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Title 2 . Administration
Chapter 60 . Public Information
Section 120. Definitions

2 AAC 60.120. Definitions

Unless the context indicates otherwise, as used in 2 AAC 60.070 - 2 AAC 60.120,

(1) "annual court report" means the annual report required by AS 13.26.118 (a) or any other client-related annual accounting report ordered by the court;

(2) "case opening" means the internal administrative process used by OPA in establishing a temporary or permanent guardianship or conservatorship case, including the following:

(A) applying to be payee on a client's funds;

(B) collecting and reviewing necessary financial, legal, medical, or social information pertaining to a client or a client's estate;

(C) opening bank or other financial accounts on a client's behalf;

(D) assigning OPA representatives to perform guardianship and conservatorship responsibilities for a client;

(E) collecting and receiving property for a client;

(F) creating files, summaries, and other documentary information necessary for the management of a client or a client's estate; and

(G) all other activities related to preparing for and assuming the responsibilities of guardian or conservator;

(3) "client" means a ward as defined in AS 13.26.005 (10), or a protected person as defined in AS 13.26.005 (16), for whom OPA has been appointed full, partial, or temporary guardian or conservator;

(4) "costs" means those amounts expended by OPA to provide reasonable services to a client, including transportation and lodging for its employees, court visitors, and respondent's counsel;

(5) "estate" means all property and assets owned by a client, including the following:

(A) cash;

(B) savings accounts;

(C) checking accounts;

(D) native corporation interests;

(E) certificates of deposit;

(F) money market accounts;

(G) commercial fishing permits;

(H) bonds, stocks, negotiable securities, or other instruments;

(I) mutual fund shares;

(J) other tangible personal property; and

(K) real estate;

(6) "fee" or "fees" means any amounts charged or collected by OPA against a client or a client's estate for guardianship or conservatorship services, including case opening fees, monthly guardianship or conservatorship service fees, and fees for the sale or management of real or personal property;

(7) "financial hardship" means that the total value of liquid assets of a living client would be inadequate to provide or obtain residential care, food, housing, medical care and other treatment, or other goods or services vital to the well-being of the client or the client's dependents, resulting in the risk of harm to the client or the client's dependents;

(8) "guardianship and conservatorship services" means work performed by OPA and its representatives after appointment as a guardian or conservator by the court, and all guardianship and conservatorship services performed on behalf of a client, including the following:

(A) application for and maintenance of eligibility for entitlement programs and any other benefits for which a client is eligible;

(B) preparation and filing of periodic court reports, inventories, and annual and final accounts;

(C) sale or other disposition of real or personal property;

(D) managing assets of an estate;

(E) securing residential placements and transfers;

(F) monitoring, evaluating, and consenting to medical treatment and habilitation programming;

(G) appearing for and representing a client in legal and administrative proceedings;

(H) procuring other outside services for the benefit of a client or a client's estate; and

(I) quarterly and other visits as necessary to provide an active guardianship or conservatorship program;

(9) "inventory" means a list of all property owned by a client that is filed with the court by OPA;

(10) "liquid assets" means the portion of a client's estate comprised of cash, negotiable instruments, dividends, or other similar property that is readily convertible to cash and has a readily ascertainable fixed value, including the following:

(A) savings accounts;

(B) checking accounts;

(C) certificates of deposit;

(D) money market accounts;

(E) bonds;

(F) stock;

(G) negotiable securities or other instruments; and

(H) mutual fund shares;

(11) "OPA" means the Office of Public Advocacy.

History: Eff. 3/25/95, Register 133

Authority: AS 13.26.410

AS 44.21.410

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The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.

Last modified 7/05/2006