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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 280. Powers of Conservator in Administration.
previous: Section 275
. Persons Dealing With Conservators; Protection.
next: Section 285
. Distributive Duties and Powers of Conservator.
AS 13.26.280. Powers of Conservator in Administration.
- (a) A conservator has all of the powers conferred herein and any additional powers conferred by law on trustees in this
state. In addition, a conservator of the estate of an unmarried minor, as to whom no one has parental rights, has the
duties and powers of a guardian of a minor described in AS 13.26.070
until the minor attains the age of 18 or marries, but the parental rights so conferred on a conservator do not
preclude appointment of a guardian as provided by AS 13.26.030
- (b) A conservator has power without court authorization or confirmation, to invest and reinvest funds of the estate as
would a trustee.
- (c) A conservator, acting reasonably in efforts to accomplish the purpose for which the conservator was appointed, may
act, without court authorization or confirmation, to
- (1) collect, hold and retain assets of the estate including land in another state, until, in the conservator's judgment,
disposition of the assets should be made, and the assets may be retained even though they include an asset in which the
conservator is personally interested;
- (2) receive additions to the estate;
- (3) continue or participate in the operation of any business or other enterprise;
- (4) acquire an undivided interest in an estate asset in which the conservator, in any fiduciary capacity, holds an
- (5) invest and reinvest estate assets in accordance with (b) of this section;
- (6) deposit estate funds in a bank including a bank operated by the conservator;
- (7) acquire or dispose of an estate asset including land in another state for cash or on credit, at public or private
sale; and to manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset;
- (8) make ordinary or extraordinary repairs or alterations in buildings or other structures, to demolish any improvements,
to raze existing or erect new party walls or buildings;
- (9) subdivide, develop, or dedicate land to public use; to make or obtain the vacation of plats and adjust boundaries; to
adjust differences in valuation on exchange or to partition by giving or receiving considerations; and to dedicate
easements to public use without consideration;
- (10) enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within
or extending beyond the term of the conservatorship;
- (11) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a
pooling or unitization agreement;
- (12) grant an option involving disposition of an estate asset, to take an option for the acquisition of any asset;
- (13) vote a security, in person or by general or limited proxy;
- (14) pay calls, assessments, and any other sums chargeable or accruing against or on account of securities;
- (15) sell or exercise stock subscription or conversion rights; to consent, directly or through a committee or other agent,
to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business
- (16) hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to
the security may pass by delivery, but the conservator is liable for any act of the nominee in connection with the
stock so held;
- (17) insure the assets of the estate against damage or loss, and the conservator against liability with respect to third
- (18) borrow money to be repaid from estate assets or otherwise; to advance money for the protection of the estate or the
protected person, and for all expenses, losses, and liability sustained in the administration of the estate or because
of the holding or ownership of any estate assets, and the conservator has a lien on the estate as against the protected
person from advances so made;
- (19) pay or contest any claim; to settle a claim by or against the estate or the protected person by compromise,
arbitration, or otherwise; and to release, in whole or in part, any claim belonging to the estate to the extent that
the claim is uncollectible;
- (20) pay taxes, assessments, compensation of the conservator, and other expenses incurred in the collection, care,
administration, and protection of the estate;
- (21) allocate items of income or expense to either estate income or principal, as provided by law, including creation of
reserves out of income for depreciation, obsolescence, or amortization, or for depletion in mineral or timber
- (22) pay any sum distributable to a protected person or the protected person's dependent, without liability to the
conservator, by paying the sum to the distributee or by paying the sum for the use of the distributee either to the
distributee's guardian or if none, to a relative or other person with custody of the distributee's person;
- (23) employ persons, including attorneys, auditors, investment advisors, or agents, even though they are associated with
the conservator to advise or assist the conservator in the performance of administrative duties; to act upon their
recommendation without independent investigation; and instead of acting personally, to employ one or more agents to
perform any act of administration, whether or not discretionary;
- (24) prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of estate assets and of the
conservator in the performance of duties; and
- (25) execute and deliver all instruments which will accomplish or facilitate the exercise of the powers vested in the
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