Adult Guardianship in Alaska
Reviewed by DocDraft Legal Team - Alaska - Last updated October 9, 2026
In Alaska the Superior Court appoints a guardian for an "incapacitated person" (the "respondent") under AS Title 13, Chapter 26. The petition is the Alaska Court System's Form PG-100, Petition for Appointment of a Guardian for an Adult, and the burden of proof is clear and convincing evidence on the petitioner (AS 13.26.251(b)). The court appoints a visitor, who arranges evaluations, and a separate expert on the alleged incapacity; the visitor's report is due within 90 days after the petition is filed (AS 13.26.236(a)). Alaska's guardian covers the person only: money is handled by a separate conservator under Article 4.
Find out where you stand in Alaska
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Alaska?
The Superior Court must find an "incapacitated person": someone whose ability to receive and evaluate information or to communicate decisions is impaired, for reasons other than minority, to the extent that the person lacks the ability to provide the essential requirements for physical health or safety without court-ordered assistance. The petitioner must prove it by clear and convincing evidence.
Which court and which form start an adult guardianship in Alaska?
The Alaska Superior Court has jurisdiction over guardianship proceedings. The Alaska Court System's Form PG-100, Petition for Appointment of a Guardian for an Adult, is the adult petition, and the PG-500 packet adds PG-115, Notice of Guardianship Hearing, and PG-117, Certificate of Service by Certified Mail. The court's requirements control, so ask the clerk.
Does Alaska require a doctor's report for an adult guardianship?
In Alaska the evaluation runs through the court. The court appoints a visitor, who arranges evaluations and files a written report, and also appoints an expert on the alleged incapacity. The visitor must file the report, with proof of service, within 90 days after the petition is filed.
What rights does the person have in an Alaska guardianship case?
The respondent is entitled to an attorney; if financially unable to employ one, the court appoints the Office of Public Advocacy. The visitor serves the petition and gives a written statement of rights before any substantive interview. The hearing is within 120 days of filing unless postponed for cause, and the respondent may be tried by jury on incapacity.
Alaska's visitor plus expert, 90-day report, and person-only guardian
Alaska uses its own vocabulary. The adult is the "incapacitated person" (the respondent, and once appointed the ward), the Superior Court appoints a guardian under AS Title 13, Chapter 26, Article 3, and a "conservator" handles the estate in a separate protective proceeding under Article 4. The court may appoint a full or partial guardian. An incapacitated person is one whose ability to receive and evaluate information or to communicate decisions is impaired for reasons other than minority to the extent that the person lacks the ability to provide the essential requirements for physical health or safety without court-ordered assistance (AS 13.26.005(5)); the petitioner carries the burden by clear and convincing evidence (AS 13.26.251(b)). The test concerns physical health or safety, so a guardian does not manage money. In every adult case the court appoints a visitor, who arranges evaluations and files a written report, and an expert with expertise in the alleged incapacity (AS 13.26.226(c)). The visitor files the report, with proof of service on the respondent, the respondent's attorney and the petitioner, within 90 days after the petition is filed, and the hearing is within 120 days of filing unless postponed for cause. The respondent is entitled to an attorney and, if financially unable to employ one, the court appoints the Office of Public Advocacy. The respondent may present evidence, cross-examine, remain silent, choose an open or closed hearing, and be tried by jury on incapacity (AS 13.26.251(a)). The court may not assign a guardian a duty or power unless the need is proven and no less restrictive alternative or combination of alternatives is sufficient (AS 13.26.266(c)). Every third year the court appoints a visitor to review the guardianship.
Relevant Laws
Alaska Statutes 13.26.005 (Definitions: incapacitated person)
Defines an incapacitated person as one whose ability to receive and evaluate information or to communicate decisions is impaired for reasons other than minority to the extent that the person lacks the ability to provide the essential requirements for physical health or safety without court-ordered assistance.
