Section 13.26.430. Procedure concerning hearing and order on original petition.

   (a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition.  If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the choice of the minor if 14 years of age or older.  A lawyer appointed by the court to represent a minor has the powers and duties of a guardian ad litem.
   (b) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has counsel of the person's own choice, the court must appoint a lawyer to represent the person. If the alleged disability is mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may direct that the person to be protected be examined by a physician designated by the court, preferably a physician who is not connected with any institution in which the person is a patient or is detained. The court may send a visitor to interview the person to be protected. The visitor may be a guardian ad litem or an officer or employee of the court.
   (c) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.
   (d) The court shall investigate alternatives to a conservator and the use of a special conservator as provided in AS 13.26.440(c).  A conservator may be appointed only if a less restrictive protective order or the services of a special conservator are not adequate to protect the estate of the protected person.  The court shall, to the extent possible, consult with the protected person in determining what action should be taken.

Authorities

13.26.515

Notes

References

AS 13.26.515 Visitor reports.

History

(Sec. 1 ch 78 SLA 1972; am Sec. 15 ch 83 SLA 1981; am Sec. 20 ch 84 SLA 2004)