Courts would weigh less restrictive help in Alaska guardianship cases

Courts would decide whether to appoint a guardian or conservator, or order a less restrictive protective arrangement. The rules cover adults and minors in Alaska guardianship, conservatorship, and protective arrangement proceedings. For an adult guardian, the court would need clear and convincing evidence that the adult cannot meet essential needs and that less restrictive options would not meet them. For an adult conservator, the court would also need evidence that financial management is necessary to prevent harm or provide needed support. For a minor, the court would apply separate best-interest and property-related standards. The proposed rules would apply to proceedings started on or after the act's effective date.

Guardians and conservators would follow duties for involving people in decisions and reporting to the court. These provisions cover guardians and conservators appointed under the proposed chapter, including those serving adults. Adult guardians would consider the adult's known wishes and involve the adult in decisions as far as reasonably possible. A guardian could restrict an adult's contact only under specified court-order, protective-order, or short-term harm-prevention exceptions. Courts would review guardians' plans and reports, and conservators' plans, property inventories, and reports. Guardians would file a plan and report within 60 days after appointment, then file reports at least annually.

A court could order someone to stay away from an individual or their property when fraud threatens an immediate loss. A person allowed to petition for a protective arrangement could ask the court to restrict another person's access to an individual or the individual's property. A court could issue the order without notice only on probable cause of fraud and an immediate threat of waste or loss of the individual's funds or property. The order would expire after 20 days unless the court ends it sooner or appoints a guardian or conservator; a petition could lead to a hearing on a longer arrangement. A third party with actual or legal notice who fails to comply could face a civil penalty of up to $1,000, plus actual damages, costs, and fees. The 20-day period starts when the no-notice order is issued.