Alaska Statutes
Alaska Stat. § 13.26.401 (2026)
Protective proceedings
✓ current as of July 2026
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Sec. 13.26.401. Protective proceedings.
Upon petition and after notice and hearing in accordance with the provisions of AS 13.26.401 — 13.26.575, the court may appoint a conservator or issue another protective order for cause as follows:
(1) appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that
(A) a minor owns money or property that requires management or protection that cannot otherwise be provided;
(B) the minor has or may have business affairs that may be jeopardized or prevented by the status of being a minor; or
(C) funds are needed for the minor's support and education and protection is necessary or desirable to obtain or provide funds;
(2) appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that
(A) the person is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, detention by a foreign power, or disappearance; and
(B) the person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and protection is necessary or desirable to obtain or provide funds.
Upon petition and after notice and hearing in accordance with the provisions of AS 13.26.401 — 13.26.575, the court may appoint a conservator or issue another protective order for cause as follows:
(1) appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that
(A) a minor owns money or property that requires management or protection that cannot otherwise be provided;
(B) the minor has or may have business affairs that may be jeopardized or prevented by the status of being a minor; or
(C) funds are needed for the minor's support and education and protection is necessary or desirable to obtain or provide funds;
(2) appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that
(A) the person is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, detention by a foreign power, or disappearance; and
(B) the person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and protection is necessary or desirable to obtain or provide funds.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2019–2025 · leading case: Downs v. Downs, 440 P.3d 294 (Alaska 2019).
Downs v. Downs, 440 P.3d 294 (Alaska 2019). “" AS 13.26.401(2)(A)-(B). A public guardian is appointed when no suitable private guardian or conservator is available.”
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “” AS 13.26.401(2). -2- 7526 was unable to attend to her own physical needs and Cliff was unable to care for Nora.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “23 AS 13.26.401(2). 24 AS 13.26.201; see also AS 13.”
— Alaska Stat. § 13.26.401(2) — 2 cases
In the Matter of the Prot. Proceeings of Nora D., 485 P.3d 1058 (Alaska 2021). “” AS 13.26.401(2). -2- 7526 was unable to attend to her own physical needs and Cliff was unable to care for Nora.”
In the Matter of the Prot. Proceedings of G.J.F (Alaska 2025). “23 AS 13.26.401(2). 24 AS 13.26.201; see also AS 13.”
— Alaska Stat. § 13.26.401(2)(A) — 1 case
Downs v. Downs, 440 P.3d 294 (Alaska 2019). “" AS 13.26.401(2)(A)-(B). A public guardian is appointed when no suitable private guardian or conservator is available.”
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