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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 113. Hearing and Determination.
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. Appointment of a Guardian Ad Litem. [Repealed, Sec. 31 Ch 84 SLA 2004].
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. Psychotropic Medication Influencing Wards or Respondents at Judicial Hearings.
AS 13.26.113. Hearing and Determination.
- (a) At the hearing scheduled under AS 13.26.106
, the respondent has the right to
- (1) present evidence on the respondent's own behalf;
- (2) cross-examine adverse witnesses;
- (3) remain silent;
- (4) have the hearing open or closed to the public as the respondent elects;
- (5) be present unless the court determines that the respondent's conduct in the courtroom is so disruptive that the
proceedings cannot reasonably continue with the respondent present;
- (6) be tried by jury on the issue of incapacity.
- (b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall
be made before consideration of proper disposition.
- (c) If the respondent is found to be incapacitated, the court shall determine the extent of the incapacity and the
feasibility of alternatives to guardianship to meet the needs of the respondent.
- (d) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent, the
court may dismiss the action and order an alternative form of protection.
- (e) If it is found that the respondent is able to perform some, but not all, of the functions necessary to care for the
respondent, and alternatives to guardianship are not feasible or adequate to provide for the needs of the respondent,
the court may appoint a partial guardian, but may not appoint a full guardian.
- (f) If it is found that the respondent is totally without capacity to care for the respondent and that a combination of
alternatives to guardianship and the appointment of a partial guardian is not feasible or adequate to meet the needs of
the respondent, the court may appoint a full guardian.
- (g) If it is necessary to appoint a guardian, the court shall consider the ward's preference.
- (h) At the time a guardian is appointed, the court shall make a reasonable effort to acquaint the ward with the ward's
right to request, at a later time, the guardian's dismissal or a modification of the guardianship order. The court
shall provide a written statement to the ward, explaining the ward's rights and specifying the procedures to be
followed in petitioning the court.
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