powers and duties respecting the
ward that a parent has respecting an unemancipated minor child except that the guardian
is not liable for the care and maintenance of the ward and is not liable, solely by reason of
the guardianship, to a person who is harmed by acts of the ward. Except as modified by
order of the court, a full guardian's powers and duties include, but are not limited to, the
following:
(1) the guardian is entitled to custody of the person of the ward and shall assure that
the ward has a place of abode in the least restrictive setting consistent with the
essential requirements for the ward's physical health and safety;
(2) the guardian shall assure the care, comfort, and maintenance of the ward;
(3) the guardian shall assure that the ward receives the s ervices necessary to meet the
essential requirements for the ward's physical health and safety and to develop or
regain, to the maximum extent possible, the capacity to meet the ward's needs for
physical health and safety;
(4) the guardian shall assure thr ough the initiation of court action and other means
that the ward enjoys all personal, civil, and human rights to which the ward is
entitled;
(5) the guardian may give consents or approvals necessary to enable the ward to
receive medical or other professio nal care, counsel, treatment, or services except
as otherwise limited by (e) of this section;
(6) the guardian has the powers and duties of a conservator under this chapter;
however, the guardian may not apply the ward's money or property for the
services as guardian or for room and board that the guardian or the guardian's
spouse, parent, or child has furnished the ward unless, before payment, the court
finds that the ward is financially able to pay and that the charge is reasonable;
notice of a request fo r payment approval shall be provided to at least one relative
of the ward if possible; the guardian shall exercise care to conserve any excess
money or property for the ward's needs;
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 12
AS13.26.150 - continued
(7) if a conservator of the estate of the ward h as also been appointed, the guardian
shall pay all of the ward's estate received by the guardian to the conservator for
management as provided in AS 13.26.165 - 13.26.315.
(d) A guardian of a ward, for whom a conservator has also been appointed, shall have the
custody and care of the ward and is entitled to receive reasonable sums for services and
for room and board furnished to the ward as agreed upon between the guardian and the
conservator. The guardian may request the conservator to expend the ward's estate for the
ward's care and maintenance.
(e) A guardian may not
(1) place the ward in a facility or institution for the mentally ill oth er than through a
formal commitment proceeding under AS 47.30 in which the ward has a separate
guardian ad litem;
(2) 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;
(3) consent on behalf of the ward to the withholding of lifesaving medical
procedures; however, a guardian is not required to oppose the cessation or
withholding of lifesaving medic al procedures when those procedures will serve
only to prolong the dying process and offer no reasonable expectation of effecting
a temporary or permanent cure of or relief from the illness or condition being
treated unless the ward has clearly stated that lifesaving medical procedures not
be withheld; a guardian is not civilly liable for acts or omissions under this
paragraph unless the act or omission constitutes gross negligence or reckless or
intentional misconduct;
(4) consent on behalf of the ward to the performance of an experimental medical
procedure or to participation in a medical experiment not intended to preserve the
life or prevent serious impairment of the physical health of the ward;
(5) consent on behalf of the ward to termination of the war d's parental rights;
(6) prohibit the ward from registering to vote or from casting a ballot at public
election;
(7) prohibit the ward from applying for and obtaining a driver's license;
(8) prohibit the marriage or divorce of the ward.
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 13
AS 13.26.116. G uardianship O rder.
Sections (b) and (c) of this statute discuss the guardianship plan.
(b) The guardianship plan shall specify the authority that the guardian has with regard to
(1) medical care for the ward's physical condition;
(2) mental health treat ment that the guardian considers to be in the ward's best
interests;
(3) housing for the ward with consideration of the following:
(A) the wishes of the ward;
(B) the preferability of allowing the ward to retain local community ties; and
(C) the requiremen t for services to be provided in the least restrictive setting;
(4) personal care, educational and vocational services necessary for the physical and
mental welfare of the ward and to return the ward to full capacity;
(5) application for health and acciden t insurance and any other private or
governmental benefits to which the ward may be entitled to meet any part of the
costs of medical, mental health, or related services provided to the ward;
(6) physical and mental examinations necessary to determine the ward's medical and
mental health treatment needs; and
(7) control of the estate and income of the ward to pay for the cost of services that the
guardian is authorized to obtain on behalf of the ward.
(c) The guardianship plan may not be more restrictive of the liberty of the ward than is
reasonably necessary to protect the ward from serious physical injury, illness or disease
and to provide the ward with medical care and mental health treatment for physical and
mental health. The guardianship plan shall be designed to encourage a ward to participate
in all decisions that affect the ward and to act on the ward's own behalf to the maximum
extent possible. 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.
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 14
9. Definitions 16
Guardian A guardian is a person appointed by the court to protect the rights
and manage the affairs of an incapacitated person or a minor.
A full guardian has the legal duties and powers listed in AS
13.26.150(c) (and described in this booklet).
