Alaska Statutes
Alaska Stat. § 13.26.201 (2026)
Purpose and basis for guardianship
✓ current as of July 2026
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Sec. 13.26.201. Purpose and basis for guardianship.
Guardianship for an incapacitated person shall be used only as is necessary to promote and protect the well-being of the person, shall be designed to encourage the development of maximum self-reliance and independence of the person, and shall be ordered only to the extent necessitated by the person's actual mental and physical limitations. An incapacitated person for whom a guardian has been appointed is not presumed to be incompetent and retains all legal and civil rights except those that have been expressly limited by court order or have been specifically granted to the guardian by the court.
Guardianship for an incapacitated person shall be used only as is necessary to promote and protect the well-being of the person, shall be designed to encourage the development of maximum self-reliance and independence of the person, and shall be ordered only to the extent necessitated by the person's actual mental and physical limitations. An incapacitated person for whom a guardian has been appointed is not presumed to be incompetent and retains all legal and civil rights except those that have been expressly limited by court order or have been specifically granted to the guardian by the court.
Notes of Decisions
Cited in 6
cases (6 in the last 5 years), 2021–2025 · leading case: Blake J. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. Philip Kaufman John Does 1-10 & Alexa J., 554 P.3d 430 (Alaska 2024).
Blake J. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. Philip Kaufman John Does 1-10 & Alexa J., 554 P.3d 430 (Alaska 2024). “The trial court’s order noted Blake’s “incapacity” to manage his finances or housing, but as AS 13.26.201 makes clear, incapacity is not incompetency.”
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “18 AS 13.26.201. 19 In re O.S.D., 672 P.2d 1304, 1306 (Alaska 1983).”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “24 AS 13.26.201; see also AS 13.26.251(e). -11- 7746 appointment to meet those needs.”
In the Matter of the Prot. Proceeding of Amy D., 502 P.3d 5 (Alaska 2022). “An attorney may have helped Amy identify one of these family members, or another person, to serve as Amy’s guardian, obviating the need to appoint a public guardian.”
John Robert Douglas v. State of Alaska, John Robert Douglas v. State of Alaska, 527 P.3d 291 (Alaska Ct. App. 2023). “316(c) (providing that a guardian of an incapacitated person has the same powers and duties for the ward that a parent has for an unemancipated minor child, with few exceptions); AS 13.26.201 (describing the purpose of a guardian and basis for a guardianship); AS 13.”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “20 The petitioner must detail information about the respondent including “the nature and degree of the alleged incapacity.” 21 The court then appoints a visitor22 and an expert “who has expertise in regard to the alleged or admitted incapacity.”
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