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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 26. Protection of Minors and Incapacitated Persons and Their Property; Powers of Attorney
- Section 440. Protective Arrangements and Single Transactions Authorized.
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Section 435. Permissible Court Orders.
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Section 445. Temporary Conservators.
AS 13.26.440. Protective Arrangements and Single Transactions Authorized.
(a) If it is established in a proper proceeding that a basis exists as described in AS 13.26.401
for affecting the property and affairs of a person the court, without appointing a conservator, may authorize, direct,
or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the
foreseeable needs of the protected person. Protective arrangements include, but are not limited to, payment, delivery,
deposit, or retention of funds or property, sale, mortgage, lease, or other transfer of property, entry into an annuity
contract, a contract for life care, a deposit contract, a contract for training and education, or addition to or
establishment of a suitable trust.
(b) When it has been established in a proper proceeding that a basis exists as described in AS 13.26.401
for affecting the property and affairs of a person the court, without appointing a conservator, may authorize, direct,
or ratify any contract, trust, or other transaction relating to the protected person's financial affairs or involving
the person's estate if the court determines that the transaction is in the best interests of the protected person.
(c) Before approving a protective arrangement or other transaction under this section, the court shall consider the
interests of creditors and dependents of the protected person and, in view of the protected person's disability,
whether the protected person needs the continuing protection of a conservator. If only certain powers need be given to
the conservator or the services of a conservator are needed only for a limited number of transactions, a special
conservator may be appointed. The court may appoint a special conservator to assist in the accomplishment of any
protective arrangement or other transaction authorized under this section who shall have the authority conferred by the
order and serve until discharged by order after report to the court of all matters carried out under the order of
appointment.
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