Alaska Guardianship and Conservatorship
When an adult can no longer manage their own care or finances, a Alaska court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.
Based on Alaska Statutes Title 13, Chapter 26 (AS 13.26.001-13.26.750), as organized in the Alaska Court System's guardianship forms
What guardianship and conservatorship mean here
Guardianship in Alaska is a superior court case. A guardian makes personal decisions, such as where a person lives and what care and services they receive, for an adult the court finds incapacitated, and a conservator manages only money and property. The Alaska Court System calls guardianship a last resort: the petitioner must prove by clear and convincing evidence that the person is incapacitated and that no adequate alternative exists, and the court must give the guardian only the authority the person actually needs. A person under guardianship keeps every right the order does not take away, including the right to vote, to marry or divorce, and to apply for a driver's license. A guardian of a minor is a separate proceeding, and a parent may name one in a will.
Alaska uses guardian for decisions about the person and conservator for decisions about money and property. A guardian can be full or partial, and a full guardian also holds a conservator's powers unless the court appoints a separate conservator. A temporary guardian or temporary conservator covers an emergency while the regular petition is pending. The person the case is about is the respondent until appointment and the protected person afterward; the Alaska Statutes still use the older word ward.
Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.
Types of guardianship and conservatorship
Full guardian of an incapacitated person
A full guardian has the powers and duties a parent has for an unemancipated minor child, but is not responsible for paying for the person's care and is not liable to others solely because of the guardianship. The guardian decides where the person lives, in the least restrictive setting consistent with health and safety, arranges care and services, protects the person's rights, and also holds a conservator's powers unless a separate conservator is appointed. An incapacitated person is one whose ability to receive and evaluate information or communicate decisions is so impaired that the person cannot provide for their own physical health or safety without court-ordered help.
AS 13.26.316(c)
Conservator of an adult's estate
A conservator manages only money and property: collecting income, paying bills and debts, protecting assets, applying for benefits, and handling taxes and insurance. A conservator makes no decisions about housing, care, health or legal rights. The court may appoint one for a person who cannot manage property and affairs because of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, detention by a foreign power, or disappearance, when property will be wasted or funds are needed for the person's support, and less restrictive arrangements will not protect the money and property.
AS 13.26.401(2)(A)
Partial (limited) guardian
A partial guardian has only the powers and duties the court order lists, such as housing, medical care, employment or schooling. The court must order the least restrictive option and may not give a guardian any power unless the need for it has been proven and no less restrictive alternative, or combination of alternatives, is enough. The same petition (PG-100) is used, checking only the areas where the person needs help.
AS 13.26.316(b)
More guardianship types4 additional arrangements courts use in specific situations, with statute cites
Temporary guardian (emergency)
While a regular guardianship petition is pending, the petitioner may ask for a temporary guardian if 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 for those emergency services. Financial emergencies do not qualify.
AS 13.26.301
Temporary conservator (emergency)
While a regular conservatorship petition is pending, the court may appoint a temporary conservator when the respondent's funds or property are in danger of being wasted or funds are needed immediately for the support of the respondent or dependents, and the respondent cannot protect or obtain them. The court appoints an attorney for an unrepresented respondent and holds a hearing within 72 hours after filing. The appointment ends when a full or partial conservator is appointed or the petition is dismissed.
AS 13.26.445
Guardian of a minor
The court may appoint a guardian for an unmarried minor when all parental rights of custody have been terminated, or suspended by circumstances or by a prior court order. Any adult whose appointment is in the minor's best interests may serve, with priority to an adult family member (a grandparent, aunt, uncle or sibling, or a sibling's legal guardian or parent), and a minor 14 or older may nominate the guardian, whom the court must appoint unless that is contrary to the minor's best interests. The guardianship ends when the minor turns 18, is adopted or marries. The Court System's forms cover cases where both parents consent; for a case the parents oppose it has no forms and suggests talking to a lawyer.
