Fill and Sign the Pg 400 Order Appointing Full Guardian with Powers of Conservator Probate and Guardianship Form

Page 1 of 8 PG -400 ( 2/1 7)(cs) AS 13.26.010, . 251 , .266 , .316 , .401 , .430 , .435 , & 540 -.550 ORDER APPOINTING FULL GUARDIAN Probate Rules 16 and 17 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT In the Matter of the Protective Proceeding of ) ) ) ) , ) Respondent (person who needs a guardian) ) CASE NO. ) ) ORDER APPOINTING FULL GUARDIAN WITH POWERS OF CONSERVATOR A hearing in this matter was held on before Judge/Master Respondent was present. Respondent was not present for reasons stated on the record. Also p resent were: Respondent’s Attorney Visitor Expert Petitioner Guardian Ad Litem Others The court 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 pet itioner. b. The visitor gave notice of the hearing to the respondent. AS 13.26. 296 (a)(1) . c. The petitioner served notice of the hearing on both the persons listed in AS 13.26. 296 (for the guardianship powers ) and the persons listed in AS 13.26. 420 (for the conservator powers). 2. Subject Matter Jurisdiction. The court has jurisdiction under AS 13.27.110 because Alaska is the 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) 3. Venue. a. Alaska is the proper location for the guardianship because the respondent lives here is present here. AS 13.26. 216 . b. Alaska is the proper location for granting the powers of a conservator because the respondent lives her e does not live in Alaska, but has property here. AS 13.26. 411 . Page 2 of 8 PG -400 ( 2/1 7)(cs) AS 13.26.010, . 251 , .266 , .316 , .401 , .430 , .435 , & 540 -.550 ORDER APPOINTING FULL GUARDIAN Probate Rules 16 and 17 4. Incapacity . It has been shown by clear and convincing evidence that the respondent is incapacitated as defined in AS 13.26.005( 5). [ Someone is i ncapacitated if his or her ability to receive and evaluate information or communicate decisions is so impaired that the person cannot provide for their physical health or safety without court -ordered help (including health care, food, shelter, clothing, pe rsonal hygiene, and protection).] The respondent agrees to the finding of incapacity as defined above. AS 13.26. 251 (b). Full Guardian . The respondent is totally without the capacity to care for himself or herself, and a combination of alternatives to guardianship and the appointment of a partial guardian is not feasible or adequate to meet the respondent’s needs. Therefore, the court will appoint a full guardian . AS 13.26. 251 (f). The respondent lacks the ability to provide for himself or 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 responde nt. (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 and management of the respondent’s property and affairs in order to pay for the cost of services. AS 13.26. 266 (a)(2) . Powers of a Conservator . A basis for giving the guardian the powers of a conservator exists bec ause it has been established that the respondent : (1) is unable to effectively manage his or her property and affairs, and (2) has property that will be wasted or used up unless someone manages it. AS 13.26. 430 (c) ; AS 13.26. 401 (2) . As required by AS 13.26. 430 (d), the court 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. 440 are not adequate to protect the respondent’ s estate. Page 3 of 8 PG -400 ( 2/1 7)(cs) AS 13.26.010, . 251 , .266 , .316 , .401 , .430 , .435 , & 540 -.550 ORDER APPOINTING FULL GUARDIAN Probate Rules 16 and 17 5. is suitable, under AS 13.26. 311 , to act as the respondent’s guardian , and has priority for appointment under AS 13.26. 311 . is best qualified among those having equal priority for appointment . does not have priority for appointment, but this appointment is in the respondent’s best interest because for the reasons stated in the attached written findings. AS 13.26. 311 (f) This pers on or entity is also competent to act as the respondent’s conservator , and has priority for appointment under AS 13.26. 465 . is best qualified among those having equal priority for appointment. doe s not have priority for appointment, but this appointment is in the respondent’s best interest because for the reasons stated in the attached written findings. AS 13.26. 465 (f) 6. Consideration of Respondent’ s Preference. a. Pursuant to the AS 13.26. 251 (g) requirement that the court consider the respondent’s preference in selecting a guardian , the court has considered the respondent’s preference. has not considered the respondent’s preference in guardians for the reasons stated on the record in the attached findings. b. Pursuant to the AS 13.26. 