Powers and Duties of a Full Guardian of an Adult February 2010 Alaska Court System For information about how to petition the court for appointment of a guardian, see the Adult Guardianship Petition Packet (PG-500) This pamphlet and the forms mentioned in it are available on the court system's website: www.courts.alaska.gov/forms/index.htm Another helpful website is the Alaska Public Guardian's: www.doa.alaska.gov/opa/pg/home.html PG-510 (2/10)(buff cvr)(duplex) American LegalNet, Inc. www.FormsWorkFlow.com © Copyright 2006 and 2010 Alaska Court System All rights reserved. Permission to reproduce the contents of this booklet, but not for profit, is hereby granted to governmental and educational institutions. However, reproduction of any part of this booklet for commercial purposes without the express written permission of the Alaska Court System is strictly prohibited. American LegalNet, Inc. www.FormsWorkFlow.com Contents Page 1. Required Training 2. Required Reports to the Court 3. Duties to the Ward 4. Payment of the Guardian 5. Three-Year Review 6. Requests to Change the Guardianship 7. Death of the Ward 8. Additional Information a. Statutes and Court Rules on Guardian's Powers and Duties b. Other Resources on How to be a Guardian 9. Definitions 10. Forms a. PG-120, Affirmation ­ Education Requirement Satisfied b. PG-195, Notice of Change of Address c. Sample Monthly Budget Form 1 2 3 7 8 8 8 9 14 15 16 17 American LegalNet, Inc. www.FormsWorkFlow.com Guardianship A guardian is a person appointed by the court to protect the rights and manage the affairs of an incapacitated person or a minor. The individual being cared for is called the ward. The court order appointing the guardian will specify whether a full or partial guardian is being appointed and describe the guardian's powers and duties. This booklet discusses the duties of a full guardian. 1. Required Training a. Non-Professional Guardians. If the guardian is not engaged in the business of providing guardian services, the guardian must complete one hour of mandatory education on the basics of guardianship and conservatorship and file proof of completion with the court within 30 days after the guardian's appointment order is distributed.1 The guardian should fill out the PG-120 Affirmation form, explaining what the guardian did to satisfy the education requirement, and file it with the court. (See page 15.) Unless the court directs otherwise, the one-hour education requirement can be satisfied in a number of ways, including any combination of the following: (1) (2) reading this booklet about the duties of a guardian, viewing the 30-minute video "Becoming a Guardian or Conservator in Alaska" produced by the Alaska State Association of Guardianship and Advocacy (ASAGA) [available at most courts and online at www.courts.alaska.gov/guardianship.htm#education], reviewing the ASAGA "Family Guardian Education Materials" binder of information on the duties and responsibilities of a guardian [available at most courts and municipal libraries], attending classes offered by the Public Guardian's Office. (See the schedule on their website (on cover) or call 269-3500 in Anchorage.) (3) (4) b. Professional Guardians. Persons (including companies and other organizations) who engage in the business of providing guardian services must be licensed by the Department of Commerce, Community and Economic Development.2 1 2 AS 13.26.145(c) and 13.26.210(g) AS 8.26.010 1 American LegalNet, Inc. www.FormsWorkFlow.com PG-510 (2/10) Powers and Duties of a Full Guardian 2. Required Reports to the Court. (All these forms are available on the court website: www.courts.alaska.gov/forms/index.htm Court addresses are also on the website.) a. Change of Address. Any time the ward or the guardian changes his/her address or telephone number, the guardian must immediately send written notice to the court and all parties in the guardianship case.3 You can use the PG-195 Notice of Change of Address form on page 16. Include your case number whenever you write to the court about your case. b. Guardianship Plan. Within 30 days after the guardian's appointment order is distributed by the court, the guardian must give the court a Guardianship Plan.4 (Use form PG-401.) The Guardianship Plan must describe the guardian's plans for caring for the ward. The Plan must be designed to encourage the ward to participate in all decisions affecting the ward to the maximum extent possible. The Plan may not restrict the ward's liberty more than is reasonably necessary to protect the ward and to provide for the ward's needs.5 c. A Guardianship Implementation Report and Inventory of the Estate must be filed with the court within 90 days after distribution of the guardian's appointment order.6 (Use form PG-205.) The purpose of this report is to give the court as complete a picture as possible of the ward's current situation and what the guardian is going to do to implement the guardianship plan. d. Guardianship Annual Reports must be filed each year until the guardianship is terminated. (Use form PG-210.) This report describes to the court what has happened to the ward and the ward's income and assets in the past 12 months. Unless different dates are set in the appointment order, the report must cover the 12-month period beginning the 1st of the month in which the appointment order is signed and ending 12 months later. This 12-month period is called "the reporting period." The report is due 30 days after the end of the reporting period. [For example, if the order is signed anytime in 3 4 5 6 Probate Rule 14(c) Probate Rule 16(e)(1) AS 13.26.116(c) AS 13.26.117 & .250; Probate Rules 16(e)(1)(A) & 17(e) 2 American LegalNet, Inc. www.FormsWorkFlow.com PG-510 (2/10) Powers and Duties of a Full Guardian January, the reporting period will be January 1 to December 31; and a report will be due each January 31.] 7 e. A Final Guardianship Report must be filed when the guardianship ends or the guardian is replaced.8 (Use form PG-215.) 3. Duties to the Ward A full guardian has nearly the same powers and duties to the ward as a parent does to a minor child. However, the guardian does not have to use the guardian's own funds to pay for the care and maintenance of the ward, and the guardian is not personally liable for harm done by the ward. Two statutes that describe these powers and duties (AS 13.26.150(c) and AS 13.26.116(b)) are printed on pages 11-13 of this booklet. Although you have th