No right to counsel located

Pursuant to Alaska Stat. § 47.24.017(a), services may only be provided to an adult if the “vulnerable adult, the vulnerable adult’s guardian, conservator, attorney-in-fact, trustee, or [a surrogate decision maker]” consents to the services.  This is true unless there is an emergency situation. Id. at (b) (“if the department determines that an emergency situation exists …, the department may provide the necessary protective services in a manner determined by the department to be the most appropriate in light of the emergency situation, regardless of whether the vulnerable adult or any other person has consented to receipt of the services.”).  No right to counsel was found in relation to the provision of services in this manner.

The department is also authorized to petition the court for authorization to provide protective services pursuant to Alaska Stat. § 47.24.019.  But the department’s exercise of authority under this section appears to implicate other areas of law.  For example, if the department has reasonable cause to believe that protective services are needed and the adult is incapacitated, “the department may petition the court under AS 13.26 for appointment of a guardian or temporary guardian, or for a change of guardian, for the vulnerable adult for the purpose of deciding whether to consent to the receipt of protective services for the vulnerable adult.” Id. at (a).  It may also institute involuntary commitment proceedings under 47.30.700. Id. at (b).

For more information about the right to counsel in these separate proceedings, please see the following major developments for the state of Alaska: Legislation, Guardianship/Conservatorship of Adults – Protected Person; Legislation, Civil Commitment, and Litigation, Civil Commitment.