Alaska Statutes 13.26.221 to 13.26.251 (Petition, visitor and expert, report, hearing)
Covers who may petition (AS 13.26.221), the court-appointed visitor and expert and the hearing within 120 days of filing unless postponed for cause (AS 13.26.226), the visitor's report within 90 days after filing (AS 13.26.236), and the hearing and the clear and convincing evidence burden (AS 13.26.251).
Alaska Statutes 13.26.226(b), 13.26.231 and 13.26.296 (Counsel, service and notice of hearing)
Covers the respondent's attorney (Office of Public Advocacy if financially unable to employ one, AS 13.26.226(b)), service on the respondent through the visitor with a written statement of rights (AS 13.26.231), and notice of the hearing to the spouse and parents found in Alaska, with other persons notified under AS 13.06.110 (AS 13.26.296).
Alaska Court System Guardianship Self-Help and Forms
Court self-help page on filing for guardianship, with Form PG-100 and the PG-500 packet. The Court Guardianship Helpline is 907-264-0520.
Regional Variances
Alaska adult guardianship requirements
Court
Alaska Superior Court; the court has jurisdiction over protective proceedings and guardianship proceedings (AS 13.26.010(a)).
Terms used
Guardian of an "incapacitated person" (the respondent or ward), full or partial, for the person; "conservator" for the estate under Article 4. The court-appointed fact-finder is a "visitor." The Office of Public Advocacy supplies the public guardian and appointed counsel.
Petition form
Form PG-100, Petition for Appointment of a Guardian for an Adult (12/23), with the PG-500 packet (PG-115 Notice of Guardianship Hearing and PG-117 Certificate of Service by Certified Mail) and PG-505 instructions. The court's requirements control, so check with the clerk.
Incapacity standard and proof
A person whose ability to receive and evaluate information or to communicate decisions is impaired for reasons other than minority to the extent that the person lacks the ability to provide the essential requirements for physical health or safety without court-ordered assistance (AS 13.26.005(5)). Burden: clear and convincing evidence upon the petitioner (AS 13.26.251(b)).
Medical or evaluator report
The court appoints a visitor, who arranges evaluations and files a written report, and an expert with expertise in the alleged incapacity (AS 13.26.226(c)). The visitor files the report, with proof of service on the respondent, the respondent's attorney and the petitioner, within 90 days after the petition is filed (AS 13.26.236(a)). The hearing is within 120 days of filing unless postponed for cause.
Notice and service
The visitor promptly serves the petition on the respondent under AS 13.06.110 and gives a written statement of rights before any substantive interview (AS 13.26.231). Notice of hearing to the spouse and to parents found in Alaska is by personal service, certified mail or a court-rule method (AS 13.26.296). AS 13.06.110: delivered personally or mailed at least 14 days before the hearing; the court may for good cause set a different method or time.
Right to counsel
The respondent is entitled to be represented by an attorney; if financially unable to employ one, the court appoints the Office of Public Advocacy (AS 13.26.226(b)). A guardian ad litem is appointed on request of the respondent or their attorney if the respondent cannot effectively receive and evaluate information (AS 13.26.041).
Less restrictive alternatives
The court may not assign a duty or power to a guardian unless the need is proven and no less restrictive alternative or combination of alternatives is sufficient (AS 13.26.266(c)). It may dismiss and order an alternative, and may appoint only a partial guardian unless the respondent is totally without capacity and alternatives plus partial guardianship are not adequate (AS 13.26.251(c)-(f)).
Temporary guardian
During a pending petition, if the respondent needs immediate services to protect against serious injury, illness or disease and cannot procure them, the petitioner may request a temporary guardian. Hearing within 72 hours after filing; clear and convincing evidence; least restrictive authority only. It expires on appointment of a full or partial guardian or dismissal of the petition (AS 13.26.301).
