Alaska Statutes
Alaska Stat. § 13.26.251 (2026)
Hearing and determination
✓ current as of July 2026
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Sec. 13.26.251. Hearing and determination.
(a) At the hearing scheduled under AS 13.26.226, the respondent has the right to
(1) present evidence on the respondent's own behalf;
(2) cross-examine adverse witnesses;
(3) remain silent;
(4) have the hearing open or closed to the public as the respondent elects;
(5) be present unless the court determines that the respondent's conduct in the courtroom is so disruptive that the proceedings cannot reasonably continue with the respondent present;
(6) be tried by jury on the issue of incapacity.
(b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of proper disposition. If the respondent stipulates to incapacity, the court may make a finding of incapacity without obtaining evidence from the expert appointed under AS 13.26.226(c).
(c) If the respondent is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of alternatives to guardianship to meet the needs of the respondent.
(d) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent, the court may dismiss the action and order an alternative form of protection.
(e) If it is found that the respondent is able to perform some, but not all, of the functions necessary to care for the respondent, and alternatives to guardianship are not feasible or adequate to provide for the needs of the respondent, the court may appoint a partial guardian, but may not appoint a full guardian.
(f) If it is found that the respondent is totally without capacity to care for the respondent and that a combination of alternatives to guardianship and the appointment of a partial guardian is not feasible or adequate to meet the needs of the respondent, the court may appoint a full guardian.
(g) If it is necessary to appoint a guardian, the court shall consider the ward's preference.
(h) At the time a guardian is appointed, the court shall make a reasonable effort to acquaint the ward with the ward's right to request, at a later time, the guardian's dismissal or a modification of the guardianship order. The court shall provide a written statement to the ward, explaining the ward's rights and specifying the procedures to be followed in petitioning the court.
(a) At the hearing scheduled under AS 13.26.226, the respondent has the right to
(1) present evidence on the respondent's own behalf;
(2) cross-examine adverse witnesses;
(3) remain silent;
(4) have the hearing open or closed to the public as the respondent elects;
(5) be present unless the court determines that the respondent's conduct in the courtroom is so disruptive that the proceedings cannot reasonably continue with the respondent present;
(6) be tried by jury on the issue of incapacity.
(b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of proper disposition. If the respondent stipulates to incapacity, the court may make a finding of incapacity without obtaining evidence from the expert appointed under AS 13.26.226(c).
(c) If the respondent is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of alternatives to guardianship to meet the needs of the respondent.
(d) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent, the court may dismiss the action and order an alternative form of protection.
(e) If it is found that the respondent is able to perform some, but not all, of the functions necessary to care for the respondent, and alternatives to guardianship are not feasible or adequate to provide for the needs of the respondent, the court may appoint a partial guardian, but may not appoint a full guardian.
(f) If it is found that the respondent is totally without capacity to care for the respondent and that a combination of alternatives to guardianship and the appointment of a partial guardian is not feasible or adequate to meet the needs of the respondent, the court may appoint a full guardian.
(g) If it is necessary to appoint a guardian, the court shall consider the ward's preference.
(h) At the time a guardian is appointed, the court shall make a reasonable effort to acquaint the ward with the ward's right to request, at a later time, the guardian's dismissal or a modification of the guardianship order. The court shall provide a written statement to the ward, explaining the ward's rights and specifying the procedures to be followed in petitioning the court.
Notes of Decisions
Cited in 5
cases (5 in the last 5 years), 2021–2025 · 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). “27 AS 13.26.251(a). 28 AS 13.26.251(b)-(c). -8- 7526 respondent.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “17 AS 13.26.251(b). 18 AS 13.26.251(c). 19 AS 13.”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “6 See AS 13.26.251. 7 See AS 13.26.251(f) (court may only appoint full guardian if court determines that “that the respondent is totally without capacity to care for the respondent and that a combination of alternatives to guardianship and the appointment of a partial guardian…”
In the Matter of the Prot. Proceeding of Amy D., 502 P.3d 5 (Alaska 2022). “34 AS 13.26.251(c). 35 See AS 13.26.266(b)(1)-(7).”
John Robert Douglas v. State of Alaska, John Robert Douglas v. State of Alaska, 527 P.3d 291 (Alaska Ct. App. 2023). “As we previously noted, the superior court 105 See AS 13.”
— Alaska Stat. § 13.26.251(a) — 2 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “27 AS 13.26.251(a). 28 AS 13.26.251(b)-(c). -8- 7526 respondent.”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “6 See AS 13.26.251. 7 See AS 13.26.251(f) (court may only appoint full guardian if court determines that “that the respondent is totally without capacity to care for the respondent and that a combination of alternatives to guardianship and the appointment of a partial guardian…”
— Alaska Stat. § 13.26.251(b) — 4 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “27 AS 13.26.251(a). 28 AS 13.26.251(b)-(c). -8- 7526 respondent.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “17 AS 13.26.251(b). 18 AS 13.26.251(c). 19 AS 13.”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “6 See AS 13.26.251. 7 See AS 13.26.251(f) (court may only appoint full guardian if court determines that “that the respondent is totally without capacity to care for the respondent and that a combination of alternatives to guardianship and the appointment of a partial guardian…”
John Robert Douglas v. State of Alaska, John Robert Douglas v. State of Alaska, 527 P.3d 291 (Alaska Ct. App. 2023). “As we previously noted, the superior court 105 See AS 13.”
— Alaska Stat. § 13.26.251(c) — 3 cases
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “17 AS 13.26.251(b). 18 AS 13.26.251(c). 19 AS 13.”
In the Matter of the Prot. Proceeding of Amy D., 502 P.3d 5 (Alaska 2022). “34 AS 13.26.251(c). 35 See AS 13.26.266(b)(1)-(7).”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “6 See AS 13.26.251. 7 See AS 13.26.251(f) (court may only appoint full guardian if court determines that “that the respondent is totally without capacity to care for the respondent and that a combination of alternatives to guardianship and the appointment of a partial guardian…”
— Alaska Stat. § 13.26.251(d) — 2 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “27 AS 13.26.251(a). 28 AS 13.26.251(b)-(c). -8- 7526 respondent.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “17 AS 13.26.251(b). 18 AS 13.26.251(c). 19 AS 13.”
— Alaska Stat. § 13.26.251(e) — 3 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “27 AS 13.26.251(a). 28 AS 13.26.251(b)-(c). -8- 7526 respondent.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “17 AS 13.26.251(b). 18 AS 13.26.251(c). 19 AS 13.”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “6 See AS 13.26.251. 7 See AS 13.26.251(f) (court may only appoint full guardian if court determines that “that the respondent is totally without capacity to care for the respondent and that a combination of alternatives to guardianship and the appointment of a partial guardian…”
— Alaska Stat. § 13.26.251(f) — 3 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “27 AS 13.26.251(a). 28 AS 13.26.251(b)-(c). -8- 7526 respondent.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “17 AS 13.26.251(b). 18 AS 13.26.251(c). 19 AS 13.”
ITMO Prot. Proceeding of S.J. (Alaska 2025). “6 See AS 13.26.251. 7 See AS 13.26.251(f) (court may only appoint full guardian if court determines that “that the respondent is totally without capacity to care for the respondent and that a combination of alternatives to guardianship and the appointment of a partial guardian…”
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