Alaska Court System Self-Help

Guardianship is when a court appoints another person called a guardian to make decisions for someone who does not have the capacity to do so. Guardianship removes the rights of a person in the areas the order outlines. It should be the last resort when no other restrictive option exists, meaning other options have been tried and have failed or are unreasonable to try before making an appointment of guardianship. Alternatives to guardianship should be explored before petitioning for guardianship.

There are options that do not involve the court. For example, if the individual is able to participate in the decision-making process but needs more time to make a decision or guidance from a trusted source, family members, friends or professional providers such as care coordinators could be all the assistance that person needs. Before petitioning the court for guardianship, talk with the person’s doctor, psychologist or other professional about their ability to participate in the decision-making process by providing someone with access to sensitive information like medical or financial affairs by signing a release of information. If the person is able to consent to authorizing someone else to access information, an alternative to guardianship may be feasible.

It is important to research and decide on a tool that best fits the person’s needs at that time. There can be more than one tools that help. For example, a person could have a Supported Decision-Making Agreement for healthcare, but a Power of Attorney for financial needs. Also, a court order to conduct a single transaction may be all that is needed instead of a full guardianship.

Supported decision making is a tool that allows people with disabilities or older adults to retain their decision-making capacity by choosing supports to assist them when making choices. An SDMA is a written agreement that outlines the supports needing by the person needing assistance to make their own decisions. The SDMA states which specific trusted family members, friends, or providers will serve as supporters. The supporters agree to assist the person understand information, consider options or consequences and then communicate decisions when certain situations arise. This method provides the person the tools to make their own informed decisions.

The Disability Law Center of Alaska has several videos regarding SDMAs that may be helpful to learn more.

The Governor's Council on Disabilities and Special Education (GCDSE) developed a workbook to design an SDMA and a legal form to prepare and present to various providers.

To learn more about SDMAs you can review the Frequently Asked Questions from the National Resource Center for Supported Decision Making . You can also review the Alaska law regarding SDMA legislation AS 13.56.100-13.56.195 .

A power of attorney is a document signed by the person needing assistance stating which specific issues another person is able to act on their behalf. The person granting the power of attorney must have capacity to make that decision and there is no court oversight. Alaska has two forms for a power of attorney – (1) for health care decisions, and (2) a general power of attorney used more a variety of issues such as banking, dealing with real estate, paying taxes, making business transactions, or any other issue. Powers of attorney can be time-limited. The person who has granted the power of attorney may revoke it at any time. The court is not involved.

You can learn more about POAs and get the forms on the Alaska Legal Services website or the Alaska Court System FAQs.

The court can issue an order authorizing someone to conduct a single transaction to perform a specific financial or legal task for another person’s benefit, without first getting that person’s consent. You can request this court order on behalf of a person who does not have the ability to perform the transaction on their own because of mental illness or physical illness, disability, advanced age, chronic use of drugs, chronic intoxication, fraud, or confinement.

A single transaction is a less restrictive alternative to a guardianship because it is for a limited purpose and for a limited time period. Examples of situations might be;

• A person needs help getting into a living placement from the hospital. A single transaction could be used to sign the contract and make initial payment at an assisted living home.
• A person needs a large amount of money for an emergency or unexpected medical situation. A single transaction authorization could be used to access funds for this one-time circumstance.
• A person needs help setting up a regular source of income. A single transaction can be used to apply for government benefits, set up a regular transfer from a retirement account or create a trust.

PG-540 provides a set of instructions and the protocol for filing this court request. This along with the other forms associated can be found on the court webpage.

Yes, guardianship orders can be limited or partial for a specific unmet need or temporary while recovers from an acute illness or injury.