Alaska Statutes
Alaska Stat. § 13.26.241 (2026)
Evaluations; right to remain silent; respondent's attorney or expert
✓ current as of July 2026
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Sec. 13.26.241. Evaluations; right to remain silent; respondent's attorney or expert.
(a) A ward or respondent has the right to refuse to respond to questions in the course of examinations and evaluations. However, the ward or respondent may be required to submit to interviews for the purpose of ascertaining whether the ward or respondent lacks the capacity to make informed decisions about care and treatment services.
(b) Statements of a ward or respondent in the course of evaluations, examinations, and treatment under AS 13.26.201 — 13.26.316 are privileged, confidential, and not admissible without the ward's or respondent's consent in any civil or criminal proceeding other than proceedings under AS 13.26.201 — 13.26.316. A ward or respondent at all times has the right to refuse to answer questions if the answers may tend to incriminate the ward or respondent.
(c) During an interview or a testing conducted under AS 13.26.201 — 13.26.316, a ward or respondent has the right to be accompanied by an attorney or expert of the ward's or respondent's own choosing.
(d) The court, if requested by a ward or respondent in preparation for and in connection with a hearing held under AS 13.26.201 — 13.26.316, shall appoint an expert having expertise in regard to the alleged or admitted incapacity to examine the respondent and testify on the respondent's behalf. The request shall be filed in court at least five days before the hearing. An expert appointed under this subsection may be the same expert appointed under AS 13.26.226(c).
(a) A ward or respondent has the right to refuse to respond to questions in the course of examinations and evaluations. However, the ward or respondent may be required to submit to interviews for the purpose of ascertaining whether the ward or respondent lacks the capacity to make informed decisions about care and treatment services.
(b) Statements of a ward or respondent in the course of evaluations, examinations, and treatment under AS 13.26.201 — 13.26.316 are privileged, confidential, and not admissible without the ward's or respondent's consent in any civil or criminal proceeding other than proceedings under AS 13.26.201 — 13.26.316. A ward or respondent at all times has the right to refuse to answer questions if the answers may tend to incriminate the ward or respondent.
(c) During an interview or a testing conducted under AS 13.26.201 — 13.26.316, a ward or respondent has the right to be accompanied by an attorney or expert of the ward's or respondent's own choosing.
(d) The court, if requested by a ward or respondent in preparation for and in connection with a hearing held under AS 13.26.201 — 13.26.316, shall appoint an expert having expertise in regard to the alleged or admitted incapacity to examine the respondent and testify on the respondent's behalf. The request shall be filed in court at least five days before the hearing. An expert appointed under this subsection may be the same expert appointed under AS 13.26.226(c).
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2023 · 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). “Scope Of Respondent’s Right To Refuse To Answer Questions Under AS 13.26.241(a) 1. The statute The primary issue in this case is the proper interpretation of AS 13.”
John Robert Douglas v. State of Alaska, John Robert Douglas v. State of Alaska, 527 P.3d 291 (Alaska Ct. App. 2023). “But see AS 13.26.241(b) (formerly AS 13.26.109(b)) (“Statements of a ward or respondent in the course of evaluations, examinations, and treatment [in guardianship proceedings] are privileged, confidential, and not admissible without the ward’s or respondent’s consent in any…”
— Alaska Stat. § 13.26.241(a) — 1 case
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “Scope Of Respondent’s Right To Refuse To Answer Questions Under AS 13.26.241(a) 1. The statute The primary issue in this case is the proper interpretation of AS 13.”
— Alaska Stat. § 13.26.241(b) — 2 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “Scope Of Respondent’s Right To Refuse To Answer Questions Under AS 13.26.241(a) 1. The statute The primary issue in this case is the proper interpretation of AS 13.”
John Robert Douglas v. State of Alaska, John Robert Douglas v. State of Alaska, 527 P.3d 291 (Alaska Ct. App. 2023). “But see AS 13.26.241(b) (formerly AS 13.26.109(b)) (“Statements of a ward or respondent in the course of evaluations, examinations, and treatment [in guardianship proceedings] are privileged, confidential, and not admissible without the ward’s or respondent’s consent in any…”
— Alaska Stat. § 13.26.241(c) — 1 case
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “Scope Of Respondent’s Right To Refuse To Answer Questions Under AS 13.26.241(a) 1. The statute The primary issue in this case is the proper interpretation of AS 13.”
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