Rule 15. Guardianship of a Minor

(a) Petition. A petition for guardianship of a minor must

state the name, address and telephone number of the petitioner

and any living parents of the minor, as well as the person

having principal care and custody of the minor for the 60 days

preceding the date of the petition. A petition involving a minor

must also state the date of birth of the minor and state whether

the minor is or is not an Indian child as defined by the Indian

Child Welfare Act. The petition must be verified by the

petitioner or signed by an attorney representing the petitioner.

(b) Notice. Notice must be given as provided in AS

13.06.110 and AS 13.26.060. In a petition for guardianship of

an Indian child as defined in the Indian Child Welfare Act,

notice must be sent to the child’s tribe, which may move to

intervene as provided by 25 U.S.C. Section 1911(c). However,

notice is not required if the parents of the Indian child agree in

writing to the guardianship and file a statement that the tribe

has not been served with notice in order to protect the privacy

of the parents.

(c) Nomination of Proposed Guardian. Any party or

other person nominating a person or entity as a guardian for a

minor must notify the proposed guardian of the nomination

and of the date and time of the hearing on the petition, unless

notice is waived by the court for good cause.

(d) Letters of Guardianship. Letters of guardianship of

a minor may not issue without the written acceptance of the

person to be named guardian. The acceptance must state that

the person has read and understands the duties and powers of a

guardian of a minor as stated by AS 13.26.167.

(e) Reporting. A guardian of a minor ward shall file a

brief annual report on the welfare of the minor and the

condition of the minor’s estate.

of guardianship of

a minor may not issue without the written acceptance of the

person to be named guardian. The acceptance must state that

the person has read and understands the duties and powers of a

guardian of a minor as stated by AS 13.26.167.

(e) Reporting. A guardian of a minor ward shall file a

brief annual report on the welfare of the minor and the

condition of the minor’s estate.

(f) Application of the Indian Child Welfare Act and

Regulations. In all cases involving an Indian child, the

statutory provisions of 25 U.S.C. 1901 et seq., and the ICWA

regulations at 25 C.F.R. Part 23, published at 81 Fed Reg.

38778 (June 14, 2016) and effective December 12, 2016, shall

apply.

(g) Transition to Adult Guardianship. A petition for

an adult guardianship under Rule 16 may be filed for a minor

ward who will turn 18 years old within 120 days of the petition

filing date, unless otherwise ordered by the court for good

cause shown.

Note:

Chapter 64 SLA 2005 (HB 53) enacted extensive

changes to the child in need of aid and adoption statutes.

According to section 60(a) of the Act, AS 13.26.064, enacted

by section 2, amends Probate Rule 15 by providing that

retained privileges be set out in the guardianship decree and by

providing additional procedures related to a voluntary

relinquishment of parental rights.