Sec. 13.26.465. Who may be appointed conservator; priorities.

568 words·~3 min read·/ak/title-13/chapter-26/13-26-465·

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(a)The court may appoint a competent person, including a private professional conservator, private professional full guardian under AS 08.26.020 , or the public guardian, as the conservator of the estate of a protected person.

(b)The court may not appoint a person to be a conservator of a protected person if the person

(1)provides, or is likely to provide during the conservatorship, substantial services to the protected person in a professional or business capacity, other than in the capacity of conservator;

(2)is or is likely to become, during the conservatorship, a creditor of the protected person, other than in the capacity of conservator;

(3)is likely to have, during the conservatorship, interests that may conflict with those of the protected person; or

(4)is employed by a person who would be disqualified under

(1)—

(3)of this subsection.

(c)A person may be appointed as the conservator of a protected person even if

(b)of this section applies if the person is the spouse, adult child, parent, or sibling of the protected person and if the court determines that the potential conflict of interest is not substantial and that the appointment would clearly be in the best interests of the protected person.

(d)Subject to

(e)and

(f)of this section, qualified persons have priority for appointment in the following order:

(1)an individual or qualified conservator nominated by the protected person if the protected person is 14 or more years of age and had, in the opinion of the court, sufficient mental capacity to make an informed choice;

(2)the spouse of the protected person;

(3)an adult child or a parent of the protected person;

(4)a relative of the protected person with whom the protected person has resided for more than six months during the year before the filing of the petition;

(5)a relative or friend of the protected person who has demonstrated a sincere and longstanding interest in the welfare of the protected person;

(6)a private professional conservator;

(7)the public guardian.

(e)When more than one person has equal priority under

(d)of this section, the court shall select the person it considers to be the best qualified.

(f)When in the best interest of the protected person, a court may decline to appoint a person who has priority under

(d)of this section as conservator of the protected person and may appoint as conservator a person who has a lower priority than another person or who does not have a priority. If the court appoints a person with a lower priority under

(d)of this section than another person, the court shall make appropriate written findings related to why the best interests of the respondent require appointment of the person with a lower priority.

(g)In addition to any other requirement of this section, when appointing a relative or friend of the protected person as the conservator of the protected person, the court shall require that the proposed conservator complete one hour of mandatory education on the basics of conservatorship before the appointment or within 30 days after the appointment. If the person is appointed based on the person's agreement to complete the mandatory education and the person fails to complete the mandatory education within the 30 days, the court shall remove the conservator and appoint a successor.