430 (d) requirement that the court, to the maximum extent possible, consult with the r espondent in determining what action should be taken with respect to appointment of a conservator , the court has consulted with the respondent about whether the guardian should be given the powers of a conservator. has not consulted with the respondent concerning the conservator issue for the reasons stated on the record in the attached findings. 7. License. The guardian has the required professional lice nse 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. 311 (c) and 13.26. 465 (g) . Page 4 of 8 PG -400 ( 2/1 7)(cs) AS 13.26.010, . 251 , .266 , .316 , .401 , .430 , .435 , & 540 -.550 ORDER APPOINTING FULL GUARDIAN Probate Rules 16 and 17 ORDER IT IS ORDERED: 1. is appointed to be the respondent’s guardian. Personal Contact. The respondent appeared for court either in person or by video connection. The respondent did not appear in court but the court visitor had personal or video contact with the respondent . The court visitor shall have personal or video contact wit h the respondent within the next one year and shall file notice with the court that the contact occurred. The court finds good cause to waive the requirement for personal contact. 2. Powers and Duties . The guardian will be a full gu ardian , with the powers and duties set forth in AS 13.26. 316 (c), including the authority and responsibility to arrange for the respondent ’s (1) Medical care . (2) Any mental health treatment that is necessary. (3) Housing. Limitations: The guardian cannot move the respondent out of the respondent ’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 respond ent . (5) Application for health and accident insurance and any other private or 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) Asset and income ma nagement. The guardian will have the powers and duties of a conservator under AS 13.26. 500 - .575 , except the following: the guardian cannot sell , transfer, destroy or otherwise dispose of without writte n prior permission from the court. AS 13.26. 266 . Page 5 of 8 PG -400 ( 2/1 7)(cs) AS 13.26.010, . 251 , .266 , .316 , .401 , .430 , .435 , & 540 -.550 ORDER APPOINTING FULL GUARDIAN Probate Rules 16 and 17 Large Expenditures. The guardian may manage the respondent 's estate to benefit the respondent without obtaining court approval for large expenditures. However , the guardian must report annually on all expenses paid for the respondent ’s best interest. Other than payments for the respondent 's medical and mental health treatment needs, the guardian may not use the respondent 's funds for any non -budgeted expense exceeding $ without first obtaining the permission of the court. 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. 500 . 3. 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. 311 (c) and 13.26. 465 (g). (S ome ways to satisfy this requirement are explained at: http://courts.alaska.gov/shc/guardian - conservator/guardianship.htm ) 4. Bond. AS 13.26. 470 - .475 . The guardian must post a bond in the amount of $ by is not required to post a bond for the reasons stated on the record in the attached findings. 5. Reporting Requirements. The guardian must file the fo llowing reports with the court: 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 respondent . The Plan must be designed to encourage the respondent to participate in all decisions affecting the respondent to the maxi mum extent possible. The Plan may not restrict the respondent ’s liberty more than is reasonably necessary to protect the respondent and to provide for the respondent ’s needs. AS 13.26. 266 (c) . b. A Guardianship Implementation Report and Inventory of the Es tate (on form PG - 205 ) must be filed with the court within 90 days after distribution of this order. AS 13.26. 271 & . 505 ; Probate Rules 16(e)(1)(A) & 17(e) . Specific Due Date: Page 6 of 8 PG -400 ( 2/1 7)(cs) AS 13.26.010, . 251 , .266 , .316 , .401 , .430 , .435 , & 540 -.550 ORDER APPOINTING FULL GUARDIAN Probate Rules 16 and 17 c. Budget . The guardian shall create a budget for the respondent . The budget shall be file d with the court no later than th is date : the time of the filing of the Guardianship Implementation Repo rt and Inventory of the Estate . The court finds good cause to allow the guardian to serve without creating a budget. d. Guardianship Annual Reports (on form PG -21 0) 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 1 st of the month in which this appointment order is signed and ending 12 months later. The repo rt 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.] See Probate Rule 16(e)(1)(B) and AS 13.26. 