Guardianship of a Minor

(a) Petition. A petition for guardianship of a minor must state the name, address and telephone number of the petitioner and any living parents of the minor, as well as the person having principal care and custody of the minor for the 60 days preceding the date of the petition. A petition involving a minor must also state the date of birth of the minor and state whether the minor is or is not an Indian child as defined by the Indian (d) Letters of Guardianship. Letters of guardianship of a minor may not issue without the written acceptance of the person to be named guardian. The acceptance must state that the person has read and understands the duties and powers of a guardian of a minor as stated by AS 13.26.167. (e) Reporting. A guardian of a minor ward shall file a brief annual report on the welfare of the minor and the condition of the minor’s estate. (f) Application of the Indian Child Welfare Act and Regulations. In all cases involving an Indian child, the statutory provisions of 25 U.S.C. 1901 et seq., and the ICWA regulations at 25 C.F.R. Part 23, published at 81 Fed Reg. 38778 (June 14, 2016) and effective December 12, 2016, shall apply. (g) Transition to Adult Guardianship. A petition for an adult guardianship under Rule 16 may be filed for a minor ward who will turn 18 years old within 120 days of the petition filing date, unless otherwise ordered by the court for good cause shown. (SCO 1014 effective January 15, 1990; amended by SCO 1063 effective July 15, 1991; by SCO 1198 effective July 15, 1995; by SCO 1897 effective December 12, 2016; and by SCO 1961 effective October 15, 2021) Note: Chapter 64 SLA 2005 (HB 53) enacted extensive changes to the child in need of aid and adoption statutes. According to section 60(a) of the Act, AS 13.26.064, enacted by section 2, amends Probate Rule 15 by providing that retained privileges be set out in the guardianship decree and by providing additional procedures related to a voluntary relinquishment of parental rights.