Alaska Statutes

Alaska Stat. § 13.26.005 (2026)

Definitions and use of terms

✓ current as of July 2026
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Sec. 13.26.005. Definitions and use of terms.
Unless otherwise apparent from the context, in AS 13.06AS 13.36,
     (1) “department” means the Department of Commerce, Community, and Economic Development;

     (2) “essential requirements for physical health or safety” means the health care, food, shelter, clothing, personal hygiene, and protection without which serious physical injury or illness is more likely than not to occur;

     (3) “full guardian” means a guardian who possesses the legal duties and powers enumerated in AS 13.26.316(c);

     (4) “guardian” includes full guardian and partial guardian;

     (5) “incapacitated person” means a person whose ability to receive and evaluate information or to communicate decisions is impaired for reasons other than minority to the extent that the person lacks the ability to provide the essential requirements for the person's physical health or safety without court-ordered assistance;

     (6) “partial guardian” means a guardian who possesses fewer than all of the legal duties and powers of a full guardian, and whose rights, powers, and duties have been specifically enumerated by court order;

     (7) “private professional conservator” means a person, other than the public guardian, who is licensed under AS 08.26 or exempt under AS 08.26.180;

     (8) “private professional guardian” means a person, other than the public guardian, who is licensed under AS 08.26 or exempt under AS 08.26.180;

     (9) a “protected person” is a minor or other person for whom a conservator has been appointed or other protective order has been made;

     (10) a “protective proceeding” is a proceeding under the provisions of AS 13.26.401 to determine that a person cannot effectively manage or apply the person's estate to necessary ends, either because the person lacks the ability or is otherwise inconvenienced, or because the person is a minor, and to secure administration of the estate by a conservator or other appropriate relief;

     (11) “respondent” means a person who, in a guardianship proceeding under this chapter, is alleged to be an incapacitated person and for whom the appointment of a guardian or alternative assistance is sought; “respondent” includes a person seeking the appointment of a guardian or alternative assistance for oneself;

     (12) “visitor” means a person trained or experienced in law, medical care, mental health care, pastoral care, education, rehabilitation, or social work, who is an officer, employee, or special appointee of the court with no personal interest in the proceedings;

     (13) a “ward” is a person for whom a guardian has been appointed; a “minor ward” is a minor for whom a guardian has been appointed solely because of minority.