AS 13.26.132; AS 13.26.143; AS 13.26.171
Guardian of a minor named in a parent's will (testamentary)
A parent may name a guardian for a minor child in a will. The appointment takes effect when the named guardian files an acceptance in the superior court location where the will is being probated; there is no filing fee. If one parent is still living, the appointment is not effective unless a court order finds that parent incapacitated or has terminated that parent's rights. A minor 14 or older may object within 30 days after notice of the acceptance, which leads to a hearing.
AS 13.26.101-.186
The Alaska guardianship court process
1Try less restrictive options firstBefore filing, consider whether a supported decision-making agreement, a power of attorney, a single transaction order or another option would protect the person.
2File the petition in the right judicial districtFile a notarized Petition for Appointment of a Guardian for an Adult (form PG-100), or a conservator petition (PG-104), at the superior court location in the judicial district where the respondent lives or is currently located.
3The court appoints a lawyer, a court visitor and an expertThe clerk sends an order scheduling the hearing and appointing a lawyer for the respondent (the Office of Public Advocacy if the respondent cannot afford one), a neutral court visitor, and an expert such as a doctor or psychologist.
4Notify relatives and interested personsAt least 14 days before the hearing, the petitioner sends the Notice of Guardianship Hearing (form PG-115) to the listed relatives, the nominated guardian, the person caring for the respondent, the respondent's lawyer and other interested persons, then files proof of service.
5The visitor investigates and reportsThe visitor explains the petition and the respondent's rights, interviews the respondent at home where possible, interviews the petitioner and the proposed guardian, and files a report with the expert's findings within 90 days after the petition is filed and no later than 10 days before the hearing.
6The hearing, on clear and convincing evidenceThe hearing must be held within 120 days after filing unless postponed for cause.
7Accept the appointment and complete the trainingLetters of guardianship do not issue until the guardian files a written acceptance (form PG-430).
8File the plan and the reportsThe guardian files a guardianship plan within 30 days after the appointment order is distributed, an implementation report and inventory within 90 days, an annual report each year within 30 days after the anniversary of the order, and a final report within 90 days after the guardianship ends.
How long it takes
An adult guardianship hearing must be held within 120 days after the petition is filed unless the court postpones it for cause, and the Alaska Court System says it can be as quick as 60 to 90 days. A court visitor's report is due within 90 days after filing. An emergency request for a temporary guardian or temporary conservator is heard within 72 hours. A minor guardianship hearing usually takes place 30 to 90 days after filing.
- Emergency hearing
- Within 72 hours after an emergency petition for a temporary guardian or temporary conservator is filed (AS 13.26.301(a); AS 13.26.445(a))
- Notice of the hearing
- At least 14 days before the hearing (form PG-505)
- Court visitor report
- Within 90 days after the petition is filed, and no later than 10 days before the hearing, unless the court orders otherwise (Alaska Prob. R. 16(g)(2))
- Response to the visitor report
- 10 days after receiving it (form PG-505)
- Adult guardianship hearing
- Within 120 days after filing unless postponed for cause; often 60 to 90 days (form PG-505; Alaska Court System self-help)
- Minor guardianship hearing
- Usually 30 to 90 days after filing (form PG-605)
- Temporary guardian of a minor
- No more than six months (AS 13.26.147(c), as cited in form PG-605)
- Guardian education
- One hour, before appointment or within 30 days after it (Alaska Prob. R. 16(e))
- Guardianship plan
- Within 30 days after the appointment order is distributed (Alaska Prob. R. 16(g)(1)(A))
- Implementation report and inventory
- Within 90 days after the appointment order is distributed (Alaska Prob. R. 16(g)(1)(A))
- Annual report
- Within 30 days after the anniversary of the guardianship order, unless the court sets other dates (Alaska Prob. R. 16(g)(1)(B))
- Court visitor review
- Every third year after appointment, paid by the state (form PG-510)
- Final report
- Within 90 days after a successor is appointed or the guardianship ends for any reason, including the protected person's death (Alaska Prob. R. 16(g)(1)(C))
- Objection to a testamentary guardian
- Within 30 days after a minor 14 or older receives notice of the acceptance (Alaska Prob. R. 15.1(d))
Alternatives to consider before guardianship
Supported decision-making agreement
A written agreement in which the person chooses trusted family members, friends or providers to help them understand information, weigh options and communicate their own decisions. The person keeps the right to decide. The Governor's Council on Disabilities and Special Education publishes a workbook and a form.
