Order Appointing Partial Guardian {PG-405}

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 PARTIAL GUARDIAN A hearing in this matter was held on before Judge/Master Present were: Respondent Respondent was not present for the reason stated on the record Respondent's Attorney Visitor Expert Petitioner Guardian Ad Litem Others: The court has reviewed the petition, the visitor's report, the expert's report the master's findings and recommendations, and any objections from the parties. The court finds that: 1. Notice a. b. c. FINDINGS . of the Hearing. The court gave notice of the hearing to the petitioner. The visitor gave notice of the hearing to the respondent. AS 13.26.296(a)(1) The petitioner served notice of the hearing on 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) 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 here does not reside in Alaska, but has property here. AS 13.26.411 3. American LegalNet, Inc. www.FormsWorkFlow.com Page 1 of 8 PG- 405 (2/17) (cs) ORDER APPOINTING PARTIAL GUARDIAN AS 13.26.010, .251, .266, .316, .401, .430, .435, & 540-.550 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 incapacitated if his or her ability to receive and evaluate information or to 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, personal hygiene, and protection).] The respondent agrees to the finding of incapacity as defined above. AS 13.26.251(b). Partial Guardian. The respondent is able to perform some, but not all, of the functions necessary to care for himself/herself, and alternatives to guardianship are not feasible or adequate to provide for the needs of the respondent. Therefore, the court will appoint a partial guardian. [AS 13.26.251(e)]. The respondent lacks the ability to provide for himself/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 respondent. (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. 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 because it has been established that respondent is (1) (2) unable to effectively manage his/her property and affairs, and 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 has 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 2 of 8 PG- 405 (2/17) (cs) ORDER APPOINTING PARTIAL GUARDIAN American LegalNet, Inc. www.FormsWorkFlow.com AS 13.26.010, .251, .266, .316, .401, .430, .435, & 540-.550 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 person or entity is also competent to act as respondent's conservator, and has priority for appointment under AS 13.26.465. 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 13.26.465(f). 6. Consideration of Respondent's Preference. a. Pursuant to the AS 13.26.251(g) requirement that the court consider respondent's preference in selecting a guardian, the court has considered respondent's preference. has not considered respondent's preference in guardians for the reasons on the record in the attached findings. stated b. Pursuant to the AS 13.26.430(d) requirement that the court, to the maximum extent possible, consult with the respondent in determining what action should be taken with respect to appointment of a conservator, the court has consulted with respondent about whether the guardian should be given the powers of a conservator. has not consulted with respondent concerning the conservator issue for the reasons stated on the record in the attached findings. 7. License. The guardian has the required professional license 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 3 of 8 PG- 405 (2/17) (cs) ORDER APPOINTING PARTIAL GUARDIAN American LegalNet, Inc. www.FormsWorkFlow.com AS 13.26.010, .251, .266, .316, .401, .430, .435, & 540-.550 Probate Rules 16 and 17 ORDER IT IS ORDERED: 1. is appointed to be respondent's guardian. Personal Contact. The respondent appeared for court either in person or by video connection