ALASKA COURT RULES

Probate Procedure

Rule: 16

Jurisdiction: AK

Bluebook Citation: Alaska Prob. R. 16

guardian shall file an acceptance in the court in which the will is probated. The acceptance must state that both parents of the minor are dead or that the surviving parent has been adjudged incapacitated and that the guardian has read the duties and powers of a guardian of a minor as stated in AS 13.26.070. The appointment of the guardian is effective upon the filing of the acceptance. (c) Notice. Within ten days after filing the acceptance, the guardian must give written notice of the acceptance to the persons named in AS 13.26.035. If the minor is 14 years of age or older, the notice must advise the minor that the minor may object to the appointment by filing a written objection within 30 days after the date of service of the notice, and that the minor may request expedited consideration of the objection. Proof of service of the notice must be filed with the court. (d) Objection by Minor. If a minor 14 years of age or older objects to the appointment of the guardian named in the will within 30 days after notice of acceptance having been served upon the minor, the court shall schedule a hearing on the objection. If either the minor or the guardian request expedited consideration of the objection, the hearing shall be held within three business days after filing of the request. (e) Letters of Guardianship. Letters of guardianship shall issue upon the filing of the acceptance. (c) Nomination of Proposed Guardian. Any party or other person nominating a person or entity as a guardian must notify the proposed guardian of the nomination and of the date and time of the hearing on the petition, unless notice is waived by the court for good cause. (d) Letters of Guardianship. Letters of guardianship may not issue without the written acceptance of the person to be named guardian. The acceptance must state that the person understands the duties and powers of a guardianship under AS 13.26.316, with any restrictions imposed by the court, as well as the reporting requirements of AS 13.26.271 and AS 13.26.276. (e) Mandatory Education. A relative or friend of the ward who is appointed as a guardian must complete one hour of mandatory education on the basics of guardianship before the appointment or within 30 days after the appointment as provided by AS 13.26.311(c). as provided (f) Compensation. Except in AS 13.26.750(a), compensation may not be paid for guardianship services without written order of the court. As provided in AS 08.26.110, private professional guardians must obtain court approval of a proposed fee schedule, which must include an hourly fee and a monthly maximum amount that can be charged. (f) Reporting. A guardian appointed by will is not required to file an annual report unless ordered to do so by the court upon a showing of good cause. (g) Reporting. (1) By the Guardian. (SCO 1198 effective July 15, 1995; amended by SCO 1270 effective July 15, 1997) If the minor’s assets are above those * Committee Notes: necessary for maintenance of the minor, the testamentary guardian has a duty to open a conservatorship under AS 13.26.165–13.26.320. (c): In the case of an Indian child as defined in the Indian Child Welfare Act, some practitioners contend that the Indian Child Welfare Act applies. See 25 U.S.C. §§ 1901-1923, 1951.

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