AS 13.56
Power of attorney
A document the person signs, while they still have capacity, naming an agent to act on specific matters such as banking, real estate, taxes or business. Alaska has separate forms for financial matters and for health care decisions. There is no court involvement, and the person can revoke it at any time.
Health care surrogate
If no guardian and no health care agent has been appointed or is available, and the primary physician determines that an adult patient lacks capacity, a surrogate can make health care decisions without a court case.
AS 13.52.030
Single transaction order
A court order that lets one person carry out a specific financial or legal task for someone who cannot do it, such as signing an assisted living contract, selling an asset or setting up benefits, without appointing a conservator for ongoing management.
AS 13.26.440
Financial order of protection
A court order against financial abuse that can revoke a power of attorney held by the abuser, limit the abuser's handling of the vulnerable person's money, or freeze account access. It is available as a 20-day ex parte order, or a 20-day order plus a long-term order of up to 6 months, and there is no filing fee.
AS 13.26.450-.455
Social Security representative payee
A person or organization appointed by the Social Security Administration, not the court, to receive and manage Social Security or SSI benefits. A guardian, conservator or agent under a power of attorney cannot manage these benefits without also becoming the payee.
Delegation of powers by a parent or guardian of an incapacitated adult
A parent or guardian of an incapacitated adult may delegate powers over that adult's care, custody or property to another person by a power of attorney lasting no more than one year (form PG-700).
AS 13.26.051
Delegation of parental powers for a minor
A parent may delegate any powers over a minor child's care, custody or property, except consent to marriage or adoption, for up to one year without going to court. It binds only the signing parent's rights and can be revoked at any time. It is not a guardianship.
Partial guardianship or limited conservatorship
When some decisions still need a court order, the court can appoint a partial guardian or a limited or temporary conservator covering only the specific unmet need, leaving the person every other right.
AS 13.26.316(b)
Planning ahead: naming a guardian in advance
Naming a guardian in advance: A parent may name a guardian for a minor child in a will. The appointment becomes effective when the named guardian files a written acceptance in the court where the will is probated, and letters of guardianship then issue without a separate petition or filing fee. For an adult, the person the respondent nominated has first priority for appointment as guardian and as conservator, ahead of a spouse, adult children and parents.
Guardianship costs
- Court filing fee
- $150 to file a guardianship, conservatorship or other protective proceeding in the Alaska Superior Court, including all services (Alaska Administrative Rule 9(b)(2)(G); the Court System's fee table is effective 5/1/2023). One fee covers petitions for several children filed at the same time, an emergency petition filed with the regular petition carries no separate fee, and accepting a guardianship appointment made in a parent's will is free. A petitioner who cannot pay may ask for a waiver on form TF-920.
- Transfer or registration from another state
- $150 to petition to transfer a guardianship or conservatorship into Alaska (form PG-751), or $50 to register a foreign guardianship or conservatorship order.
- Lawyer for the respondent
- Paid by the respondent if able; if not, the court appoints the Office of Public Advocacy and the state pays.
- Court visitor
- Paid by the court, including the visitor's review every third year.
- Court expert
- The court pays newly incurred costs of the expert it appoints. A second expert the respondent asks for is paid by the respondent, or by the state if the respondent cannot pay.
- Guardian ad litem
- Paid by the respondent if the court appoints one, or by the state if the respondent cannot pay.
- Attorney fees for the petition
- The petitioner pays for the petitioner's own lawyer, and is not required to have one (form PG-505, 'Costs in Guardianship Proceedings'). No official Alaska page states a typical attorney fee, so none is recorded.
