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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 26. Protection of Persons Under Disability and Their Property; Powers of Attorney
- Section 106. Initial Court Procedures.
previous: Section 105
next: Section 107
. Notice of Rights of Respondent.
AS 13.26.106. 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 13.26.131
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 13.26.131
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