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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 26. Protection of Persons Under Disability and Their Property; Powers of Attorney
- Section 95. Testamentary Appointment of Guardian For Incapacitated Person.
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Section 90. Purpose and Basis For Guardianship.
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Section 100. Venue.
AS 13.26.095. Testamentary Appointment of Guardian For Incapacitated Person.
- (a) The parent of an incapacitated person may by will appoint a guardian of the incapacitated person. A testamentary
appointment by a parent becomes effective when, after having given seven days' prior written notice of intention to do
so to the incapacitated person and to the person having care of the incapacitated person or to the incapacitated
person's nearest adult relative, the guardian files acceptance of appointment in the court in which the will is
informally or formally probated, if, prior thereto, both parents are dead or the surviving parent is adjudged
incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority unless it
is terminated by the denial of probate in formal proceedings.
- (b) The spouse of a married incapacitated person may by will appoint a guardian of the incapacitated person. The
appointment becomes effective when, after having given seven days' prior written notice of intention to do so to the
incapacitated person and to the person having care of the incapacitated person or to the incapacitated person's nearest
adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally
probated. An effective appointment by a spouse has priority over an appointment by a parent unless it is terminated by
the denial of probate in formal proceedings.
- (c) This state recognizes a testamentary appointment effected by filing acceptance under a will probated at the testator's
domicile in another state.
- (d) On the filing with the court in which the will was probated of written objection to the appointment by the person for
whom a testamentary appointment of guardian has been made, the appointment is terminated. An objection does not
prevent appointment by the court in a proper proceeding of the testamentary nominee or any other suitable person upon
an adjudication of incapacity in proceedings under AS 13.26.100 - 13.26.155.
- (e) A testamentary appointment of a guardian by the parent of an incapacitated person, or by the spouse of a married
incapacitated person, may grant all guardianship powers and duties that the deceased parent or spouse held, subject to
modification by the court under AS 13.26.125.
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