Notes of Decisions
Cited in 17 cases (5 in the last 5 years), 1981–2025 · leading case: Jude M. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 394 P.3d 543 (Alaska 2017).
Jude M. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 394 P.3d 543 (Alaska 2017). · cites it 2× “21 18 Jude does not directly challenge the superior court’s reliance on his probation conditions as a separate suspension of his parental rights. Because we agree with the superior court that Jude’s custodial rights were suspended by the CINA adjudication, we need not address…”
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). · cites it 5× “Although a guardian generally “may give consents or approvals necessary to enable the 42 See AS 13.26.005 (defining terms used in guardianship statutes).”
In Re the Prot. Proceedings of W.A., 193 P.3d 743 (Alaska 2008). · cites it 2× “AS 13.26.005(2). 9 . See Adamson v. Univ.”
In re the Prot. Proceedings of M.K., 278 P.3d 876 (Alaska 2012). · cites it 3× “was incapacitated as defined in AS 13.26.005(4). However, AS 13.26.005(4) defines the - term _ "guardian.”
In the Matter of the Necessity for the Hospitalization of: Mark V., In the Matter of the Necessity for the Hospitalization of: Mark V., 501 P.3d 228 (Alaska 2021). “839(d) (requiring court to direct Office of Public Advocacy to provide court visitor to investigate patient’s capacity to give informed consent to administration of psychotropic medication); AS 13.26.005(12) (defining “visitor”). 7 See Alaska Supreme Court Order No.”
Wilson v. State, Dep't of Law, 355 P.3d 549 (Alaska 2015). · cites it 2× “" AS 13.26.005(2) (internal quotation marks omitted).”
State, Off. of Pub. Advocacy, Off. of Elder Fraud & Assistance v. Est. of Jean R., 371 P.3d 614 (Alaska 2016). “AS 13.26.005(11). 13 . See AS 13 26.207(a) ("If the court finds that the [protectwe order] petition establishes probable cause that the respondent is financially defrauding the petitioner .”
Sanders v. Sanders, 902 P.2d 310 (Alaska 1995). “Karen notes that AS 13.26.005 (defining “incapacitated person” for purposes of establishing guardianship)' mandates a more rigorous procedure before a determination of incapacity is made, and im *315 plies that this procedure should have been used here.”
K. C. M. v. State, 627 P.2d 607 (Alaska 1981). · cites it 2× “reached the age of majority, she was adjudicated an “incapacitated person” under AS 13.26.005(1) and her parents were appointed as her legal guardians.”
In the Matter of the Prot. Proceedings of Vernon H., 332 P.3d 565 (Alaska 2014). “AS 13.26.005(5) defines an "incapacitated person" as "a person whose ability to receive and evaluate information or to communicate decisions is impaired .”
Matter of CDM, 627 P.2d 607 (Alaska 1981). · cites it 2× “reached the age of majority, she was adjudicated an "incapacitated person" under AS 13.26.005(1) and her parents were appointed as her legal guardians.”
ITMO Prot. Proceeding of S.J. (Alaska 2025). · cites it 2× “22 AS 13.26.005(12) (“ ‘[V]isitor’ means a person trained or experienced in law, medical care, mental health care, pastoral care, education, rehabilitation, or social work, who is an officer, employee, or special appointee of the court with no personal interest in the…”
— Alaska Stat. § 13.26.005(1) — 3 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “Although a guardian generally “may give consents or approvals necessary to enable the 42 See AS 13.26.005 (defining terms used in guardianship statutes).”
K. C. M. v. State, 627 P.2d 607 (Alaska 1981). “reached the age of majority, she was adjudicated an “incapacitated person” under AS 13.26.005(1) and her parents were appointed as her legal guardians.”
Matter of CDM, 627 P.2d 607 (Alaska 1981). “reached the age of majority, she was adjudicated an "incapacitated person" under AS 13.26.005(1) and her parents were appointed as her legal guardians.”
— Alaska Stat. § 13.26.005(11) — 1 case
State, Off. of Pub. Advocacy, Off. of Elder Fraud & Assistance v. Est. of Jean R., 371 P.3d 614 (Alaska 2016). “AS 13.26.005(11). 13 . See AS 13 26.207(a) ("If the court finds that the [protectwe order] petition establishes probable cause that the respondent is financially defrauding the petitioner .”
— Alaska Stat. § 13.26.005(12) — 3 cases
In the Matter of the Necessity for the Hospitalization of: Mark V., In the Matter of the Necessity for the Hospitalization of: Mark V., 501 P.3d 228 (Alaska 2021). “839(d) (requiring court to direct Office of Public Advocacy to provide court visitor to investigate patient’s capacity to give informed consent to administration of psychotropic medication); AS 13.26.005(12) (defining “visitor”). 7 See Alaska Supreme Court Order No.”
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “Although a guardian generally “may give consents or approvals necessary to enable the 42 See AS 13.26.005 (defining terms used in guardianship statutes).”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “22 AS 13.26.005(12) (“ ‘[V]isitor’ means a person trained or experienced in law, medical care, mental health care, pastoral care, education, rehabilitation, or social work, who is an officer, employee, or special appointee of the court with no personal interest in the…”
— Alaska Stat. § 13.26.005(2) — 2 cases
In Re the Prot. Proceedings of W.A., 193 P.3d 743 (Alaska 2008). “AS 13.26.005(2). 9 . See Adamson v. Univ.”
Wilson v. State, Dep't of Law, 355 P.3d 549 (Alaska 2015). “" AS 13.26.005(2) (internal quotation marks omitted).”
— Alaska Stat. § 13.26.005(4) — 1 case
In re the Prot. Proceedings of M.K., 278 P.3d 876 (Alaska 2012). “was incapacitated as defined in AS 13.26.005(4). However, AS 13.26.005(4) defines the - term _ "guardian.”
— Alaska Stat. § 13.26.005(5) — 10 cases
In Re the Prot. Proceedings of W.A., 193 P.3d 743 (Alaska 2008). “AS 13.26.005(2). 9 . See Adamson v. Univ.”
In re the Prot. Proceedings of M.K., 278 P.3d 876 (Alaska 2012). “was incapacitated as defined in AS 13.26.005(4). However, AS 13.26.005(4) defines the - term _ "guardian.”
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “Although a guardian generally “may give consents or approvals necessary to enable the 42 See AS 13.26.005 (defining terms used in guardianship statutes).”
Wilson v. State, Dep't of Law, 355 P.3d 549 (Alaska 2015). “" AS 13.26.005(2) (internal quotation marks omitted).”
In the Matter of the Prot. Proceedings of Vernon H., 332 P.3d 565 (Alaska 2014). “AS 13.26.005(5) defines an "incapacitated person" as "a person whose ability to receive and evaluate information or to communicate decisions is impaired .”
— Alaska Stat. § 13.26.005(6) — 1 case
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “Although a guardian generally “may give consents or approvals necessary to enable the 42 See AS 13.26.005 (defining terms used in guardianship statutes).”
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