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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 109. Evaluations: Right to Remain Silent; Respondent's Attorney or Expert.
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. Findings; Order of Appointment. [Repealed, Sec. 21 Ch 83 SLA 1981. For Current Law See AS 13.26.116
AS 13.26.109. Evaluations: Right to Remain Silent; Respondent's Attorney or Expert.
- (a) A ward or respondent has the right to refuse to respond to questions in the course of examinations and evaluations.
However, the ward or respondent may be required to submit to interviews for the purpose of ascertaining whether the
ward or respondent lacks the capacity to make informed decisions about care and treatment services.
- (b) Statements of a ward or respondent in the course of evaluations, examinations, and treatment under AS 13.26.090
- 13.26.155 are privileged, confidential, and not
admissible without the ward's or respondent's consent in any civil or criminal proceeding other than proceedings under
- 13.26.155. A ward or respondent at all times has
the right to refuse to answer questions if the answers may tend to incriminate the ward or respondent.
- (c) During an interview or a testing conducted under AS 13.26.090
- 13.26.155, a ward or respondent has the right to be
accompanied by an attorney or expert of the ward's or respondent's own choosing.
- (d) The court, if requested by a ward or respondent in preparation for and in connection with a hearing held under AS 13.26.090
- 13.26.155, shall appoint an expert having
expertise in regard to the alleged or admitted incapacity to examine the respondent and testify on the respondent's
behalf. The request shall be filed in court at least five days before the hearing. An expert appointed under this
subsection may be the same expert appointed under AS 13.26.106
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