(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.
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Terms Used In Alaska Statutes 13.26.241

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Testify: Answer questions in court.
(b) Statements of a ward or respondent in the course of evaluations, examinations, and treatment under Alaska Stat. § 13.26.201 – 13.26.316 are privileged, confidential, and not admissible without the ward’s or respondent’s consent in any civil or criminal proceeding other than proceedings under Alaska Stat. § 13.26.201 – 13.26.316. 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 Alaska Stat. § 13.26.201 – 13.26.316, 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 Alaska Stat. § 13.26.201 – 13.26.316, 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 Alaska Stat. § 13.26.226(c).
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