Bond and reports
Guardian: implementation report within 90 days after distribution of the appointment order (AS 13.26.271); report at least annually, and every third year a court-appointed visitor reviews the guardianship (AS 13.26.276(a)). Conservator: the court may require a bond, with no bond required of the public guardian (AS 13.26.470); implementation report and inventory within 90 days after distribution of the order (AS 13.26.505); report at least every year (AS 13.26.510).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney, a healthcare power of attorney or a supported decision-making agreement would meet the need. The court may not assign a guardian a duty or power unless the need is proven and no less restrictive alternative or combination of alternatives is sufficient.
Complete Form PG-100 and the PG-500 packet
Before filing days after startingPrepare Form PG-100, Petition for Appointment of a Guardian for an Adult, with the PG-115 notice and PG-117 certificate of service from the PG-500 packet. The petitioner carries the burden by clear and convincing evidence. A temporary guardianship request can be included. Ask the clerk what the court requires.
File in the Superior Court
At filing days after startingFile the petition in the Alaska Superior Court. The court appoints a visitor and an expert; the visitor's report is due within 90 days after the petition is filed, and the hearing is within 120 days of filing unless postponed for cause. Call the Court Guardianship Helpline at 907-264-0520 with questions.
Confirm notice and prepare for the hearing
Before the hearing (14 days for AS 13.06.110 notice) days after startingThe visitor serves the respondent under AS 13.06.110 and gives a written statement of rights. Notice of hearing to the spouse and to parents found in Alaska is by personal service, certified mail or a court-rule method (AS 13.26.296). Other persons get notice under AS 13.06.110, delivered personally or mailed at least 14 days before the hearing, unless the court sets a different method or time for good cause. The respondent is entitled to an attorney; if financially unable to employ one, the court appoints the Office of Public Advocacy.
Calendar the implementation report and annual reports
Within 90 days after distribution of the appointment order days after startingA guardian files an implementation report within 90 days after distribution of the appointment order, then reports at least annually; every third year a court-appointed visitor reviews the guardianship. A conservator, appointed in a separate Article 4 proceeding, files an implementation report and inventory within 90 days and reports at least every year.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney, a healthcare power of attorney or a supported decision-making agreement would meet the need. The court may not assign a guardian a duty or power unless the need is proven and no less restrictive alternative or combination of alternatives is sufficient. | durable-power-of-attorney | Before filing |
| Complete Form PG-100 and the PG-500 packet | Prepare Form PG-100, Petition for Appointment of a Guardian for an Adult, with the PG-115 notice and PG-117 certificate of service from the PG-500 packet. The petitioner carries the burden by clear and convincing evidence. A temporary guardianship request can be included. Ask the clerk what the court requires. | - | Before filing |
| File in the Superior Court | File the petition in the Alaska Superior Court. The court appoints a visitor and an expert; the visitor's report is due within 90 days after the petition is filed, and the hearing is within 120 days of filing unless postponed for cause. Call the Court Guardianship Helpline at 907-264-0520 with questions. | - | At filing |
| Confirm notice and prepare for the hearing | The visitor serves the respondent under AS 13.06.110 and gives a written statement of rights. Notice of hearing to the spouse and to parents found in Alaska is by personal service, certified mail or a court-rule method (AS 13.26.296). Other persons get notice under AS 13.06.110, delivered personally or mailed at least 14 days before the hearing, unless the court sets a different method or time for good cause. The respondent is entitled to an attorney; if financially unable to employ one, the court appoints the Office of Public Advocacy. | - | Before the hearing (14 days for AS 13.06.110 notice) |
| Calendar the implementation report and annual reports | A guardian files an implementation report within 90 days after distribution of the appointment order, then reports at least annually; every third year a court-appointed visitor reviews the guardianship. A conservator, appointed in a separate Article 4 proceeding, files an implementation report and inventory within 90 days and reports at least every year. | - | Within 90 days after distribution of the appointment order |
Frequently Asked Questions
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