Rule 17 - Conservatorships, Protective Proceedings, and Minor Settlements(a) Petition. A petition for conservatorship must contain the information required by AS 13.26.180(b). The petition must be verified by the petitioner or signed by an attorney representing the petitioner. A petition for conservatorship of a minor must state who has legal custody of the minor and the birthdate of the minor. The petition must state the priority of the nominee under AS 13.26.210 and, if known, the names and addresses of any person with a higher priority. (b) Notice. In conservatorships and other protective proceedings, notice must be given as provided by AS 13.26.185 and AS 13.06.110. 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 Conservator. Any party or other person nominating a person or entity as a conservator must notify the proposed conservator 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 Conservatorship. Letters of conservatorship may not issue without the written acceptance of the person to be named conservator. The acceptance must state that the person understands the duties and powers of conservatorship under AS 13.26.245 - 13.26. 320, with any restrictions imposed by the court, as well as the reporting requirements of AS 13.26.250 and AS 13.26.255. A relative or friend of the protected person who is appointed as a conservator must complete one hour of mandatory education on the basics of conservatorship before the appointment or within 30 days after the appointment as provided by AS 13.26.210(g). (e)Mandatory Education. A relative or friend of the protected person who is appointed as a conservator must complete one hour of mandatory education on the basics of conservatorship before the appointment or within 30 days after the appointment as provided by AS 13.26.465(g).(f) Compensation. Except as provided in AS 13.26.750.(a), compensation may not be paid for conservatorship services without written order of the court. As provided in AS 08.26.110, private professional conservators 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 Conservator. Within 90 days after distribution of the order of appointment, the conservator must file a conservator implementation report and an inventory pursuant to AS 13.26.250. The conservator also must file an annual report with the court within 30 days after the anniversary of the conservatorship order or as otherwise ordered by the court. The annual report must include: 1. the total assets at the beginning and end of the calendar year; 2. the total liabilities at the beginning and end of the calendar year; 3. income received from all sources; 4. a detailed report on all disbursements with explanations; and 5. actions of the conservator during the year regarding the protected funds. (2)By the Court Visitor. If the court appoints a visitor as provided in AS 13.26.195(b), 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 conservatorship hearing. In addition, every third year, the court may appoint a court visitor to file a report reviewing the conservatorship during the period since the last visitor's report, as provided in AS 13.26.515(b). 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 13.26.515. The court visitor shall use the court forms for reports listed in this paragraph.(h) Discharge. A final accounting with appropriate provision for the subsequent control of the estate must be submitted and accepted by the court under AS 13.26.255 before the court may discharge a conservator under AS 13.26.310. A final accounting must be filed no later than 90 days after entry of an order transferring conservatorship authority or 90 days after termination of the conservatorship for any reason, including the death of the protected person, by the conservator whose authority is being terminated. The conservator shall not be fully discharged from responsibility in the matter until the court accepts this final accounting after notice to all parties and a hearing. The final accounting shall include: (1) a statement of the reason the conservatorship was terminated;(2) any significant actions taken by the conservator since the date of the last annual report; (3) the total assets at the date of the last annual report and total assets at the date of the termination of the conservatorship; (4) the total liabilities at the date of the last annual report; (5) a detailed report of all disbursements with explanations to include any fees charged by the conservator or reimbursed to the conservator from the estate of the protected person;(6) income received from all sources since the date of the last annual report; (7) actions of the conservator since the date of the last annual report regarding the protected funds; and (8) any other information requested by the court. (i) Minor Settlement. A conservatorship proceeding for a minor initiated because funds are part of a settlement or judgment in favor of the minor must comply with Civil Rule 90.2. (j) Authority of Conservator After Death of Protected Person. Once a conservator knows that the protected person has died, the conservator has no further authority over the protected person's affairs and estate except as provided in AS 13.26.285(e). SCO 1014 effective 1/15/1990; amended 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; and by SCO 1787 effective nunc pro tunc7/1/2012; amended by SCO 1961 effective 10/15/2021. Chapter 84 SLA 04 (HB 427 ) enacted extensive changes to the guardianship and conservatorship statutes. According to Section 32 of the Act, AS 13.26.250, amended by Section 22, has the effect of amending Probate Rule 17(e) by changing when a report is due and adding additional material to be included in the report.
Chapter 71 SLA 2012 (SB 86 ) added new sections to AS 13.26 relating to the protection of vulnerable adults, effective July 1, 2012. According to section 48(a) of the Act, AS 13.26.207, 13.26.208, and 13.26.209(a) - (g), enacted by section 10, have the effect of amending Alaska Rule of Probate Procedure 17, relating to conservatorships and protective proceedings, by allowing ex parte and temporary orders and modifications of orders to be issued related to protecting the assets of a person otherwise subject to AS 13.26.165 from financial exploitation.