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Alaska Guardianship Planning
Support GuideAlaska21 min read

Alaska Guardianship Planning

How Alaska guardianship and conservatorship work: the $150 filing fee, who the court appoints first, and the alternatives a judge weighs.

By Settled Editorial

Alaska guardianship is a superior court case in which a judge gives one person authority to make decisions for an adult who can no longer make them safely. A guardian decides personal matters such as housing and care, and a conservator manages money and property. The filing fee is $150 under Alaska Administrative Rule 9(b)(2)(G), and the petitioner must prove incapacity by clear and convincing evidence.

This page takes every rule from the Alaska Court System, read on September 28, 2026: its guardian and conservator self-help pages, its guardianship forms and instruction packets, Administrative Rule 9 and the Probate Rules. The Alaska Statutes themselves were not available to us, because the Legislature's website refuses our access. So a statute is quoted here only where a Court System form prints its text, and each such citation names the form and its revision date. A section number without that note is the number the Court System's own form or page gives.

This is a planning map, not a filing kit; the guardianship court process page covers the filing steps. A guardianship moves decisions away from a person, so how any of it applies to a particular family is a question for a licensed Alaska attorney. When you are ready to plan, start with the other planning documents a signed plan can include.

Guardian, Conservator, Protected Person: The Alaska Vocabulary

The Court System's booklet for new guardians and conservators (form PG-510, revised 7/22) lays out the chapter. Adult guardianship is AS 13.26.201 to 13.26.316, conservatorship is AS 13.26.401 to 13.26.595, general provisions are AS 13.26.001 to 13.26.066, and the public guardian is AS 13.26.700 to 13.26.750. Minor guardianship sits at AS 13.26.101 to 13.26.186 (form PG-651).

The words you will see on every filing:

  • The respondent is the person the case is about, until the court rules.
  • An incapacitated person is someone whose ability to receive and evaluate information or to communicate decisions is so impaired that the person cannot provide for their own physical health or safety without court-ordered help. The adult petition (form PG-100) quotes this definition from AS 13.26.005(5).
  • A full guardian has the powers and duties of a parent for an unemancipated minor child, without the duty to pay for the person's care from the guardian's own money (AS 13.26.316, as reproduced in form PG-510 (7/22)).
  • A partial guardian holds only the powers the order lists, such as housing, medical care, employment or schooling.
  • A conservator handles money and property only, and makes no decisions about housing, care, health or legal rights.
  • A protected person is someone for whom a guardian or conservator has been appointed. PG-510 notes that "ward" is the older word for the same person.

One point surprises families. Unless the court appoints a separate conservator, a full guardian also exercises a conservator's powers over the person's money (AS 13.26.316, as reproduced in PG-510).

Which Court Hears the Case, and Where to File

Alaska has no separate probate court. The Alaska Superior Court hears every guardianship, conservatorship and other protective proceeding. Probate Rule 14(g)(1) places the case in the superior court in the venue district where the respondent resides or is present, and the adult petition (form PG-100, section A.8) asks for the judicial district. The Alaska probate courts by judicial district page lists each Superior Court location.

Three more filing rules shape a case before it starts:

  • Home state. For an adult, Alaska must generally be the respondent's home state, meaning the respondent was physically present in Alaska for the six consecutive months before the petition, apart from temporary absences. Form PG-100 cites AS 13.27.180 for this.
  • Paper, not TrueFiling. The Court System's eFiling page lists "Guardianship and Conservatorship" among the probate case types that cannot be submitted through TrueFiling, and says probate "is planned to transition by the end of 2026." The Court System's Guardianship filing page says the court receives petitions in person during business hours, by mail and by email, and the petition must be notarized first.
  • Confidential records. Probate Rule 14(d) makes the records of these cases confidential, except the filing date, the names of the petitioner and respondent, the case number, the docket and the final order.

Probate Rule 14(e) lets a guardianship and a conservatorship for the same person be combined, and the petitioner must meet the burden of proof for each.

What an Alaska Judge Must Find

The adult guardianship instructions (form PG-505, revised 3/25) put the burden on the petitioner: "you must prove by clear and convincing evidence" that the respondent is incapacitated, and that no adequate alternative to guardianship exists. The petition itself asks what less restrictive options were tried and why they did not work.

