(a) At the hearing scheduled under Alaska Stat. § 13.26.226, the respondent has the right to

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Terms Used In Alaska Statutes 13.26.251

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(1) present evidence on the respondent’s own behalf;
(2) cross-examine adverse witnesses;
(3) remain silent;
(4) have the hearing open or closed to the public as the respondent elects;
(5) be present unless the court determines that the respondent’s conduct in the courtroom is so disruptive that the proceedings cannot reasonably continue with the respondent present;
(6) be tried by jury on the issue of incapacity.
(b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of proper disposition. If the respondent stipulates to incapacity, the court may make a finding of incapacity without obtaining evidence from the expert appointed under Alaska Stat. § 13.26.226(c).
(c) If the respondent is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of alternatives to guardianship to meet the needs of the respondent.
(d) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent, the court may dismiss the action and order an alternative form of protection.
(e) If it is found that the respondent is able to perform some, but not all, of the functions necessary to care for the respondent, and alternatives to guardianship are not feasible or adequate to provide for the needs of the respondent, the court may appoint a partial guardian, but may not appoint a full guardian.
(f) If it is found that the respondent is totally without capacity to care for the respondent and that a combination of alternatives to guardianship and the appointment of a partial guardian is not feasible or adequate to meet the needs of the respondent, the court may appoint a full guardian.
(g) If it is necessary to appoint a guardian, the court shall consider the ward’s preference.
(h) At the time a guardian is appointed, the court shall make a reasonable effort to acquaint the ward with the ward’s right to request, at a later time, the guardian’s dismissal or a modification of the guardianship order. The court shall provide a written statement to the ward, explaining the ward’s rights and specifying the procedures to be followed in petitioning the court.
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