(Revision. 11/1/18)
AS 13.26.005 Definitions and Use of Terms
AS 13.26.201-316 Guardians of Incapacitated Persons
AS 47.10.115 Permanent Fund Dividend
42 U.S.C. 675(5)(C) Definitions (Title IV-E)
To facilitate the appointment of an adult guardian or conservator for young adults age 17 or older in OCS custody who are in need of an adult guardian or conservator.
Adult guardianship for an incapacitated person shall be used only as necessary to promote and protect the well-being of the person. An incapacitated person for whom a guardian has been appointed is not presumed to be incompetent and retains all legal and civil rights except those that have been expressly limited by court order or have been specifically granted to the guardian by the court.
Adult guardianship will be evaluated for all youth who may require court-ordered assistance to live independently.
The conservatorship will be evaluated for all youth determined to have an inability to manage their financial affairs in adulthood but otherwise able to care for themselves.
OCS will begin to evaluate youth who may require an adult guardian or conservator when the youth in custody turns 17 years old.
The youth’s transition plan will address the steps needed to attain adult guardianship or conservatorship. The transition plan will address all actions needed to ensure that the youth retains eligibility for benefits for which the youth is eligible and that application is made for benefits the youth may become eligible for when reaching age 18.
Planning for adult guardianship or conservatorship will involve the youth’s guardian ad litem (GAL) or Court Appointed Special Advocate (CASA), and other parties to the case.
Once the guardianship referral is initiated, OCS may not release custody of the youth until the guardianship or conservatorship process has concluded with a court order.