Who can petition the court for a guardianship?

In Alaska, anyone 18 years or older can petition the court for a guardianship. This could include family members, social workers, or any other person the court deems is a suitable candidate. Generally, the person petitioning the court must be of sound mind and not currently subject to any legal incapacitation, such as imprisonment or hospitalization. The petition for guardianship must include background information about the petitioner, documentation of the individual’s incapacity, and the reasons why the petitioner has come to believe that the guardianship is necessary. The court must be presented with a variety of evidence that demonstrates why the guardianship is in the best interests of the individual in question. It is also necessary for the petitioner to name a suitable guardian if a guardianship is granted, with the guardian having to prove to the court that they have the knowledge and capacity to provide for the needs of the incapacitated person. The guardian must be willing to provide for the financial, physical, psychological, and social needs of the person. Once a guardianship is approved, the guardian is then responsible for providing any medical care, legal assistance, and other necessary services for the individual. The guardian must also report to the court regarding the health and wellbeing of the individual.

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