Understanding Whether Appointment as Guardian of the Person Also Makes You Guardian of the Estate in Alaska

Short answer: No. In Alaska, being appointed guardian of the person does not automatically give you authority over the ward’s money and property. The court makes separate appointments for personal-care decisions and for control of the estate (financial decisions). See Alaska statutes and court guidance for the governing rules: Alaska Statutes, Title 13 and the Alaska Courts guardianship information at public.courts.alaska.gov.

Detailed answer — what this means and why the court treats them separately

Alaska separates two different roles because they involve different responsibilities and risks:

Guardian of the person — responsible for the ward’s personal needs: where the person lives, daily care, medical decisions (if the ward lacks capacity to make those decisions), school or social services, and personal safety.
Guardian of the estate / Conservator — responsible for handling the ward’s financial affairs: paying bills, managing investments, collecting income, protecting assets, and filing required financial reports with the court.

The court typically reviews evidence and holds a hearing before appointing either role. The standards the court uses for appointing someone to care for a person (medical evidence, need for personal-care decisions) differ from the standards and safeguards used for appointing someone to control money (bond, accountings, court supervision).

Because the roles are distinct, the court may appoint one person to both roles, but it must do so explicitly. If you were appointed only as guardian of the person, you do not automatically get authority to access bank accounts, sell property, or make other financial transactions on behalf of the ward. To obtain those powers you must ask the court for a separate appointment or petition for appointment as guardian of the estate (sometimes called a conservator) and meet the statutory/process requirements for that role.

Typical steps to become guardian of the estate (conservator) in Alaska

Procedures vary by case, but the common steps include:

File a petition for appointment as guardian of the estate (conservatorship) with the appropriate probate/guardian court. The Alaska Courts self-help pages explain forms and local requirements: Alaska Court System — Guardianship & Conservatorship.
Provide notice to the proposed ward and interested persons.
Supply supporting evidence (medical evaluations regarding incapacity, financial information about the ward’s assets and liabilities).
Attend a court hearing where a judge determines whether appointment is necessary and whether you are suitable for the role.
If appointed, the court may require a bond, set the scope of powers, and order periodic accountings and reports to the court.

Always check the local court’s procedural rules and forms. The Alaska Court System’s self-help pages and local probate clerk can tell you what specific forms and notices are required in your judicial district.

Common powers and limits — what the court may and may not allow

Powers typically given to a guardian of the estate include collecting income, paying bills, managing investments, selling property when authorized by the court, and filing tax returns.
The court can limit powers (for example, require court approval before selling real estate or making major gifts).
The guardian of the person can usually make routine personal-care choices but does not have authority to spend the ward’s money unless the court also appoints them guardian of the estate or authorizes specific limited transactions.

Hypothetical example

Suppose Maria is appointed guardian of her father’s person because he has dementia and cannot manage his medical care. Maria may decide where he lives and consent to routine medical treatments. But she cannot lawfully withdraw money from his bank account to pay his bills or sell his house—unless she also petitions the court and is appointed guardian of the estate (or is otherwise authorized by the court). The court will require documentation about his assets and may require Maria to post a bond and file periodic accountings.

When one appointment might cover both roles

The court can appoint the same person to serve both as guardian of the person and guardian of the estate. However, the appointment for each role must be made explicitly in the court order. If you need both roles, it is usually more efficient to request both in the same petition, but the court will independently evaluate whether each appointment is appropriate.

How to confirm your authority once appointed

Obtain and keep a certified copy of the court order and the letters or certificate of appointment that the court issues.
Banks and third parties generally require the court’s letters or an official certificate before you can access accounts or act on behalf of the ward.
Follow court-imposed reporting, accounting, and fiduciary duties closely; failure to do so can lead to removal and liability.

Helpful hints

Read the Alaska Court System’s guardianship resources before filing: public.courts.alaska.gov.
Check Alaska Statutes, Title 13 (probate and guardianship laws) for the statutory framework: AS Title 13.
When possible, seek a durable power of attorney or advance directives from the person while they still have capacity—these can avoid court guardianship for financial or medical decisions.
Gather documentation of the ward’s assets, income, debts, and insurance before petitioning for estate authority.
Expect the court to require bond and periodic accountings for guardians of the estate—keep detailed financial records and receipts.
If you are appointed only for personal-care decisions and later discover you need access to funds, file promptly for a conservatorship rather than using the ward’s funds without court authority.
Consider consulting a lawyer experienced in Alaska guardianship/conservatorship law to help with petitions, required forms, accountings, and court hearings.

Want next steps? Contact the probate clerk at the local Alaska court where the ward lives for local filing requirements, forms, and fee information. If the situation is urgent (immediate danger or financial loss), ask the court clerk about emergency/temporary appointments and the process for expedited hearings.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Rules and procedures can change and vary by court; for advice about a particular situation, consult a licensed Alaska attorney or the local probate court.