A partial guardian has only tho se rights, powers and duties
specified in the court’s appointment order (fewer legal duties and
powers than a full guardian ).,
Incapacitated Person: A person whose ability to receive and evaluate information or to
communicate decisions is impaired to the extent that the person
lacks the ability to provide the essential requirements for the
person’s physical health or safety (health care, food, shelter,
clothing, personal hygiene, and protection) without court -ordered
assistance. Before appointing a guard ian for a ward, the court
must find that the ward is an “incapacitated person.”
Petitioner: The petitioner is the person who signs the petition asking the court
to appoint a guardian.
Private Professional Guardian : A person, other than the public guardi an, who is licensed
under AS 08. 26 or exempt under AS 08.26.180.
Public Guardian: A public guardian is a state employee who can be appointed as
guardian or conservator for a person if no private person or agency
is able or available to be the guardian or conservator. The statutes
about the public guardian are AS 13.26.360 to 13.26.410.
Representative Payee: A representative payee is an individual or organization that
receives Social Security and/or SSI payments for someone who
cannot manage his/her money . Payees should use the funds for the
current and foreseeable needs of the beneficiary and save any
remaining funds for the beneficiary's fut ure use.
Respondent: The respondent is the person who is alleged to be incapacitated and
in need of a guardian. (N ote: After a guardian is appointed, the
“respondent” is called a “ward.”)
Visitor: A visitor is a person trained or experienced in law, medical care,
mental health care, pastoral care, education, rehabilitation, or
social work, who is an officer, employee , or special appointee of
the court with no perso nal interest in the proceedings. The
“visitor” reports to the court about the guardianship.
Ward: A ward is a person for whom a guardian has been appointed.
16 Several of these defini tions come from AS 13.26.005
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 15
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
AT
In the Matter of the Protective Proceeding of )
)
)
)
, )
Respondent / Ward / Protected Person )
)
) CASE NO.
AFFIRMATION THAT
MANDATORY EDUCATION REQUIREMENT HAS BEEN SATISFIED
I affirm tha t I completed one hour or more of mandatory education on the basics of
guardianship/conservatorship as follows:
On , 20 , I viewed the video “ Becoming a Guardian or
Conservator in Alaska” produced by the Alaska State Association of Gua rdianship and
Advocacy (ASAGA).
On , 20 , I reviewed the ASAGA “Family Guardian
Education Materials” binder of information on the duties and responsibilities of a
guardian or conservator.
On , 20 , I read the bookl et “Powers and Duties of a Full
Guardian of an Adult” (PG -510).
I attended the following class:
Other:
Date Signature of Guardian or Conservator
Printed Name
Mailing Address
Instructions: File orig inal with the court .
City State ZIP
I certify that on ,
I mailed a copy of this document to: Daytime Telephone Number
[ ] respondent’s attorney
[ ] petitioner or petitioner’s attorney
[ ] visitor
Signature of Guardian or Conservator
PG -120 (12/0 7)(cs) AS 13.26.145(c)
AFFIRMATION – EDUCATION REQUI REMENT SATISFIED AS 13.26.310(g )
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 16
NOTICE OF CHANGE OF ADDRESS
Case Number:
Court Location: Superior Court at , Alaska
Case Name: In the Matter of the Protective Proceeding of
(Name of Ward or Protected Person)
I am the guardian conservator of the ward or protected person named above.
I hereby notify the court that
the ward or protected pers on’s address has changed. His/her new address is:
Residence Address:
(street address) (city) (state) (ZIP)
Mailing Address:
(box or street number ) (city) (state) (ZIP)
my mailing address has changed as noted below my signature.
________________________
Date Signature of Guardian or Conservator
Type or Print Name
Mailing Address
City, State, and Zip Code
Daytime Telephone
I certify that on ,
I sent a copy of this notice to:
the court listed above
ward or protected person
ward or protected person ’s attorney or guardian ad litem (if currently representing ward):
parent or guardian with whom ward or protected person resides (if any):
ward or protected person ’s conservator or guardian (if a separate one has been appointed):
the following person(s) designated by court order:
Signature of Guardian or Conservator:
PG -195 ( 2/15 )(cs)
NOTICE OF CHANGE OF ADDRESS
PG -510 ( 2/10 ) Powers and Duties of a Full Guardian 17
Proposed Monthly Budget for
(name of ward )
Monthly Income Non -Monthly Income
SSA $ Permanent Fund $
SSI $ Native $
Public Assistance $ $
$ $
$ $
$
Monthly Total $ Non -Monthly Total $
This Total Divided By 12 =
Monthly Expenses Debts
Owed to/For
Tota l Amount
Cost of Care $ $
Rent $ $
Food $ $
Utilities $ $
Telephone $ $
Medical $ $
Cable $
Allowance $ Total Debts $
Guardian’s Fees $ Monthly Debt Repayment:
$ $
$
Total Expenses $
