Rule 16 - Guardianship of Incapacitated Persons(a) Petition. A petition for guardianship must contain the information required by AS 13.26.105(b). The petition must be verified by the petitioner or signed by an attorney representing the petitioner. The petition must state the priority of the nominee under AS 13.26.145 and, if known, the names and addresses of any person with a higher priority. A petition may be filed under this rule for a minor who will turn 18 years old within 120 days of the petition filing date, unless otherwise ordered by the court for good cause shown.(b) Notice. Notice must be given as provided by AS 13.26.107, AS 13.26.135, AS 13.06.110, and AS 13.26.185. For good cause shown, the court may also authorize alternative methods of service. Proof of service by certified mail may be made by certificate rather than by affidavit. (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 13.26.326, 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).(f) Compensation. Except as provided 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. (g) Reporting.(1)By the Guardian. (A)Guardianship Plan and Implementation Report. The guardian must file a guardianship plan within 30 days after distribution of the order of appointment as guardian and an implementation report no later than 90 days after distribution of the order of appointment as guardian. (B)Annual Report. The guardian must file an annual report with the court within 30 days after the anniversary of the guardianship order or as otherwise ordered by the court. The annual report must include: (i) the name and current address of the ward and guardian; (ii) the ward's present mental, physical and social condition, the ward's living arrangements, and the ward's opinion of those living arrangements; (iii) changes in the capacity of the ward to meet essential requirements for the ward's physical health and safety; (iv) the services provided to the ward, including all medical and mental health treatment, during the year;(v) any significant actions taken by the guardian during the reporting period; (vi) a financial accounting of the ward's estate that has been subject to the possession and control of the guardian, which must include the relevant account statements for the reporting period and any other information requested by the court; (vii) a list of the number and nature of contacts between the guardian and the ward if the ward does not reside with the guardian; and (viii) any other information requested by the court or considered necessary by the guardian to make the court fully aware of the ward's current circumstances.(C)Final Report. Within 90 days after appointment of a successor guardian or termination of a guardianship for any reason, including the death of the ward, the guardian whose authority is being terminated shall file a final report. Unless otherwise ordered, the final report must include:(i) a statement of the reason the guardianship was terminated;(ii) the services provided to the ward, including all medical and mental health treatment since the date of the last annual report; (iii) any significant actions taken by the guardian since the date of the last annual report; (iv) a financial accounting of the estate of the ward that has been subject to the possession and control of the guardian, including a statement of when and to whom the assets have been released to include the name, address, and the authority of such person to receive the property; (v) a list of the number and nature of contacts between the guardian and the ward if the ward did not reside with the guardian; (vi) a detailed report of all disbursements, including a detailed statement of fees and expenses charged by the guardian or reimbursed to the guardian from the estate of the ward; and(vii) any other information requested by the court.(2) By the Court Visitor. As provided in AS 13.26.236, the court visitor must file a visitor's report with the court within 90 days after the date on which the petition is filed or by a time otherwise ordered by the court, but no later than 10 days before the guardianship hearing. In addition, every third year, the court shall appoint a court visitor to file a report reviewing the guardianship and any conservatorship during the period since the last visitor's report, as provided in AS 13.26.276. The court may waive a three-year report if a report generated as a result of a petition for review has been filed within six months of the due date of a three-year report, and the report filed as a result of the petition for review meets the standards for a three-year report under AS 13.26.276. The court visitor shall use the court forms for reports listed in this paragraph.(h) Authority of Guardian After Death of Ward. Once a guardian knows that the ward has died, the guardian has no further authority over the ward's affairs and estate except: (1) to preserve, account, and transfer control of assets to a personal representative or special administrator appointed by the court or to a temporary property custodian appointed by the court or authorized to take custody of personal property by affidavit; and(2) as provided in AS 13.26.181(b). Guardians who have the powers of a conservator may also exercise authority as provided in Probate Rule 17(j). SCO 1014 effective 1/15/1990; amended by SCO 1160 effective 7/15/1994; by SCO 1443 effective 10/15/2001; by SCO 1575 effective 10/15/2005; and by SCO 1674 effective 4/15/2009; and by SCO 1697 effective 10/14/2011; amended by SCO 1961 effective 10/15/2021; amended by SCO 1971 effective 10/15/2021; amended by SCO 1979 effective 2/2/2022. Chapter 84 SLA 04 (HB 427 ) enacted extensive changes to the guardianship and conservatorship statutes. According to Section 32 of the Act, AS 13.26.120(b), enacted in Section 11, has the effect of changing Probate Rule 16(f) by giving guardians additional authority to per Form certain acts for a deceased ward.