Two limits follow from the statute text the Court System reproduces:

  1. Only the powers the person needs. AS 13.26.316(b), as reproduced in PG-510 (7/22), directs a partial guardianship when that is enough. AS 13.26.266(c), reproduced on the same form, says the guardianship plan may not restrict the person's liberty more than reasonably necessary, and the court may not give the guardian any power unless the need for it has been proven and no less restrictive alternative, or combination of alternatives, meets it.
  2. Rights the order does not remove. Under AS 13.26.316 as PG-510 prints it, a guardian may not prohibit the person from registering to vote or voting, from applying for and obtaining a driver's license, or from marrying or divorcing. A guardian also may not place the person in a facility for the mentally ill except through a formal commitment case under AS 47.30, and may not consent to abortion, sterilization, psychosurgery or organ removal unless needed to preserve life or prevent serious impairment of health.

The respondent has real rights at the hearing. PG-505 lists them: to attend, present evidence, cross-examine witnesses, remain silent, choose an open or closed hearing, and ask for a jury to decide whether the respondent is incapacitated.

Who the Court Appoints First

A signed choice made while you still have capacity carries weight in Alaska, because the priority list starts with it. Form PG-505 sets out the order for guardian under AS 13.26.311:

  1. The person the respondent chose
  2. The respondent's spouse
  3. The respondent's adult child or parent
  4. A relative the respondent lived with for more than six months during the year before the petition was filed
  5. A relative or friend who has shown a sincere, longstanding interest in the respondent's welfare
  6. A private professional guardian
  7. The public guardian, at the Office of Public Advocacy

The conservator petition (form PG-104, revised 12/23) runs a parallel list under AS 13.26.465, with a private professional conservator at level six. The petition must name everyone with equal or higher priority than the person the petitioner nominates, even someone thought to be unwilling. The court decides whether a higher-priority person is qualified, and chooses the best-qualified among equals.

The Court System's Adult Guardianship background page adds who may not serve: a person who provides more than minor professional or business services to the incapacitated person, a creditor, someone with conflicting interests, or an employee of any of those. The court may still allow a spouse, adult child, parent, brother or sister when the conflict is minor and the appointment is clearly in the person's best interests.

The public guardian. The same page says that when no family member or friend can serve and the person cannot pay a private professional guardian, "the court can appoint the Public Guardian at the Office of Public Advocacy who charges fees based on a sliding scale." PG-510 defines the public guardian as a state employee who can be appointed as guardian or conservator when no private person or agency is available. A private professional guardian must be licensed and, under Probate Rule 16(f), needs court approval of a fee schedule with an hourly fee and a monthly maximum.

Planning for Your Children

A guardian named in your will. A parent may name a guardian for a minor child in a will. The Court System's instructions (form PG-651, revised 11/23) say the appointment takes effect when the named guardian files an acceptance (form PG-652) in the court where the will is probated, and there is no filing fee. If the other parent is still living, the appointment does not take effect without a court order finding that parent incapacitated or ending that parent's rights. A child 14 or older may object in writing within 30 days after notice of the acceptance, which leads to a hearing (Probate Rule 15.1(d)). If both parents die and their wills name different guardians, PG-651 says the will of the parent who died later controls.

A court-appointed guardian. Without a will appointment, the court may appoint a guardian for an unmarried minor when all parental rights of custody have been terminated or suspended by circumstances or a prior order (form PG-605, revised 10/24, citing AS 13.26.132). An adult family member has priority, and the court must appoint the person a child 14 or older nominates unless that is contrary to the child's best interests. The hearing usually takes place 30 to 90 days after filing, and a temporary guardian may serve no more than six months. The guardianship ends when the child turns 18, is adopted or marries. If the child is an Indian child under the federal Indian Child Welfare Act, which includes Alaska Native village membership, a separate packet (PG-601) applies.

A child who will need help as an adult. PG-605 tells a parent whose child will turn 18 within 180 days, and will still need a guardian, to file the adult petition (PG-100) instead. Probate Rule 16(a) states the same window as 120 days. The two Court System sources state different windows, so the clerk of the court handling the case is the place to confirm which figure it applies.

A short absence. The Court System's Minor Guardianship page says a parent can delegate any powers over a child's care, custody or property, except consent to marriage or adoption, for up to one year without going to court. That delegation binds only the signing parent and is not a guardianship.

The Alternatives a Judge Looks For First

Because the petitioner must show that no adequate alternative exists, the documents and arrangements below are the planning answer to guardianship. The Court System's Alternatives to Guardianship for Adults page opens with the point directly: alternatives "should be explored before petitioning for guardianship."

