Alaska: Adult Guardianship and Conservatorship Petition Requirements

Requirements one by one

Proceeding and state terminology

Alaska separates the ordinary adult case into guardianship under §§ 13.26.201–
.316 and conservatorship or another property-protection order under
§§ 13.26.401–.575. The lines can overlap. Section 13.26.316 gives a full guardian
the powers and duties of a conservator unless the court modifies them, and the
current PG-100 guardian petition asks whether conservator powers are also
needed. A conservator-only petition uses PG-104 and concerns money and property.

Who may file and where

Any person may file the guardian petition under § 13.26.221, including the adult
seeking help. Section 13.26.216 places venue where the adult resides or is
present, with an additional option tied to the court that ordered institutional
admission. The court instructions direct filing in superior court.

The conservator list in § 13.26.415 is broader than family: it includes the
adult, an attorney or legal representative, anyone interested in the estate,
affairs, or welfare, a parent, guardian, custodian, caregiver, the Department of
Health, and someone adversely affected by ineffective property management.
Under § 13.26.411, an Alaska resident files where the adult resides; a
nonresident's case may be filed where the property is located.

What the petition must contain

Section 13.26.221 requires a guardian petition to identify the parties and
current custodian or fiduciary, disclose existing limits on legal capacity,
describe the nature and degree of incapacity, specify the type and duration of
appointment and protection requested, list close relatives, give the facts
supporting incapacity and need, and identify people with useful knowledge.

The current court forms make those categories concrete. PG-100 asks
about a supported decision-making agreement, power of attorney, advance health
care directive, representative payee, relatives and caregivers, diagnosis and
functional examples for each requested decision area, finances, the nominee and
statutory priority, and sworn verification. PG-104 asks parallel support
questions and requires the assets, debts, income, expenses, functional examples,
property-risk explanation, proposed conservator, priority, and verification.

Proof required for appointment

For guardianship, §§ 13.26.005 and 13.26.251 require clear and convincing proof
of a functional impairment: the adult's ability to receive and evaluate
information or communicate decisions must be impaired enough that the adult
cannot provide essential health or safety requirements without court-ordered
help. A diagnosis is relevant evidence, not the statutory conclusion.

For conservatorship, § 13.26.401 requires both inability to manage property and
affairs effectively for a listed reason and likely waste or dissipation, or a
need to protect funds for support, care, or welfare. Sections 13.26.401 and
13.26.430 do not assign a separate express burden of proof for that property
track.

Alternatives the court must address

The guardian visitor's report under § 13.26.236 must explain alternatives and
may recommend personal guardianship only when the adult's needs cannot be met
otherwise. Section 13.26.251 then requires the court to decide whether
alternatives are feasible and adequate before moving from dismissal or another
form of protection to partial, and only then potentially full, guardianship.
Under § 13.26.266, each granted power needs supporting findings and no sufficient
less restrictive alternative.

The property track has its own gate. Section 13.26.430 requires investigation of
alternatives and permits a conservator only when a less restrictive protective
order or special conservator will not adequately protect the estate. Under
§ 13.26.440, the court may allow a single transaction or other protective arrangement without
appointing a continuing conservator.

Notice, service, and hearing timing

The guardian hearing must occur within 120 days after filing unless postponed
for cause under § 13.26.226. The visitor serves the petition on the adult and
explains the proceeding and rights under § 13.26.231. Guardianship recipients
are listed in § 13.26.296, and § 13.06.110 supplies the general timing for notice
to listed persons other than the visitor-served adult: spouse, parents, adult children,
current guardian or conservator or caregiver, recent evaluators, counsel, and
any guardian ad litem, ordinarily at least 14 days before the hearing. In-state
spouse and parents receive personal, certified-mail, or court-rule service.

For conservatorship, § 13.26.420 requires at least 14 days' notice to the adult
and the spouse or, if none, parents, using personal service, certified mail, or
another court-rule method when they can be found in Alaska.

Counsel and hearing rights

In guardianship, § 13.26.226 entitles the adult to counsel and requires Office of
Public Advocacy appointment when the adult cannot afford a lawyer. Under
§ 13.26.246, zealous representation is the lawyer's principal duty and generally
requires first contact at least two weeks before hearing. Under § 13.26.251, the
adult may present evidence, cross-examine witnesses, remain silent, choose an
open or closed hearing, attend unless conduct makes continuation impossible,
and demand a jury on incapacity.

The conservator statute separately makes counsel automatic unless the adult has
chosen a lawyer. Section 13.26.430 does not repeat the guardian article's jury
and open-or-closed-hearing list.

