The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons:
(1) while a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice to others, the court has power to preserve and apply the property of the person to be protected as may be required for the person's benefit or the benefit of the person's dependents;
(2) after hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor without other disability, the court has all those powers over the estate and affairs of the minor which are or might be necessary for the best interests of the minor, the minor's family and members of the minor's household;
(3) after hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court has, for the benefit of the person and members of the person's household, all the powers over the person's estate and affairs which the person could exercise if present and not under disability, except the power to make a will; these powers include, but are not limited to, power to make gifts, to convey or release contingent and expectant interests in property including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety, to exercise or release powers as trustee, personal representative, custodian for minors, conservator, or donee of a power of appointment, to enter into contracts, to create revocable or irrevocable trusts of property of the estate which may extend beyond the person's disability or life, to exercise options of the disabled person to purchase securities or other property, to exercise rights to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value, to exercise the right to an elective share in the estate of a deceased spouse, and to renounce any interest by testate or intestate succession or by inter vivos transfer;
(4) the court may exercise, or direct the exercise of its authority to exercise or release powers of appointment of which the protected person is donee, to renounce interests, to make gifts in trust or otherwise exceeding 20 percent of any year's income of the estate, or to change beneficiaries under insurance and annuity policies, only if satisfied, after notice and hearing, that it is in the best interests of the protected person, and that the protected person either is incapable of consenting or has consented to the proposed exercise of power;
(5) an order made pursuant to this section determining that a basis for appointment of a conservator or other protective order exists, has no effect on the capacity of the protected person.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney
Article 4. Protection of Property of Persons Under Disability and Minors.
Sec. 13.26.401. Protective proceedings.
Sec. 13.26.406. Protective proceedings; jurisdiction of affairs of protected persons.
Sec. 13.26.415. Original petition for appointment or protective order.
Sec. 13.26.425. Protective proceedings; request for notice; interested person.
Sec. 13.26.430. Procedure concerning hearing and order on original petition.
Sec. 13.26.435. Permissible court orders.
Sec. 13.26.440. Protective arrangements and single transactions authorized.
Sec. 13.26.445. Temporary conservators.
Sec. 13.26.450. Ex parte protective orders.
Sec. 13.26.455. Temporary protective orders; conversions.
Sec. 13.26.460. Protective orders; modification; third-party compliance; forms; fees.
Sec. 13.26.465. Who may be appointed conservator; priorities.
Sec. 13.26.475. Terms and requirements of bonds.
Sec. 13.26.480. Acceptance of appointment; consent to jurisdiction; notice.
Sec. 13.26.485. Compensation and expenses.
Sec. 13.26.490. Death, resignation, or removal of conservator.
Sec. 13.26.495. Petitions for orders subsequent to appointment.
Sec. 13.26.500. General duty of conservator.
Sec. 13.26.505. Inventory, implementation report, and records.
Sec. 13.26.515. Visitor reports.
Sec. 13.26.520. Conservators; title by appointment.
Sec. 13.26.525. Recording of conservator's letters.
Sec. 13.26.530. Sale, encumbrance, or transaction involving conflict of interest voidable.
Sec. 13.26.535. Persons dealing with conservators; protection.
Sec. 13.26.540. Powers of conservator in administration.
Sec. 13.26.545. Distributive duties and powers of conservator.
Sec. 13.26.550. Enlargement or limitation of powers of conservator.
Sec. 13.26.555. Preservation of estate plan.
Sec. 13.26.560. Claims against estate and protected person; enforcement.
Sec. 13.26.565. Individual liability of conservator.
Sec. 13.26.570. Termination of proceeding.