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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 114. Psychotropic Medication Influencing Wards or Respondents at Judicial Hearings.
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. Hearing and Determination.
next: Section 115
. Acceptance of Appointment; Consent to Jurisdiction.
AS 13.26.114. Psychotropic Medication Influencing Wards or Respondents at Judicial Hearings.
- (a) A ward or respondent has a right to participate to the maximum extent possible in all judicial proceedings concerning
the ward or respondent and to be free from the influence of psychotropic medication during the proceedings.
- (b) It is the responsibility of the attorney for the ward or respondent to determine if the ward or respondent is being
treated with psychotropic medication the effects of which would continue during the judicial proceedings and, if so, to
inform the court in writing a reasonable time before the hearing.
- (c) The court, upon receipt of the information provided under (b) of this section, shall require a medical examination of
the ward or respondent, if the court determines that the medical examination is necessary, and shall determine the
advisability of continuation or suspension of the treatment for the duration of the judicial proceedings. The court
may make any appropriate order it considers necessary. The court in making its determination shall balance the
interest of maximum participation of the ward or respondent in the hearings against the medical and rehabilitative
needs of the ward or respondent.
- (d) If the ward or respondent is under the influence of psychotropic medication during the judicial proceeding determining
capacity, the trier of fact shall take that fact into consideration in making its determination.
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