# Alaska Stat. § 13.26.041: Appointment of a guardian ad litem

> Alaska · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.041

## Section

- **Citation:** Alaska Stat. § 13.26.041
- **Heading:** Appointment of a guardian ad litem
- **Jurisdiction:** Alaska
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AK Code / Title 13 / Chapter 13.26 / Section 13.26.041

## Text

(a) Upon the request of a ward, protected person, or respondent, or the attorney of a ward, protected person, or respondent, the court shall appoint a guardian ad litem to protect the rights of the ward, protected person, or respondent in proceedings under AS 13.26.201  13.26.580. The court shall make the appointment if the court is satisfied that, because of impaired ability effectively to receive and evaluate information regarding the proceedings or because of impaired ability to communicate decisions regarding the proceedings, the ward, protected person, or respondent is incapable of determining the ward's, protected person's, or respondent's position regarding the issues involved in the pending proceedings, and (1) a guardian or conservator has not been appointed;

(2) the interests of the ward, protected person, or respondent conflict with those of the ward's, protected person's, or respondent's guardian or conservator; or

(3) the appointment is otherwise in the interests of justice.

(b) The guardian ad litem shall assist the ward, protected person, or respondent in determining the ward's, protected person's, or respondent's interests in regard to the legal proceedings that involve the ward, protected person, or respondent. If the ward, protected person, or respondent is entirely incapable of determining those interests, the guardian ad litem shall make the determination of those interests and advise the court and counsel for all parties accordingly. The guardian ad litem shall (1) inquire thoroughly into all the circumstances that a prudent ward, protected person, or respondent would consider in determining the ward's, protected person's, or respondent's own interests in the proceedings, including any prior relevant statements made or actions taken by the ward, protected person, or respondent; and

(2) encourage the ward, protected person, or respondent to participate, to the maximum extent possible, in all decisions and to act on the ward's, protected person's, or respondent's own behalf on all matters in which the ward, protected person, or respondent is able.

(c) The attorney for the ward, protected person, or respondent may be appointed as the guardian ad litem for the ward, protected person, or respondent if there is no other party readily available and able to serve as a guardian ad litem and the court determines that the appointment is appropriate under the standards set out in (a) of this section. When a person who has been appointed by the court as the attorney for the ward, protected person, or respondent is appointed to act as the guardian ad litem for the ward, protected person, or respondent under this subsection, the appointment of the person as the attorney ends, and the person appointed as the guardian ad litem shall act exclusively as a guardian ad litem for the ward, protected person, or respondent.

(d) The office of public advocacy shall provide guardian ad litem services to persons who would suffer financial hardship or become dependent upon a government agency or a private person or agency if the services were not to be provided at state expense.

## Nearby sections

- [Alaska Stat. § 13.26.001 Adoption of standards of practice.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.001.md)
- [Alaska Stat. § 13.26.005 Definitions and use of terms.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.005.md)
- [Alaska Stat. § 13.26.010 Jurisdiction of subject matter; consolidation of proceedings.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.010.md)
- [Alaska Stat. § 13.26.021 Court records of proceedings; access; sealing.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.021.md)
- [Alaska Stat. § 13.26.031 Facility of payment or delivery.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.031.md)
- [Alaska Stat. § 13.26.041 Appointment of a guardian ad litem.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.041.md)
- [Alaska Stat. § 13.26.051 Delegation of powers over incapacitated adult by parent or guardian.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.051.md)
- [Alaska Stat. § 13.26.066 Delegation of powers over minor child.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.066.md)
- [Alaska Stat. § 13.26.101 Status of guardian of minor; general.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.101.md)
- [Alaska Stat. § 13.26.121 Testamentary appointment of guardian of minor.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.121.md)
- [Alaska Stat. § 13.26.126 Objection by minor of 14 or older to testamentary appointment.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.126.md)
- [Alaska Stat. § 13.26.132 Court appointment of guardian of minor; conditions for appointment.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.132.md)
- [Alaska Stat. § 13.26.137 Venue for proceedings.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.137.md)
- [Alaska Stat. § 13.26.143 Court appointment of guardian of minor; qualifications; priority of minor's nominee and adult family member.](https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.143.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AK_T13_C13.26_S13.26.041. Check the current official text before relying on it. Not legal advice.
