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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 285. Distributive Duties and Powers of Conservator.
previous: Section 280
. Powers of Conservator in Administration.
next: Section 290
. Enlargement or Limitation of Powers of Conservator.
AS 13.26.285. Distributive Duties and Powers of Conservator.
- (a) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation
for the support, education, care, or benefit of the protected person and the protected person's dependents in
accordance with the following principles:
- (1) the conservator is to consider recommendations relating to the appropriate standard of support, education, and benefit
for the protected person made by a parent or guardian, if any; the conservator may not be surcharged for sums paid to
persons or organizations actually furnishing support, education, or care to the protected person pursuant to the
recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or
guardian is deriving personal financial benefit therefrom, including relief from any personal duty of support, or
unless the recommendations are clearly not in the best interests of the protected person;
- (2) the conservator is to expend or distribute sums reasonably necessary for the support, education, care, or benefit of
the protected person with due regard to
- (A) the size of the estate, the probable duration of the conservatorship, and the likelihood that the protected person, at
some future time, may be fully able to manage the protected person's affairs and the estate which has been conserved;
- (B) the accustomed standard of living of the protected person and members of the protected person's household;
- (C) other funds or sources used for the support of the protected person;
- (3) the conservator may expend funds of the estate for the support of persons legally dependent on the protected person
and others who are members of the protected person's household who are unable to support themselves and who are in need
- (4) funds expended under this subsection may be paid by the conservator to any person, including the protected person to
reimburse for expenditures which the conservator might have made, or in advance for services to be rendered to the
protected person when it is reasonable to expect that they will be performed and where advance payments are customary
or reasonably necessary under the circumstances.
- (b) If the estate is ample to provide for the purposes implicit in the distributions authorized by (a) of this section, a
conservator for a protected person other than a minor has power to make gifts to charity and other objects as the
protected person might have been expected to make, in amounts which do not exceed in total for any year 20 percent of
the income from the estate.
- (c) When a minor who has not been adjudged disabled under AS 13.26.165(2) attains majority, the conservator, after
meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the
former protected person as soon as possible.
- (d) When the conservator is satisfied that a protected person's disability (other than minority) has ceased, the
conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and
properties to the formerly protected person as soon as possible.
- (e) If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the deceased
protected person that may have come into the conservator's possession and inform the executor or a beneficiary named in
the will that the will has been so delivered. Once a conservator knows that the protected person has died, the
conservator may not exercise authority over the protected person's affairs and estate except to pay reasonable burial
expenses and to preserve, account for, and transfer control of assets to a personal representative, a temporary
property custodian appointed by the court, or a person authorized to take custody of personal property by affidavit
under AS 13.16.680
. If, after 40 days from the death of the protected person, no other person has been appointed personal representative
and no application or petition for appointment is before the court, the conservator may apply to exercise the powers
and duties of a personal representative in order to proceed with administering and distributing the decedent's estate
without additional or further appointment. Upon application for an order granting the powers of a personal
representative to a conservator, after notice to any person demanding notice under AS 13.16.070
and to any person nominated executor in any will of which the applicant is aware, the court may order the conferral of
the power upon determining that there is no objection, and endorse the letters of the conservator to note that the
formerly protected person is deceased and that the conservator has acquired all of the powers and duties of a personal
representative. The making and entry of an order under this section has the effect of an order of appointment of a
personal representative as provided in AS 13.16.115
and 13.16.245 - 13.16.655 except that estate in the name of the
conservator, after administration, may be distributed to the decedent's successors without prior retransfer to the
conservator as personal representative.
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