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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 210. Who May Be Appointed Conservator; Priorities.
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AS 13.26.210. Who May Be Appointed Conservator; Priorities.
- (a) The court may appoint a competent person, including a private professional guardian or the public guardian, as the
conservator of the estate of a protected person.
- (b) The court may not appoint a person to be a conservator of a protected person if the person
- (1) provides, or is likely to provide during the conservatorship, substantial services to the protected person in a
professional or business capacity, other than in the capacity of conservator;
- (2) is or is likely to become, during the conservatorship, a creditor of the protected person, other than in the capacity
- (3) is likely to have, during the conservatorship, interests that may conflict with those of the protected person; or
- (4) is employed by a person who would be disqualified under (1) - (3) of this subsection.
- (c) A person may be appointed as the conservator of a protected person even if (b) of this section applies if the person
is the spouse, adult child, parent, or sibling of the protected person and if the court determines that the potential
conflict of interest is not substantial and that the appointment would clearly be in the best interests of the
- (d) Subject to (e) and (f) of this section, qualified persons have priority for appointment in the following order:
- (1) an individual or qualified conservator nominated by the protected person if the protected person is 14 or more years
of age and had, in the opinion of the court, sufficient mental capacity to make an informed choice;
- (2) the spouse of the protected person;
- (3) an adult child or a parent of the protected person;
- (4) a relative of the protected person with whom the protected person has resided for more than six months during the year
before the filing of the petition;
- (5) a relative or friend of the protected person who has demonstrated a sincere and longstanding interest in the welfare
of the protected person;
- (6) a private professional conservator;
- (7) the public guardian.
- (e) When more than one person has equal priority under (d) of this section, the court shall select the person it considers
to be the best qualified.
- (f) When in the best interest of the protected person, a court may decline to appoint a person who has priority under (d)
of this section as conservator of the protected person and may appoint as conservator a person who has a lower priority
than another person or who does not have a priority.
- (g) In addition to any other requirement of this section, when appointing a relative or friend of the protected person
as the conservator of the protected person, the court shall require that the proposed conservator complete one hour of
mandatory education on the basics of conservatorship before the appointment or within 30 days after the appointment. If
the person is appointed based on the person's agreement to complete the mandatory education and the person fails to
complete the mandatory education within the 30 days, the court shall remove the conservator and appoint a successor.
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