Title 2 . Administration

Chapter 60 . Public Information

Section 120. Definitions

2 AAC 60.120. Definitions

Unless the context indicates otherwise, as used in 2 AAC 60.070 - 2 AAC 60.120,

(1) "annual court report" means the annual report required by AS 13.26.118 (a) or any other client-related annual accounting report ordered by the court;

(2) "case opening" means the internal administrative process used by OPA in establishing a temporary or permanent guardianship or conservatorship case, including the following:

(A) applying to be payee on a client's funds;

(B) collecting and reviewing necessary financial, legal, medical, or social information pertaining to a client or a client's estate;

(C) opening bank or other financial accounts on a client's behalf;

(D) assigning OPA representatives to perform guardianship and conservatorship responsibilities for a client;

(E) collecting and receiving property for a client;

(F) creating files, summaries, and other documentary information necessary for the management of a client or a client's estate; and

(G) all other activities related to preparing for and assuming the responsibilities of guardian or conservator;

(3) "client" means a ward as defined in AS 13.26.005 (10), or a protected person as defined in AS 13.26.005 (16), for whom OPA has been appointed full, partial, or temporary guardian or conservator;

(4) "costs" means those amounts expended by OPA to provide reasonable services to a client, including transportation and lodging for its employees, court visitors, and respondent's counsel;

(5) "estate" means all property and assets owned by a client, including the following:

(A) cash;

(B) savings accounts;

(C) checking accounts;

(D) native corporation interests;

(E) certificates of deposit;

(F) money market accounts;

(G) commercial fishing permits;

(H) bonds, stocks, negotiable securities, or other instruments;

(I) mutual fund shares;

(J) other tangible personal property; and

(K) real estate;

(6) "fee" or "fees" means any amounts charged or collected by OPA against a client or a client's estate for guardianship or conservatorship services, including case opening fees, monthly guardianship or conservatorship service fees, and fees for the sale or management of real or personal property;

(7) "financial hardship" means that the total value of liquid assets of a living client would be inadequate to provide or obtain residential care, food, housing, medical care and other treatment, or other goods or services vital to the well-being of the client or the client's dependents, resulting in the risk of harm to the client or the client's dependents;

(8) "guardianship and conservatorship services" means work performed by OPA and its representatives after appointment as a guardian or conservator by the court, and all guardianship and conservatorship services performed on behalf of a client, including the following:

(A) application for and maintenance of eligibility for entitlement programs and any other benefits for which a client is eligible;

(B) preparation and filing of periodic court reports, inventories, and annual and final accounts;

(C) sale or other disposition of real or personal property;

(D) managing assets of an estate;

(E) securing residential placements and transfers;

(F) monitoring, evaluating, and consenting to medical treatment and habilitation programming;

(G) appearing for and representing a client in legal and administrative proceedings;

(H) procuring other outside services for the benefit of a client or a client's estate; and

(I) quarterly and other visits as necessary to provide an active guardianship or conservatorship program;

(9) "inventory" means a list of all property owned by a client that is filed with the court by OPA;

(10) "liquid assets" means the portion of a client's estate comprised of cash, negotiable instruments, dividends, or other similar property that is readily convertible to cash and has a readily ascertainable fixed value, including the following:

(A) savings accounts;

(B) checking accounts;

(C) certificates of deposit;

(D) money market accounts;

(E) bonds;

(F) stock;

(G) negotiable securities or other instruments; and

(H) mutual fund shares;

(11) "OPA" means the Office of Public Advocacy.

History: Eff. 3/25/95, Register 133

Authority: AS 13.26.410

AS 44.21.410