Alaska Statutes
Alaska Stat. § 13.26.221 (2026)
Petition
✓ current as of July 2026
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Sec. 13.26.221. Petition.
(a) Any person may petition the court for a finding of incapacity and the appointment of a guardian for oneself or for another person.
(b) The petition for appointment of a guardian must state
(1) the name, age, and address of the petitioner and any relationship to the respondent;
(2) the name, age, and present address of the respondent;
(3) the name and address of the person or facility presently having care, custody, guardianship, or conservatorship of the respondent, if any, and the existence of any other restrictions on the legal capacity of the respondent to act in the respondent's own behalf;
(4) the nature and degree of the alleged incapacity;
(5) the particular type and duration of appointment and the protection and assistance being sought;
(6) the names and addresses, unless they are unknown and cannot reasonably be ascertained, of the individuals most closely related to the respondent by blood or marriage;
(7) the facts supporting the allegations of incapacity and the need for appointment of a guardian;
(8) the names and addresses of persons known to the petitioner who have knowledge that might prove helpful in determining the capacity and needs of the respondent.
(c) The petition may also nominate a guardian and include a request for temporary guardianship as provided in AS 13.26.301 if the petitioner believes there is an imminent danger that the physical health or safety of the respondent will be seriously impaired during the pendency of the guardianship proceeding. A request for temporary guardianship must specify facts that cause the petitioner to believe that a temporary guardian is necessary.
(d) [Repealed, § 31 ch 84 SLA 2004.]
(a) Any person may petition the court for a finding of incapacity and the appointment of a guardian for oneself or for another person.
(b) The petition for appointment of a guardian must state
(1) the name, age, and address of the petitioner and any relationship to the respondent;
(2) the name, age, and present address of the respondent;
(3) the name and address of the person or facility presently having care, custody, guardianship, or conservatorship of the respondent, if any, and the existence of any other restrictions on the legal capacity of the respondent to act in the respondent's own behalf;
(4) the nature and degree of the alleged incapacity;
(5) the particular type and duration of appointment and the protection and assistance being sought;
(6) the names and addresses, unless they are unknown and cannot reasonably be ascertained, of the individuals most closely related to the respondent by blood or marriage;
(7) the facts supporting the allegations of incapacity and the need for appointment of a guardian;
(8) the names and addresses of persons known to the petitioner who have knowledge that might prove helpful in determining the capacity and needs of the respondent.
(c) The petition may also nominate a guardian and include a request for temporary guardianship as provided in AS 13.26.301 if the petitioner believes there is an imminent danger that the physical health or safety of the respondent will be seriously impaired during the pendency of the guardianship proceeding. A request for temporary guardianship must specify facts that cause the petitioner to believe that a temporary guardian is necessary.
(d) [Repealed, § 31 ch 84 SLA 2004.]
Notes of Decisions
Cited in 5
cases (4 in the last 5 years), 2019–2025 · leading case: In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021).
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “20 AS 13.26.221(a). -7- 7526 sought.21 After the petition is received, the court appoints a visitor22 and an expert with expertise in the area of the alleged incapacity.”
In Re Hospitalization of Linda M., 440 P.3d 168 (Alaska 2019). “105(a) (2002) (renumbered as AS 13.26.221(a) ); former AS 13.26.116(b) (2002) (renumbered as AS 13.”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “20 AS 13.26.221(a). 21 AS 13.26.221(b)(4). 22 AS 13.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “5 See AS 13.26.221(a) (enabling “[a]ny person” to petition court to appoint guardian for any person found to lack capacity to manage affairs).”
In the Matter of the Prot. Proceeding of Amy D., 502 P.3d 5 (Alaska 2022). “”40 And third, the court must determine that the respondent is “willing to [present evidence and argument] .”
— Alaska Stat. § 13.26.221(a) — 4 cases
In Re Hospitalization of Linda M., 440 P.3d 168 (Alaska 2019). “105(a) (2002) (renumbered as AS 13.26.221(a) ); former AS 13.26.116(b) (2002) (renumbered as AS 13.”
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “20 AS 13.26.221(a). -7- 7526 sought.21 After the petition is received, the court appoints a visitor22 and an expert with expertise in the area of the alleged incapacity.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “5 See AS 13.26.221(a) (enabling “[a]ny person” to petition court to appoint guardian for any person found to lack capacity to manage affairs).”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “20 AS 13.26.221(a). 21 AS 13.26.221(b)(4). 22 AS 13.”
— Alaska Stat. § 13.26.221(b) — 2 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “20 AS 13.26.221(a). -7- 7526 sought.21 After the petition is received, the court appoints a visitor22 and an expert with expertise in the area of the alleged incapacity.”
In the Matter of the Prot. Proceeding of Amy D., 502 P.3d 5 (Alaska 2022). “”40 And third, the court must determine that the respondent is “willing to [present evidence and argument] .”
— Alaska Stat. § 13.26.221(b)(4) — 1 case
ITMO Prot. Proceeding of S.J. (Alaska 2025). “20 AS 13.26.221(a). 21 AS 13.26.221(b)(4). 22 AS 13.”
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