Section 13.26.226. Initial court procedures.

   (a) Upon the filing of a petition, the court shall schedule a hearing on the issue of incapacity.  The hearing shall be conducted within 120 days from the filing of the petition unless the court postpones the hearing for cause.
   (b) The respondent is entitled to be represented by an attorney in the proceedings.  If the respondent is financially unable to employ an attorney, the court shall appoint the office of public advocacy (AS 44.21.400) under AS 13.26.291 to represent the respondent in the proceedings.
   (c) The court shall appoint a visitor.  The visitor shall arrange for evaluations to be performed and prepare a written report to be filed with the court.  The court shall also appoint an expert who has expertise in regard to the alleged or admitted incapacity to investigate the issue of incapacity.  The visitor shall interview the respondent and the person seeking appointment as guardian, if any.  The visitor shall conduct the interviews and investigations necessary to prepare the report and shall arrange for the respondent to be examined by the expert appointed under this section.  The expert's written report shall be attached to the visitor's report.  Interviews and examinations shall take place in the respondent's usual residence unless
        (1) the respondent consents to being examined or interviewed in a medical or mental health facility; or
        (2) the visitor considers it necessary to conduct interviews or examinations in a medical or mental health facility.
   (d) Appointment of the visitor and the expert under (c) of this section shall be made through the office of public advocacy (AS 44.21.400) under AS 13.26.291.

Authorities

13.26.130;13.26.241;13.26.251;13.26.291;44.21.410

Notes

References

AS 13.26.130 Visitor in guardianship proceeding. [Repealed, Sec. 21 ch 83
AS 13.26.241 Evaluations; right to remain silent; respondent's attorney or expert.
AS 13.26.251 Hearing and determination.
AS 13.26.291 Costs in guardianship proceedings.
AS 44.21.410 Powers and duties.

History

(Sec. 7 ch 83 SLA 1981; am Sec. 3, 4 ch 55 SLA 1984)

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