Alaska Statutes
Alaska Stat. § 13.26.226 (2026)
Initial court procedures
✓ current as of July 2026
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Sec. 13.26.226. Initial court procedures.
(a) Upon the filing of a petition, the court shall schedule a hearing on the issue of incapacity. The hearing shall be conducted within 120 days from the filing of the petition unless the court postpones the hearing for cause.
(b) The respondent is entitled to be represented by an attorney in the proceedings. If the respondent is financially unable to employ an attorney, the court shall appoint the office of public advocacy (AS 44.21.400) under AS 13.26.291 to represent the respondent in the proceedings.
(c) The court shall appoint a visitor. The visitor shall arrange for evaluations to be performed and prepare a written report to be filed with the court. The court shall also appoint an expert who has expertise in regard to the alleged or admitted incapacity to investigate the issue of incapacity. The visitor shall interview the respondent and the person seeking appointment as guardian, if any. The visitor shall conduct the interviews and investigations necessary to prepare the report and shall arrange for the respondent to be examined by the expert appointed under this section. The expert's written report shall be attached to the visitor's report. Interviews and examinations shall take place in the respondent's usual residence unless
(1) the respondent consents to being examined or interviewed in a medical or mental health facility; or
(2) the visitor considers it necessary to conduct interviews or examinations in a medical or mental health facility.
(d) The Alaska Court System shall provide visitors and experts in guardianship proceedings under AS 13.26.291. The Alaska Court System may contract for services of court-appointed visitors and experts.
(a) Upon the filing of a petition, the court shall schedule a hearing on the issue of incapacity. The hearing shall be conducted within 120 days from the filing of the petition unless the court postpones the hearing for cause.
(b) The respondent is entitled to be represented by an attorney in the proceedings. If the respondent is financially unable to employ an attorney, the court shall appoint the office of public advocacy (AS 44.21.400) under AS 13.26.291 to represent the respondent in the proceedings.
(c) The court shall appoint a visitor. The visitor shall arrange for evaluations to be performed and prepare a written report to be filed with the court. The court shall also appoint an expert who has expertise in regard to the alleged or admitted incapacity to investigate the issue of incapacity. The visitor shall interview the respondent and the person seeking appointment as guardian, if any. The visitor shall conduct the interviews and investigations necessary to prepare the report and shall arrange for the respondent to be examined by the expert appointed under this section. The expert's written report shall be attached to the visitor's report. Interviews and examinations shall take place in the respondent's usual residence unless
(1) the respondent consents to being examined or interviewed in a medical or mental health facility; or
(2) the visitor considers it necessary to conduct interviews or examinations in a medical or mental health facility.
(d) The Alaska Court System shall provide visitors and experts in guardianship proceedings under AS 13.26.291. The Alaska Court System may contract for services of court-appointed visitors and experts.
Notes of Decisions
Cited in 6
cases (4 in the last 5 years), 2018–2025 · 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). “26 AS 13.26.226(a). 27 AS 13.26.251(a). 28 AS 13.”
Cottini v. Berggren, 420 P.3d 1255 (Alaska 2018). “(d) of this section, the respondent shall bear the costs of the attorney appointed under AS 13.26.226(b)... and of other court and guardianship costs incurred under this chapter.”
In Re Hospitalization of Linda M., 440 P.3d 168 (Alaska 2019). “116(b) (2002) (renumbered as AS 13.26.226(b) )). 15 Id. at 183 , 123 S.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “15 AS 13.26.226(a). 16 See AS 13.26.226(c) (requiring visitor to “arrange for evaluations” and “for the respondent to be examined by the expert appointed” by court “to investigate the issue of incapacity”).”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “3 AS 13.26.226(b). 4 The guardianship statutes require the court to appoint a court visitor.”
In the Matter of the Prot. Proceeding of Amy D., 502 P.3d 5 (Alaska 2022). “The legislature established a procedure for a guardian’s resignation or removal: Before removing a guardian, changing the guardian’s responsibilities, accepting the resignation of a guardian, or ordering that a ward’s guardianship be changed or terminated, the court, following…”
— Alaska Stat. § 13.26.226(a) — 2 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “26 AS 13.26.226(a). 27 AS 13.26.251(a). 28 AS 13.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “15 AS 13.26.226(a). 16 See AS 13.26.226(c) (requiring visitor to “arrange for evaluations” and “for the respondent to be examined by the expert appointed” by court “to investigate the issue of incapacity”).”
— Alaska Stat. § 13.26.226(b) — 4 cases
In Re Hospitalization of Linda M., 440 P.3d 168 (Alaska 2019). “116(b) (2002) (renumbered as AS 13.26.226(b) )). 15 Id. at 183 , 123 S.”
Cottini v. Berggren, 420 P.3d 1255 (Alaska 2018). “(d) of this section, the respondent shall bear the costs of the attorney appointed under AS 13.26.226(b)... and of other court and guardianship costs incurred under this chapter.”
In the Matter of the Prot. Proceeding of Amy D., 502 P.3d 5 (Alaska 2022). “The legislature established a procedure for a guardian’s resignation or removal: Before removing a guardian, changing the guardian’s responsibilities, accepting the resignation of a guardian, or ordering that a ward’s guardianship be changed or terminated, the court, following…”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “3 AS 13.26.226(b). 4 The guardianship statutes require the court to appoint a court visitor.”
— Alaska Stat. § 13.26.226(c) — 4 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “26 AS 13.26.226(a). 27 AS 13.26.251(a). 28 AS 13.”
Cottini v. Berggren, 420 P.3d 1255 (Alaska 2018). “(d) of this section, the respondent shall bear the costs of the attorney appointed under AS 13.26.226(b)... and of other court and guardianship costs incurred under this chapter.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “15 AS 13.26.226(a). 16 See AS 13.26.226(c) (requiring visitor to “arrange for evaluations” and “for the respondent to be examined by the expert appointed” by court “to investigate the issue of incapacity”).”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “3 AS 13.26.226(b). 4 The guardianship statutes require the court to appoint a court visitor.”
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