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Alaska Administrative Code (Last Updated: January 12, 2017) |
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Title 2. Administration. |
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Chapter 2.60. Office of Public Advocacy. |
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Article 2.60.2. Fees for Guardian and Conservator Services. |
Section 2.60.120. Definitions.
Latest version.
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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.
Authorities
13.26.410;44.21.410