Alaska Statutes
Alaska Stat. § 13.26.291 (2026)
Costs in guardianship proceedings
✓ current as of July 2026
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Sec. 13.26.291. Costs in guardianship proceedings.
(a) Subject to (d) of this section, the Alaska Court System shall bear the costs of the visitor and expert appointed under AS 13.26.226(c).
(b) Subject to (c) and (d) of this section, the respondent shall bear the costs of the attorney appointed under AS 13.26.226(b), of the expert appointed under AS 13.26.241(d), of the guardian ad litem appointed under AS 13.26.041, and of other court and guardianship costs incurred under this chapter.
(c) The state shall pay all or part of the costs described in (b) of this section if the court finds that the payment is necessary to prevent the respondent from suffering financial hardship or from becoming dependent upon a government agency or a private person or agency.
(d) The court may require the petitioner to pay all or some of the costs described in (a) and (b) of this section if the court finds that the petitioner initiated a proceeding under this chapter that was malicious, frivolous, or without just cause.
(a) Subject to (d) of this section, the Alaska Court System shall bear the costs of the visitor and expert appointed under AS 13.26.226(c).
(b) Subject to (c) and (d) of this section, the respondent shall bear the costs of the attorney appointed under AS 13.26.226(b), of the expert appointed under AS 13.26.241(d), of the guardian ad litem appointed under AS 13.26.041, and of other court and guardianship costs incurred under this chapter.
(c) The state shall pay all or part of the costs described in (b) of this section if the court finds that the payment is necessary to prevent the respondent from suffering financial hardship or from becoming dependent upon a government agency or a private person or agency.
(d) The court may require the petitioner to pay all or some of the costs described in (a) and (b) of this section if the court finds that the petitioner initiated a proceeding under this chapter that was malicious, frivolous, or without just cause.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2018–2021 · leading case: Cottini v. Berggren, 420 P.3d 1255 (Alaska 2018).
Cottini v. Berggren, 420 P.3d 1255 (Alaska 2018). “The superior court denied the agent's request for attorney's fees because the dispute occurred in the context of a guardianship proceeding and because the request did not meet the requirements of AS 13.26.291, which governs cost-shifting in guardianship proceedings.”
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “” (emphases added)); see also AS 13.26.291(a) (“[T]he state shall bear the costs of the visitor and expert appointed under AS 13.”
Olena Berggren & the Est. of John Berggren. v. Marc Cottini (Alaska 2021). “We reversed, holding that it was “entirely coincidental that Cottini’s request arose within the context of a guardianship proceeding” and concluding that “AS 13.26.291 does not provide the applicable rule of decision in this dispute.”
— Alaska Stat. § 13.26.291(a) — 1 case
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “” (emphases added)); see also AS 13.26.291(a) (“[T]he state shall bear the costs of the visitor and expert appointed under AS 13.”
— Alaska Stat. § 13.26.291(b) — 1 case
Cottini v. Berggren, 420 P.3d 1255 (Alaska 2018). “The superior court denied the agent's request for attorney's fees because the dispute occurred in the context of a guardianship proceeding and because the request did not meet the requirements of AS 13.26.291, which governs cost-shifting in guardianship proceedings.”
— Alaska Stat. § 13.26.291(d) — 2 cases
Cottini v. Berggren, 420 P.3d 1255 (Alaska 2018). “The superior court denied the agent's request for attorney's fees because the dispute occurred in the context of a guardianship proceeding and because the request did not meet the requirements of AS 13.26.291, which governs cost-shifting in guardianship proceedings.”
Olena Berggren & the Est. of John Berggren. v. Marc Cottini (Alaska 2021). “We reversed, holding that it was “entirely coincidental that Cottini’s request arose within the context of a guardianship proceeding” and concluding that “AS 13.26.291 does not provide the applicable rule of decision in this dispute.”
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