Sec. 13.26.266. Guardianship order.

417 words·~2 min read·/ak/title-13/chapter-26/13-26-266

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If the court or jury determines that a person is incapacitated and the services of a guardian are necessary, the court shall enter an order that

(1)names the guardian and establishes a guardian-ward relationship;

(2)includes findings of fact that support each grant of authority to the guardian;

(3)adopts a guardianship plan.

(b)The guardianship plan shall specify the authority that the guardian has with regard to

(1)medical care for the ward's physical condition;

(2)mental health treatment that the guardian considers to be in the ward's best interests;

(3)housing for the ward with consideration of the following:

(A)the wishes of the ward;

(B)the preferability of allowing the ward to retain local community ties; and

(C)the requirement for services to be provided in the least restrictive setting;

(4)personal care, educational and vocational services necessary for the physical and mental welfare of the ward and to return the ward to full capacity;

(5)application for health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward;

(6)physical and mental examinations necessary to determine the ward's medical and mental health treatment needs; and

(7)control of the estate and income of the ward to pay for the cost of services that the guardian is authorized to obtain on behalf of the ward.

(c)The guardianship plan may not be more restrictive of the liberty of the ward than is reasonably necessary to protect the ward from serious physical injury, illness or disease and to provide the ward with medical care and mental health treatment for physical and mental health. The guardianship plan shall be designed to encourage a ward to participate in all decisions that affect the ward and to act on the ward's own behalf to the maximum extent possible. The court may not assign a duty or power to a guardian unless the need for it has been proven to the satisfaction of the court and no less restrictive alternative or combination of alternatives is sufficient to satisfy the need.

(d)The duration of the term of guardianship shall be determined by the court order. Upon receipt of a report or other information that requires further consideration, the court may order a review hearing if it determines that the hearing is in the best interests of the ward.