Section 13.26.211. Testamentary appointment of guardian for incapacitated person.

   (a) The parent of an incapacitated person may by will appoint a guardian of the incapacitated person.  A testamentary appointment by a parent becomes effective when, after having given seven days' prior written notice of intention to do so to the incapacitated person and to the person having care of the incapacitated person or to the incapacitated person's nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated, if, prior thereto, both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority unless it is terminated by the denial of probate in formal proceedings.
   (b) The spouse of a married incapacitated person may by will appoint a guardian of the incapacitated person.  The appointment becomes effective when, after having given seven days' prior written notice of intention to do so to the incapacitated person and to the person having care of the incapacitated person or to the incapacitated person's nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated. An effective appointment by a spouse has priority over an appointment by a parent unless it is terminated by the denial of probate in formal proceedings.
   (c) This state recognizes a testamentary appointment effected by filing acceptance under a will probated at the testator's domicile in another state.
   (d) On the filing with the court in which the will was probated of written objection to the appointment by the person for whom a testamentary appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the testamentary nominee or any other suitable person upon an adjudication of incapacity in proceedings under AS 13.26.216 - 13.26.316.
   (e) A testamentary appointment of a guardian by the parent of an incapacitated person, or by the spouse of a married incapacitated person, may grant all guardianship powers and duties that the deceased parent or spouse held, subject to modification by the court under AS 13.26.286.

Notes

History

(Sec. 1 ch 78 SLA 1972; am Sec. 5 ch 83 SLA 1981; am Sec. 14 ch 53 SLA 2008)