Guardianship of a Child or Adult in Alaska

The superior court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or a prior court order. Notice of the hearing goes to the minor (if 14 or older), the person who cared for the child during the previous 60 days, and each living parent. The court makes the appointment if a qualified person seeks it, the notices were given and the appointment serves the minor's welfare and best interests. A guardian named in a parent's will generally has priority.

Any person may petition the superior court for a finding of incapacity and appointment of a guardian. An incapacitated person is someone whose ability to receive and evaluate information or communicate decisions is impaired so that he or she cannot provide for essential physical health or safety needs without court-ordered help. The petitioner must prove incapacity by clear and convincing evidence. The court must then consider whether alternatives to guardianship are feasible and adequate; if so, it may dismiss the case and order another form of protection. If the person can handle some but not all functions, only a partial guardian may be appointed; a full guardian is allowed only if the person is totally without capacity and alternatives plus a partial guardianship would not be enough. A person under guardianship keeps all rights not expressly limited by the court.