Rule 14 - Protective Proceedings(a)Applicability. This rule applies to all proceedings under AS 13.26, Protection of Persons Under Disability and Their Property.(b)Review. Upon the request of any interested person, or on the court's own motion, the court may set a review hearing to inquire as to the welfare and best interests of the respondent or ward and to take any other appropriate action necessary to protect the interests and welfare of the respondent or ward.(c)Change of Address. A guardian or conservator shall advise the court in writing of any change in the address and telephone number of the ward, guardian or conservator.(d)Confidentiality. All information contained in the court records relating to proceedings for guardianship, conservator-ship, or other protective proceeding brought under AS 13.26 is confidential and is available only upon court order for good cause shown or to the persons listed in AS 13.26.013(a), except that the date a petition was filed, the name of each petitioner and respondent, the case number, the docket, and the final dispositional order for each protective proceeding are a matter of public record, as provided by AS 13.26.013. A non-party motion for a finding of good cause to access information in a file shall not be denied solely for lack of party status.(e)Combined Cases. Guardianship and conservatorship proceedings may be combined. The applicable burdens of proof of each type of proceeding must be met in each case.(f)Caption. In all protective proceedings, the caption must provide, "In the Matter of the Protective Proceeding of _____________."(g)Venue.(1)Filing Petition. A petition for protection must be filed in the superior court in the venue district where the respondent or ward resides or is present except as follows: (A)Minor Guardianship. If the respondent or ward is a minor in state custody under AS 47.10, venue is in the superior court where the child in need of aid proceeding is pending or, if the petitioner provides notice to all parties to the child in need of aid proceeding and no party objects, venue is in the judicial district where the petitioner resides, as provided in AS 13.26.137. (B)Incapacitated Adult Guardianship. If the incapacitated person has been admitted to an institution under court order, venue is also in the judicial district of the court that entered the institutional admission order.(C)Conservatorship. If the person the petition seeks to protect does not live in the state, venue is in the judicial district where the person to be protected has property. (2)Change of Venue. A court may change venue to another appropriate venue in accordance with court rules and applicable statutes. (h)Service. In a protective proceeding, unless otherwise ordered, service must be made as follows: (1) All filings, reports, and orders must be served on the respondent or ward, guardian, and conservator. Service is required on a court visitor, if appointed. (2) Service on a petitioner is required for filings, reports, and orders related to his or her petition, but not filings, reports, and orders related to a petition filed by another person. If the court consolidates related petitions, all petitioners shall be served with filings, reports, and orders related to the consolidated petitions. Unless otherwise ordered, the requirement to serve the petitioner expires when the court decides the petition that the petitioner filed.(3) A person may move to formally intervene in a protective proceeding under Civil Rule 24. If intervention is granted, the intervenor must be served with all filings, reports, and orders until the intervenor withdraws or until further court order. (4) Following each review hearing, the court shall indicate persons that must be served with any future filings, reports, and orders.(i)Notice. As provided in AS 13.26.425, a person who files a request for notice as an interested person as defined in AS 13.06.050(26) is entitled to notice before an order is entered in a protective proceeding. A request must include the basis of the person's interest and, unless the person is represented by an attorney, the person's address. SCO 1014 effective 1/15/1990; amended by SCO 1575 effective 10/15/2005; and by SCO 1635 effective 10/15/2007; amended by SCO 1961 effective 10/15/2021. 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 14 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.
Note: Civil Rule 42 governs consolidation of actions and matters in issue, such as consolidating related petitions.