Order Appointing Temporary Conservator {PG-425}

Page 1 of 6 PG-425 (4/18)(cs) AS 13.26.010, .445 ORDER APPOINTING TEMPORARY CONSERVATOR IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT In the Matter of the Protective Proceeding of ) ) ) ) , ) Respondent ) CASE NO. ) ) ORDER APPOINTING TEMPORARY CONSERVATOR UNDER AS 13.26.445 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. Visitor Physician Petitioner Guardian Ad Litem Others: The court has reviewed the petition, the report gs and recommendations, any objections from the parties, and . FINDINGS The court finds that: 1. Notice of Hearing on Temporary Appointment. a. the court visitor. b. Respondent was given notice of the hearing. was not given notice for the reasons stated on the record. 2. Subject Matter Jurisdiction. The court has jurisdiction under AS 13.27.110 because Alaska AS 13.27.180. AS 13.27.110 because the requirements of the following statute have been met: AS 13.27.110(2) AS 13.27.110(3) AS 13.27.110(4) AS 13.27.120(a)(1) to make an emergency appointment lasting no more than 90 days because the respondent is physically present in Alaska. 3. Venue. Venue is proper because the respondent resides here. does not reside in Alaska, but has property here. AS 13.26.411 American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 6 PG-425 (4/18)(cs) AS 13.26.010, .445 ORDER APPOINTING TEMPORARY CONSERVATOR 4. Pending Petition for Conservator or Full Guardian. A petition for appointment of a conservator or full guardian (with conservator powers) for the respondent has been filed, but a hearing on the matter has not been held. 5. Need For Temporary Conservator. Respondent needs a temporary conservator to protect the respondent against waste or dissipation of the following money or property which the respondent is not capable of protecting: manage the following personal financial affairs or business affairs which the respondent cannot manage: obtain the following funds that are needed for the immediate support, care, and welfare of the respondent or persons entitled to be supported by the respondent and which the respondent is not capable of obtaining: 6. Alternatives Not Adequate. As required by AS 13.26.430(d), the court investigated alternatives to appointing a conservator and concludes that a conservator should be appointed because the alternatives under AS 13.26.440 estate. 7. Pursuant to the AS 13.26.430(d) requirement that the court, to the maximum extent possible, consult with the respondent in determining whether a conservator should be appointed, the court has consulted with respondent. has not consulted with respondent for the reasons stated on the record. in the attached findings. American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 6 PG-425 (4/18)(cs) AS 13.26.010, .445 ORDER APPOINTING TEMPORARY CONSERVATOR 8. Priority. 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 best interest of the respondent because for the reasons stated in the attached written findings. AS 13.26.465(f) 9. License. The temporary conservator has the required professional license under AS 08.26. is the Public Guardian. is exempt from the license requirement under AS 08.26.415 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 conservatorship. (AS 13.26.465(g)) 10. Other Findings. ORDER IT IS ORDERED: 1. i conservator. 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 with 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. The temporary conservator is granted the following authority that is least restrictive upon the liberty of the respondent: American LegalNet, Inc. www.FormsWorkFlow.com Page 4 of 6 PG-425 (4/18)(cs) AS 13.26.010, .445 ORDER APPOINTING TEMPORARY CONSERVATOR To protect the respondent against waste or dissipation, the temporary conservator is authorized to: financial affairs or business affairs, the temporary conservator is authorized to: To obtain money that is needed for the immediate support, care, and welfare of the respondent or persons entitled to be supported by the respondent, the temporary conservator is authorized to: All the powers and duties of a full conservator as set forth in AS 13.26.500 - .575, with any exceptions stated below. The temporary conservator shall not sell, transfer, destroy or otherwise dispose of without prior written permission from the court. Large Expenditures. The guardian may manage the protected person's estate to benefit the protected person without obtaining court approval for large expenditures. Other than payments for the protected person's medical and mental health treatment needs, the guardian may not make use of the protected person's funds for any non-budgeted expense exceeding $ without first obtaining the permission of the court. 3. Mandatory Education (Non-Professional Conservators). If the temporary conservator is not engaged in the business of providing conservator services, the temporary conservator must complete one hour of mandatory education on the basics of conservatorship and file proof of completion with the court within 30 days after this appointment order is distributed. AS 13.26.465(g) (Use the PG-120 Affirmation form. Some ways to satisfy this requirement are explained at: http://courts.alaska.gov/shc/guardian-conservator/classes.htm ) 4. If the protected person or temporary conservator changes his/her address, the temporary conservator must immediately provide written notice to the court and all parties. -195) and court addresses on the court system website: www.courts.alaska.gov) American LegalNet, Inc. www.FormsWorkFlow.com Page 5 of 6 PG-425 (4/18)(cs) AS 13.26.010, .445 ORDER APPOINTING TEMPORARY CONSERVATOR 5. Term of Temporary Conservatorship. Unless previously terminated by the court, the temporary conservatorship will expire when a full or partial conservator or a full guardian (with conservator powers) is appointed or when the petition for conservatorship or full guardianship is dismissed. AS 13.26.445(c) The temporary conservatorship will expire 6. Payment of Responde-Appointed Attorney. The attorney for the respondent in the conservatorship proceedings will be paid by the respondent. (AS 13.26.485) the court because the respondent is indigent and AS 13.26.430(b) requires the appointment. (Administrative Rule 12(e)(1)(A)(iii)). Office of Public Advocacy. 7. Compensation or Reimbursement. [AS 08.26.110 and Probate Rule 17(d)] The temporary conservator is entitled to fees for his/her services. However, he/she may not pay himself/herself more than the following amounts from the assets without a written court order approving such additional fees: a fee for temporary conservator services of $ per hour, not to exceed $ per month. a case opening fee/reimbursement of $ . the monthly fees, case opening fee, property management 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 temporary conservator is not authorized to charge any fees. 8. Financial Abuse Protective Orders. Financial Abuse Case No. Ex Parte Order of Protection. Pursuant to AS 13.26.450(c), this 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