Notice Of Guardianship Hearing (To Interested Persons) Form. This is a Alaska form and can be use in Probate Guardianship Statewide.
Tags: Notice Of Guardianship Hearing (To Interested Persons), PG-115, Alaska Statewide, Probate Guardianship
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT _______________ In the Matter of the Protective Proceeding of ) ) ) ) ) ) ) ) Respondent , CASE NO. NOTICE OF GUARDIANSHIP HEARING (To Interested Persons) The court has been asked to appoint a guardian for the above-named respondent. The court will hold a hearing on this matter on: Date and Time: Court Address: Courtroom: Judge or Master: You are not required to attend this hearing unless you are called as a witness. Purpose of Hearing. At the hearing, the court will decide whether the respondent needs a guardian because respondent's ability to understand information or communicate decisions has become so limited that it endangers his/her physical health or safety. Possible Consequences. If the court decides to appoint a guardian, the guardian may have the power to make many decisions for the respondent, including decisions about where the respondent will live and what medical care the respondent will receive. The guardian may also have control of the assets and income of the respondent. Alternatively, the court may decide to appoint only a partial guardian who will have more limited powers. Or, the court may decide not to appoint a guardian at all or to order an alternative form of protection. Respondent's Rights. a. Visitor's Interview. The court has appointed a "visitor" to interview the respondent, gather other information about the case and report this information to the court before the hearing. Before being interviewed by the visitor, the respondent has the right to talk to an attorney or an expert in the field of respondent's alleged incapacity. Attorney. The respondent has the right to be represented by an attorney. The respondent may hire his/her own attorney. If the respondent is financially unable to hire an attorney, the court must appoint the Office of Public Advocacy to represent the respondent. If the respondent does not have an attorney, then before the visitor's interview, the visitor must give the respondent the name, address and telephone number of the court-appointed attorney who will help the respondent, and the visitor must offer to help the respondent contact the attorney. Medical Expert. The court must appoint a person with expertise in the area of respondent's alleged incapacity to examine the respondent and report to the court. The respondent may hire or ask the court to appoint a different expert to testify on respondent's behalf. b. c. Page 1 of 3 PG-115 (3/17)(cs) AS 13.26.296, .041, .226, .231, .241, .251, .256, & AS 13.06.110 NOTICE OF GUARDIANSHIP HEARING (To Interested Persons) Probate Rule 16(b) American LegalNet, Inc. www.FormsWorkFlow.com d. Examinations and Evaluations. The respondent has the right to refuse to respond to questions during examinations and evaluations. However, respondent may be required to submit to interviews for the purpose of ascertaining whether he/she lacks the capacity to make informed decisions about care and treatment services. The respondent has the right to be accompanied by an attorney or expert during interviews and tests. Evaluation Report. After the reports of the visitor and the expert are filed with the court, the respondent may file responses to these reports. Guardian Ad Litem. The respondent can ask the court to appoint a "guardian ad litem" if the respondent cannot determine his/her own best interests without assistance (because his/her ability to understand the guardianship proceedings or make decisions about them is impaired). If appointed, the guardian ad litem will help the respondent determine what is best for respondent in this legal case. If respondent is entirely incapable of making that determination, the guardian ad litem will make it. The Office of Public Advocacy will provide this service at state expense if the court determines that respondent cannot afford it. Rights at the Hearing. At the hearing, respondent has the right to (1) present evidence on his/her own behalf, (2) cross-examine witnesses who testify against him/her, (3) remain silent, (4) have the hearing open or closed to the public as he/she decides, (5) be present unless the court determines that his/her conduct in the courtroom is so disruptive that the proceedings cannot reasonably continue with him/her present, and (6) be tried by a jury on the issue of incapacity. The respondent has a right to participate to the maximum extent possible in all judicial proceedings concerning him/her and to be free from the influence of psychotropic medication during the proceedings. If the respondent is taking such medication, the court must decide whether to continue or suspend the medication during the court proceedings. e. f. g. h. Dismissal of Guardian. If a guardian is appointed, the respondent has the right to request, at a later time, that the guardian be dismissed or that the guardianship order be changed. Date Petitioner American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 3 PG-115 (3/17)(cs) AS 13.26.296, .041, .226, .231, .241, .251, .256, & AS 13.06.110 NOTICE OF GUARDIANSHIP HEARING (To Interested Persons) Probate Rule 16(b) Certificate of Service [Write names on the blank lines and check the boxes that show how notice was delivered.] I certify that on Respondent's spouse Respondent's parents All respondent's adult children (list names): by by by by by by first class mail first class mail first class mail first class mail first class mail first class mail hand delivery by hand delivery by hand delivery by hand delivery by hand delivery by hand delivery by (date) , a copy of this notice was mailed or delivered to: (name) (names) by certified mail * by process server certified mail * process server None of the above relatives of respondent could be notified, so the notice was sent to the following close adult relative of respondent: Relationship to respondent: by by by by by first class mail first class mail first class mail first class mail first class mail hand delivery by hand delivery by hand delivery by hand delivery by hand delivery by Respondent's conservator (if one has been appointed): The person who currently has care and custody of respondent: Respondent's attorney: Respondent's guardian ad litem (if one has been appointed): Also, because I am asking the court to appoint a full guardian, with the powers of a conservator, I mailed or delivered a copy of this notice to the following persons on the date listed above: The following persons to whom the court has directed t