In Alaska, if a person becomes unable to make important personal and financial decisions independently the court may create a legal guardianship or conservatorship. The process begins by filing a petition with the court. The court will appoint an attorney for the person in need of assistance. The court will also appoint a “court visitor”, which is a social worker who will investigate the allegations of incapacity. The court may appoint a temporary guardian before it holds a full hearing. At a legal guardianship or conservatorship hearing, parties present all the facts and evidence regarding incapacitation. The lawyer for the protected person and any other interested parties may speak at the hearing. Considering all the evidence, the court will decide whether conservatorship is to be granted or not.
- For Attorneys