  • A power of attorney. A person with capacity can name an agent for banking, real estate, taxes or business, with no court involvement, and can revoke it at any time. Alaska has separate forms for financial matters and for health care. The signing rules are in a power of attorney instead of a court case.
  • A health care agent or surrogate. An advance health care directive names someone to make medical decisions. Where no guardian and no health care agent is available and the physician in charge of the person's care finds that an adult lacks capacity, form PG-525 (12/23) says "a 'surrogate' can make health care decisions, as described in AS 13.52.030." The directive itself is covered in a health care agent instead.
  • A supported decision-making agreement. The person picks trusted family, friends or providers to help them understand information and communicate their own choices, and keeps the right to decide. The Court System links this to AS 13.56.
  • A single transaction order. The court authorizes one specific task, such as signing an assisted living contract or selling an asset, without appointing an ongoing conservator (form PG-535, citing AS 13.26.440; petition on PG-106).
  • A financial order of protection. Form PG-850 (2/17) describes an order against financial abuse that can cancel a power of attorney held by the abuser, limit the abuser's handling of the person's money, or freeze account access. It runs as a 20-day ex parte order, or a 20-day order plus a long-term order of up to six months, and "there is no charge for filing this petition."
  • A Social Security representative payee. The Social Security Administration, not the court, appoints a payee. The Court System's conservatorship alternatives page notes that a guardian, conservator or agent cannot manage those benefits without also becoming the payee.
  • A delegation for an incapacitated adult. AS 13.26.051, as quoted in form PG-700 (10/18), lets a parent or guardian of an incapacitated adult delegate powers over that adult's care, custody or property for no more than one year.

Emergency and Temporary Appointments

Personal safety. While a regular petition is pending, AS 13.26.301, as reproduced in form PG-525 (12/23), lets the court appoint a temporary guardian when the respondent needs immediate services to protect against serious injury, illness or disease and cannot arrange them. The court holds a hearing within 72 hours after filing, the petitioner must prove the need by clear and convincing evidence, and the temporary guardian receives only the least restrictive authority needed. The appointment lasts until a full or partial guardian is appointed or the petition is dismissed. PG-525 says financial emergencies do not qualify, and the emergency petition carries no fee beyond the regular one.

Money. AS 13.26.445, as reproduced in form PG-535 (12/23), allows a temporary conservator when the respondent's money or property is in danger of being wasted, or funds are needed immediately for the respondent's or dependents' support. The court appoints a lawyer for an unrepresented respondent and holds a hearing within 72 hours.

Life-saving care with no case open. AS 13.26.301(f), printed in PG-525, lets the court authorize emergency life-saving services for a person who appears incapacitated when waiting for a hearing would be life-threatening. Probate Rule 18 lets the court give that authorization by telephone or in writing.

What It Costs

ItemAmountSource
Guardianship, conservatorship or other protective proceeding$150, including all servicesAdmin. Rule 9(b)(2)(G)
Several children filed at the same timeOne $150 feeAdmin. Rule 9(b)(2)(G)(i)
Financial abuse protective order$0Admin. Rule 9(b)(2)(G)(ii); PG-850
Accepting a guardian appointment made in a will$0Admin. Rule 9(b)(2)(G)(iii)
Register a guardianship or conservatorship order from another state$50Court System fee table (5/1/2023)
Transfer a guardianship or conservatorship into Alaska$150Guardianship filing page; form PG-751

A petitioner who cannot pay may ask for a waiver on form TF-920. PG-505's "Costs in Guardianship Proceedings" table sets out who pays the rest: the respondent pays for the respondent's own lawyer if able, and otherwise the court appoints the Office of Public Advocacy at state expense. The court pays the court visitor and the newly incurred costs of its expert. If the court finds a petition malicious, frivolous or without just cause, it can order the petitioner to pay those costs (PG-505, citing AS 13.26.041).

A guardian or conservator is paid from the protected person's money only with a written court order (Probate Rule 16(f)). The Court System's court process page adds that the court may require a guardian to post a bond, especially when there are large assets to protect, and may also order a budget or spending limits.

