Section 13.26.231. Notice of rights of respondent.

   (a) Upon appointment, the visitor shall promptly
        (1) explain to the respondent, in a language or communication system the respondent can understand, the purpose of the interview and possible consequences of the proceedings;
        (2) serve a copy of the petition on the respondent in accordance with the procedure described in AS 13.06.110;
        (3) explain and provide to the respondent a written statement of the following rights:
             (A) the respondent may communicate with an attorney or an expert in the field of the alleged incapacity before proceeding with the interview;
             (B) if the respondent does not have an attorney, an attorney, whose name, address, and telephone number shall be included in the statement, will be designated to advise and represent the respondent before and at any judicial hearings, and the attorney may arrange for an examination and consultation with an expert; and
             (C) the respondent may, instead, employ an attorney or expert of the respondent's own choice; and
        (4) offer assistance to the respondent in contacting an attorney.
   (b) A substantive interview of the respondent or other investigation may not be conducted until the provisions of (a) of this section are satisfied.

Authorities

13.26.296

Notes

References

AS 13.26.296 Notices in guardianship proceedings.

History

(Sec. 7 ch 83 SLA 1981)