- Bond
- The court may require the guardian or conservator to post a bond, especially when substantial assets need protecting, and may also order a budget or spending limits.
- Guardian or conservator compensation
- Paid from the protected person's money only with a written court order, after the court finds the person able to pay and the charge reasonable; room and board provided by the guardian or the guardian's spouse, parent or child also needs prior court approval. Private professional guardians must be licensed and have a court-approved fee schedule with an hourly fee and a monthly maximum.
- Frivolous petition
- If the court finds a petition malicious, frivolous or without just cause, it can order the petitioner to pay or reimburse the costs of the respondent's lawyer, guardian ad litem, court visitor and experts.
Costs vary by borough or census area and case. Verify current court fees with the local court.
Frequently asked questions
What is guardianship in Alaska?
What are the alternatives to guardianship in Alaska?
How long does the Alaska guardianship process take?
Do I need a lawyer to file for guardianship in Alaska?
Guardian vs. conservator in Alaska: what is the difference?
Statutes and sourcesOfficial references used for this page
- Alaska Court System form PG-510 (7/22), Powers and Duties of Guardians and Conservators of an Adult (booklet)
- AS 13.26.316 as reproduced in Alaska Court System form PG-510 (7/22)
- AS 13.26.266(b)-(c) as reproduced in Alaska Court System form PG-510 (7/22)
- Alaska Court System form PG-505 (3/25), Instructions: How to Ask the Court to Appoint a Guardian for an Adult
- Alaska Court System form PG-100 (12/23), Petition for Appointment of a Guardian for an Adult
- Alaska Court System form PG-104 (12/23), Petition for Appointment of a Conservator for an Adult
- AS 13.26.301 as reproduced in Alaska Court System form PG-525 (12/23), Instructions for Emergency Guardianship Petition
- AS 13.26.445 as reproduced in Alaska Court System form PG-535 (12/23), Instructions for Emergency Conservatorship Petition
- Alaska Court System form PG-535 (12/23), 'Alternatives to Temporary Conservatorship'
- Alaska Court System form PG-540 (11/23), Instructions: How to Ask the Court for a Single Transaction Authorization
- Alaska Court System form PG-850 (2/17), How to Get an Order of Protection from Financial Abuse
- Alaska Court System form PG-605 (10/24), Instructions: How to Ask the Court to Appoint a Guardian for a Minor Who Is Not an Indian Child
- Alaska Court System form PG-651 (11/23), Instructions for Accepting a Minor Guardianship Appointment Made in a Will
- AS 13.26.051 as quoted in Alaska Court System form PG-700 (10/18), Delegation of Powers over an Incapacitated Person by Parent or Guardian
- Alaska Rules of Administration, Rule 9 - Fee Schedule
- Alaska Court System self-help, Filing Fees & Fee Waiver
- Alaska Rules of Probate Procedure, Rule 14 - Protective Proceedings
- Alaska Rules of Probate Procedure, Rule 15.1 - Testamentary Appointment of Guardian of a Minor
- Alaska Rules of Probate Procedure, Rule 16 - Guardianship of Incapacitated Persons
- Alaska Rules of Probate Procedure, Rule 18 - Emergency Lifesaving Medical Authorization
- Alaska Court System self-help, Adult Guardianship - Background Information
- Alaska Court System self-help, Guardianship - Information About Filing
- Alaska Court System self-help, Guardianship - Information About the Court Process
- Alaska Court System self-help, Conservatorship - Background Information
- Alaska Court System self-help, Conservatorship - Information About Filing
- Alaska Court System self-help, Alternatives to Guardianship for Adults
- Alaska Court System self-help, Alternatives to Conservatorship for Adults
- Alaska Court System self-help, Minor Guardianship
Talk to a probate attorney in Alaska
Tell us how to reach you and one local probate attorney will contact you, usually within one business day. Free to use, with no obligation.
Settled Estate is not a law firm and does not give legal advice.
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.