Order Appointing Conservator {PG-415} | Pdf Fpdf Docx | Alaska

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Order Appointing Conservator {PG-415} | Pdf Fpdf Docx | Alaska

Last updated: 10/12/2022

Order Appointing Conservator {PG-415}

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Page 1 of 6 PG-415 (5/19)(cs) AS 13.26.010, .401, .430, .435, & 540-.550 ORDER APPOINTING CONSERVATOR Probate Rule 17 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT In the Matter of the Protective Proceeding of ) ) ) ) , ) Respondent (person who needs a conservator) ) CASE NO. ) ) ORDER APPOINTING CONSERVATOR A hearing in this matter was held on before Judge/Master Present were: Respondent Respondent was not present for the reason stated on the record. Visitor Petitioner Guardian Ad Litem Others: The court reviewed the petition, any objections from the parties. FINDINGS The court finds that: 1. Notice of the Hearing. a. The court gave notice of the hearing to the petitioner. b. The petitioner served notice of the hearing on the persons listed in AS 13.26.). 2. Subject Matter Jurisdiction. The court has jurisdiction under AS 13.27.110 because Alaska is the 13.27.180. AS 13.27.110 because the requirements of the following statute have been met: AS 13.27.110(2) AS 13.27.110(3) AS 13.27.110(4) AS 13.27.120(a)(2) because the real or tangible personal property that will be . 3. Venue. Alaska is the proper location for the conservatorship because the respondent lives here does not live in Alaska, but has property here. AS 13.26.411 4. Need for Management by a Conservator. A basis for appointing a conservator exists because it has been established that the respondent is (1) unable to manage his or her money or property effectively, and (2) has property that will be wasted or used up unless someone manages it. [AS 13.26.430(c), AS 13.26.401(2)] American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 6 PG-415 (5/19)(cs) AS 13.26.010, .401, .430, .435, & 540-.550 ORDER APPOINTING CONSERVATOR Probate Rule 17 5. Alternatives Not Adequate. As required by AS 13.26.430(d), the court investigated the alternatives to appointing a conservator and concludes that a conservator should be appointed because the alternatives under AS 13.26.440 are not adequate to protect the 6. Priority. is competent to act as the conservator, and has priority for appointment under AS 13.26.465. is best qualified among those having equal priority for appointment. does not have priority for appointment, but this appointment is in the best interest because for the reasons stated in the attached written findings. AS 13.26.465(f) 7. Consideration of the Pursuant to the AS 13.26.430(d) requirement that the court, to the maximum extent possible, consult with the respondent in determining whether a conservator should be appointed, the court has consulted with the respondent. has not consulted with the respondent for the reasons stated on the record in the attached findings. 8. License. The conservator has the required professional license under AS 08.26. is the Public Guardian. is exempt from the license requirement under AS 08.26.180 because the individual is employed by a regulated financial institution and will provide these conservator services in the course of this employment. is not engaged in the business of providing conservator services and, therefore, is not required to be licensed; and has has not satisfied the one-hour mandatory education requirement on the basics of conservatorship. (AS 13.26.465(g)) ORDER IT IS ORDERED: 1. is appointed to be the Personal Contact. The respondent appeared for court either in person or by video connection. The respondent did not appear in court but the court visitor had personal or video contact with the respondent. The court visitor shall have personal or video contact with the respondent within the next one year and shall file notice with the court that the contact occurred. The court finds good cause to waive the requirement for personal contact. American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 6 PG-415 (5/19)(cs) AS 13.26.010, .401, .430, .435, & 540-.550 ORDER APPOINTING CONSERVATOR Probate Rule 17 2. Powers and Duties. The conservator will have the following powers: all the powers and duties set forth in AS 13.26.500 - .575, except the following: The conservator cannot sell, transfer, destroy or otherwise dispose of without prior written permission from the court. only the following powers: Large Expenditures. The conservator may manage the respondent's estate to benefit the respondent without obtaining court approval for large expenditures. However, the conservator must report annually on all expenses paid for the respondentinterest. Other than payments for the respondent's medical and mental health treatment needs, the conservator may not make use of the respondent's funds for any non-budgeted expense exceeding $ without first obtaining the permission of the court. In exercising these powers, the conservator must act as a fiduciary and must observe the standards of care applicable to trustees under AS 13.36.225 - 13.36.290. AS 13.26.500. 3. Mandatory Education (Non-Professional Conservators). If the conservator is not engaged in the business of providing conservator services, the conservator must complete one hour of mandatory education on the basics of conservatorship and file proof of completion with the court within 30 days after this appointment order is distributed. (Use the PG-120 Affirmation form.) AS 13.26.465(g). (Some ways to satisfy this requirement are explained at: http://www.courts.alaska.gov/shc/guardian-conservator/conservator- process.htm#training .) 4. Bond. AS 13.26.470 - .475. The conservator must post a bond in the amount of $ by is not required to post a bond for the reasons stated on the record in the attached findings. 5. Reporting Requirements. The conservator must file the following reports with the court: a. A Conservator Implementation Report and Inventory of the Estate (on form PG- 220 ) must be filed with the court within 90 days after distribution of this order. [AS 13.26.505; Probate Rule 17(e)] Specific Due Date: American LegalNet, Inc. www.FormsWorkFlow.com Page 4 of 6 PG-415 (5/19)(cs) AS 13.26.010, .401, .430, .435, & 540-.550 ORDER APPOINTING CONSERVATOR Probate Rule 17 b. Conservator Annual Reports (on form PG-225 ) must be filed each year until the conservatorship is terminated. Unless specific dates are set below, the report must cover the 12-month period beginning the 1st of the month in which this appointment order is signed and ending 12 months later. The report is due 30 days after the end of the reporting period. [For example, if the order is signed anytime in January, the reporting period will be January 1 to December 31; and a report will be due each January 31.] [Probate Rule 17(e) and AS 13.26.510] Specific Dates. Reporting Period: From To each year. Report is due 30 days after end of reporting period: c. Budget. The conservator shall create a budget for the respondent. The budget shall be filed with the court no later than the following date the time of the filing of the Conservator Implementation Report and Inventory of the Estate. The court finds good cause to allow the conservator to serve without creating a budget. d. A Final Conservatorship Report (on form PG-230 ) must be filed when the conservatorship ends, when the conservator is replaced, or when the respondent dies. [Probate Rule 17(f) and AS 13.26.510] 6. If the conservator or the respondent changes his/her address, the conservator must immediately provide written notice to the court and all parties. Include PG-195 ) and court addresses on the court system website: www.courts.alaska.gov . 7. Term of Conservatorship. Unless previously terminated by the court, the conservatorship will end upon the death of the respondent or . Once the conservator knows that the respondent has died, the conservator may not exercise authority over the respondentburial expenses and to preserve, account for, and transfer control of assets to a court appointed personal representative, a temporary property custodian appointed by the court, or a person authorized to take custody of personal property by affidavit under AS 13.16.680. Also, if the conservator has possession of the will of the deceased respondent, the conservator must deliver the will to the court for safekeeping and inform the personal representative or a beneficiary named in

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