How Long It Takes, and What Follows Appointment

StepDeadlineSource
Emergency hearing (temporary guardian or conservator)Within 72 hours after filingAS 13.26.301(a), .445(a), as reproduced in PG-525 and PG-535
Notice of the hearing to relativesAt least 14 days before the hearingPG-505
Court visitor's reportWithin 90 days after filing, and 10 days before the hearingProbate Rule 16(g)(2)
Adult guardianship hearingWithin 120 days after filing unless postponed; often 60 to 90 daysPG-505; Guardianship court process page
Mandatory guardian education (one hour)Before appointment or within 30 days afterProbate Rule 16(e)
Guardianship planWithin 30 days after the order is distributedProbate Rule 16(g)(1)(A)
Report on carrying out the plan, with inventoryWithin 90 days after the order is distributedProbate Rule 16(g)(1)(A)
Annual reportWithin 30 days after each anniversary of the orderProbate Rule 16(g)(1)(B)
Court visitor reviewEvery third year, paid by the statePG-510
Final reportWithin 90 days after the guardianship ends, including at the person's deathProbate Rule 16(g)(1)(C)

Before the hearing, the court appoints a lawyer for the respondent, a neutral court visitor and an expert such as a doctor or psychologist. The visitor explains the petition and the respondent's rights, interviews the respondent at home where possible, and reports on the alternatives considered. Letters of guardianship do not issue until the guardian files a written acceptance (Probate Rule 16(d)). The Court System runs a Guardianship Helpline at 907-264-0520 (Conservatorship background page) and offers free mediation in adult guardianship and conservatorship cases where available, requested on form MED-100.

Moving a case between states. The Court System's filing page says Alaska accepts a transfer from any state that has adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, and names Florida, Michigan and Texas as the states that have not. The guardian gets a provisional transfer order from the original court, then files form PG-751 in Alaska.

Where This Fits in an Alaska Plan

Guardianship is what a court does when no signed document covers the need. The documents that can keep a family out of that courtroom are a financial power of attorney, a health care directive, and a will that names a guardian for minor children. The full set is laid out in Alaska estate planning, and the will signing rules are in Alaska will requirements. When a protected person dies, the guardian's authority ends with a final report, and the estate becomes a separate case described in the Alaska probate guide. Whether a petition is warranted for a particular person is a question for a licensed Alaska attorney rather than for this page.

Frequently Asked Questions

What is the difference between a guardian and a conservator in Alaska?

A guardian makes personal decisions for an adult the court finds incapacitated, such as where the person lives and what care and services the person receives. A conservator manages only money and property: collecting income, paying bills, protecting assets and handling taxes. The Alaska Court System's forms treat them as separate petitions (PG-100 for a guardian, PG-104 for a conservator), and Probate Rule 14(e) lets the two proceedings be combined. A full guardian also holds a conservator's powers unless the court appoints a separate conservator (AS 13.26.316, as reproduced in form PG-510).

How much does it cost to file for guardianship in Alaska?

The filing fee is $150 under Alaska Administrative Rule 9(b)(2)(G), and it covers any guardianship, conservatorship or other protective proceeding, including all services. One fee covers petitions for several children filed at the same time, and accepting a guardian appointment made in a parent's will costs nothing. A petitioner who cannot pay may ask for a fee waiver on form TF-920. The court pays the court visitor, and the Office of Public Advocacy represents a respondent who cannot afford a lawyer.

Who does an Alaska court appoint as guardian first?

The Court System's adult guardianship instructions (form PG-505) list seven priority levels under AS 13.26.311: the person the respondent chose, the spouse, an adult child or parent, a relative the respondent lived with for more than six months during the year before the petition, a relative or friend with a sincere and longstanding interest, a private professional guardian, and the public guardian at the Office of Public Advocacy. Conservators follow a parallel list under AS 13.26.465 (form PG-104).

Is there an emergency guardianship in Alaska?

Yes. While a regular petition is pending, the court may appoint a temporary guardian when the respondent needs immediate services to protect against serious injury, illness or disease and cannot arrange them. AS 13.26.301, as reproduced in form PG-525 (12/23), requires a hearing within 72 hours after filing and proof by clear and convincing evidence. Financial emergencies go to a temporary conservator under AS 13.26.445 (form PG-535).

How long does an adult guardianship take in Alaska?

Form PG-505 (3/25) says the hearing must happen within 120 days after the petition is filed unless the court postpones it for cause, and the Court System's self-help page says it may be as quick as 60 to 90 days. The court visitor's report is due within 90 days after filing and at least 10 days before the hearing under Probate Rule 16(g)(2).

Can I name my own guardian in Alaska before I need one?

Yes, in the sense that your own choice ranks first. The adult guardianship petition (form PG-100) must list anyone you nominated, and the priority list in AS 13.26.311 puts the person you chose ahead of a spouse, adult children and parents. The conservator list in AS 13.26.465 does the same. A parent may also name a guardian for a minor child in a will, which takes effect when the named guardian files an acceptance (form PG-651).

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Information current as of September 28, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Alaska can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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