276 . Specific Dates . Reporting Period: From to each year. Report is due 30 days after end of reporting period: e. A Final Guardianship Report (on form PG -215 ) must be filed when the guardianship ends , the guardian is replaced , or when the respondent dies . Probate Rule 16(e)(1)(C) . 6. If the respondent or the guardian changes his or her address, the guardian must immediately provide written notice to the court and all parti es. (Include your case number. You can find a “Change of Address” form ( PG -195 ) and court addresses on the court system website at www. courts.alaska.gov .) 7. Term of Guardianship. Unless previously terminated by the court, the guardianship will end upon the death of the respondent or . Once the guardian knows that the respondent has died, the guardian has no further authority over the respondent ’s affairs and estate except to: a. preserve, account, and transfer control of assets to a court -appointed personal representative, a temporary property custodian appointed by the court, or someone authorized to take custody of personal property by affidavit (as provided in AS 12.65.105 -.110 and Probate Rule 9.1); and b. arrange for the body of the respondent to be transported to a funeral home and make funeral and burial arrangements if the respondent does not have a living family member or som eone available to do these tasks . The guardian may also apply for assistance with burial expenses from the state or a municipality if the respondent ’s estate does not have enough 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. 266 (d), . 281 (b) & . 545 (e). Page 7 of 8 PG -400 ( 2/1 7)(cs) AS 13.26.010, . 251 , .266 , .316 , .401 , .430 , .435 , & 540 -.550 ORDER APPOINTING FULL GUARDIAN Probate Rules 16 and 17 8. Appointment of the respondent’s attorney, the court visitor , and any guardian ad litem end : 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 appropria te. 9. Payment of Responde nt’s Court -Appointed Attorney. The respondent’s attorney in the guardianship proceedings will be paid by the Office of Public Advocacy because the respondent cannot afford an attorney . (A S 1 3 . 2 6 . 226 ( b ) , A S 13.26. 291 (c), AS 44.21.410(a)(4), and Administrative Rule 12(c)(2)) the respondent. 10 . Compensation or Reimbursement of Guardian. The guardian is entitled to fees for his or her services. However , he or she may not pay himself or herself more than the following amounts from the respondent ’s assets without a written court order approving such additional fees: a fee for guardian and conservator services of $ per hour, which cann ot be more than $ per month. reimbursement of the case opening fee in the amount of $ . a fee to manage the respondent’s property of $ per month. the monthly fees, case opening fee, property manag ement 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. AS 13.26. 316 (c)(6), 08.26.110, and Probate Rules 16(d) and 17(d) . 11. Financial Abuse Protective Orders. Financial Abuse Case No. Ex Parte Order of Protection . Per AS 13.26. 450 (c) , thi s appointment dissolves the 20 -day ex parte financial abuse protective order in the above case(s). Long -Term Order of Protection . If there is a long -term order of protection or a petition for a long -term order in the above cas e(s), the clerk must route a cop y of this order to the judge in that case. 12. Powers of Attorney. The power of attorney dated and currently held by is cancelled changed as follows: Page 8 of 8 PG -400 ( 2/1 7)(cs) AS 13.26.010, . 251 , .266 , .316 , .401 , .430 , .435 , & 540 -.550 ORDER APPOINTING FULL GUARDIAN Probate Rules 16 and 17 13. Other Ord ers. 14. Additional Persons Who Must Be Served With Documents. In addition to the parties in this case, the guardian must provide the following persons with copies of all pleadings, reports, and notices of hearing until further court order: Na me Mailing Address Daytime Phone AS 13.26. 425 and Probate Rule 16(e)(3) . Recommended for Approval by Standing Master on Superior Court Judge Date Type Judge’s Name Clerk’s Certificate of Distribution I certify that on , a co py of this order was sent to: petitioner respondent visitor guardian respondent's attorney financial abuse prot ective order case file listed in paragraph 1 1 (also distributed PG -815) judge in case listed in paragraph 1 1 with PG -844 Routing Sheet and PG -845 Order Clerk: Notice to Respondent About Right to Request Changes in This Order AS 13.26 .251 (h) At any time in the future, you 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.courts.alaska.gov/forms/index.htm .