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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 200. Permissible Court Orders.
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Section 195. Procedure Concerning Hearing and Order On Original Petition.
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Section 205. Protective Arrangements and Single Transactions Authorized.
AS 13.26.200. Permissible Court Orders.
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.
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