Discretionary appointment of counsel

Key_development Question_mark

Legislation, Guardianship/Conservatorship of Children - Child (incomplete)

Regarding a proceeding for guardianship of a minor, Alaska Stat. § 13.26.147(d) states, “If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 years of age or older.” See also Alaska R. Admin. 12 (“Appointments may be made in the following types of cases without prior approval of the administrative director, but only in cases in which the required services would not otherwise be provided by a public agency:… (ii) Attorneys for minor children and indigent parents or custodians of minor children in minor guardianship cases brought pursuant to AS 13.26.060(d).”).


Two other provisions echo the exact language found in Alaska Stat. § 13.26.147(d), calling for discretionary appointment where the minor's interests are inadequately represented.  See Alaska Stat. § 13.26.186(c) (as to guardian removal proceedings) and Alaska Stat. § 13.26.430(a) (as to conservatorships).  However, the conservatorship provision, unlike the other two, specifies that the appointed attorney serves in guardian ad litem role.  Alaska Stat. § 13.26.430(a).

Appointment of Counsel: discretionary Qualified: no