Medical evidence or court evaluator

Guardianship requires both a neutral visitor and an expert under § 13.26.226.
The visitor interviews the adult and proposed guardian, arranges the expert
examination, gathers the necessary information, and files the report with the
expert report attached. Section 13.26.236 sets the filing and service deadline at
90 days after the petition, prescribes a functional and alternatives analysis,
and gives the petitioner and adult 10 days to respond. The adult may request a
court-appointed expert at least five days before hearing under § 13.26.241.

Conservatorship is different: § 13.26.430 says the court may order a physician
examination and may send a visitor. Those appointments are not universal
statutory prerequisites in the property track.

Limits on the order

Section 13.26.201 preserves every legal and civil right not expressly limited or
granted to the guardian. The appointment order must make findings supporting
each power and adopt the plan required by § 13.26.266. The plan cannot be more
restrictive than reasonably necessary, must encourage participation, and cannot
grant a power unless need is proved and no sufficient narrower alternative
exists.

For property, § 13.26.435 says the protective order itself does not change the
adult's capacity. The court can select a limited transaction, special
conservator, or other protective arrangement instead of a continuing
conservator.

Temporary relief is separate from the ordinary case. Temporary-guardian relief
under § 13.26.301 and temporary-conservator relief under § 13.26.445 each require
a hearing within 72 hours and limit authority to what the immediate health,
safety, or property risk requires.

What trips people up

A full guardian can carry financial authority. Alaska has separate statutory
tracks and separate court forms, but § 13.26.316 ordinarily gives a full guardian
conservator powers. Read the requested powers and proposed order, not just the
case label.

The proof and evaluation rules are not identical. The guardian track has an
express clear-and-convincing burden, mandatory visitor and expert, jury right on
incapacity, 90-day report, and 120-day hearing deadline. The conservator article
uses a different property-risk test and makes physician and visitor appointments
discretionary under § 13.26.430.

Common questions

Can the adult file the guardian petition?

Yes. Section 13.26.221 says any person may petition for a guardian for oneself or
another person.

Does the adult automatically receive a lawyer?

In conservatorship, yes unless the adult already has chosen counsel. In
guardianship, the adult is entitled to counsel, and the court appoints the Office
of Public Advocacy when the adult cannot afford a lawyer.

Is a physician letter filed with the petition enough for guardianship?

No. The court appoints a visitor and an expert, the visitor files the expert-
backed evaluation report, and the petitioner still bears the clear-and-
convincing burden at the incapacity hearing.

Must the court grant a full guardianship after finding incapacity?

No. Section 13.26.251 requires partial guardianship when the adult can perform
some necessary functions and alternatives cannot fill the gaps. A full guardian
is permitted only at the statute's next, more restrictive step.

Statutes and sources

• Alaska Stat. §§ 13.26.005 and 13.26.201: functional incapacity definition,
  necessity, independence, and retained rights.
  Official text
  (accessed 2026-07-19).
• Alaska Stat. §§ 13.26.216, 13.26.221, and 13.26.226: guardian venue,
  standing, petition checklist, counsel, hearing deadline, visitor, and expert.
  Official petition section
  (accessed 2026-07-19).
• Alaska Stat. §§ 13.26.231, 13.26.236, 13.26.241, and 13.26.246: service and
  rights explanation, report, independent expert, and counsel's duties.
  Official visitor-report section
  (accessed 2026-07-19).
• Alaska Stat. §§ 13.26.251, 13.26.266, and 13.26.316: hearing rights, burden,
  partial/full hierarchy, findings, plan, and guardian powers.
  Official hearing section
  (accessed 2026-07-19).
• Alaska Stat. §§ 13.06.110 and 13.26.296: guardian notice recipients, methods,
  and timing.
  Official guardianship-notice section
  (accessed 2026-07-19).
• Alaska Stat. §§ 13.26.401, 13.26.411, and 13.26.415: conservator standard,
  venue, standing, and petition.
  Official protective-proceeding section
  (accessed 2026-07-19).
• Alaska Stat. §§ 13.26.420, 13.26.430, 13.26.435, and 13.26.440: notice,
  counsel, discretionary evaluation, alternatives, and protective orders.
  Official hearing-and-order section
  (accessed 2026-07-19).
• Alaska Stat. §§ 13.26.301 and 13.26.445: temporary guardian and conservator
  boundary.
  Official temporary-conservator section
  (accessed 2026-07-19).
• Alaska Court Forms PG-100 and PG-104: current adult guardian and conservator
  petition details and verification.
  Guardian petition
  and conservator petition
  (accessed 2026-07-19).