Unless the context indicates otherwise, as used in 2 AAC 60.070 - 2 AAC 60.120,

1. (1) "annual court report" means the annual report required by AS 13.26.118(a) or any other client-related annual accounting report ordered by the court;

2. (2) "case opening" means the internal administrative process used by OPA in establishing a temporary or permanent guardianship or conservatorship case, including the following:

   1. (A) applying to be payee on a client's funds;
   2. (B) collecting and reviewing necessary financial, legal, medical, or social information pertaining to a client or a client's estate;
   3. (C) opening bank or other financial accounts on a client's behalf;
   4. (D) assigning OPA representatives to perform guardianship and conservatorship responsibilities for a client;
   5. (E) collecting and receiving property for a client;
   6. (F) creating files, summaries, and other documentary information necessary for the management of a client or a client's estate; and
   7. (G) all other activities related to preparing for and assuming the responsibilities of guardian or conservator;
3. (3) "client" means a ward as defined in AS 13.26.005(10), or a protected person as defined in AS 13.26.005(16), for whom OPA has been appointed full, partial, or temporary guardian or conservator;
4. (4) "costs" means those amounts expended by OPA to provide reasonable services to a client, including transportation and lodging for its employees, court visitors, and respondent's counsel;

5. (5) "estate" means all property and assets owned by a client, including the following:

   1. (A) cash;
   2. (B) savings accounts;
   3. (C) checking accounts;
   4. (D) native corporation interests;
   5. (E) certificates of deposit;
   6. (F) money market accounts;
   7. (G) commercial fishing permits;
   8. (H) bonds, stocks, negotiable securities, or other instruments;
   9. (I) mutual fund shares;
   10. (J) other tangible personal property; and
   11. (K) real estate;
6. (6) "fee" or "fees" means any amounts charged or collected by OPA against a client or a client's estate for guardianship or conservatorship services, including case opening fees, monthly guardianship or conservatorship service fees, and fees for the sale or management of real or personal property;
7. (7) "financial hardship" means that the total value of liquid assets of a living client would be inadequate to provide or obtain residential care, food, housing, medical care and other treatment, or other goods or services vital to the well-being of the client or the client's dependents, resulting in the risk of harm to the client or the client's dependents;

8. (8) "guardianship and conservatorship services" means work performed by OPA and its representatives after appointment as a guardian or conservator by the court, and all guardianship and conservatorship services performed on behalf of a client, including the following:

   1. (A) application for and maintenance of eligibility for entitlement programs and any other benefits for which a client is eligible;
   2. (B) preparation and filing of periodic court reports, inventories, and annual and final accounts;
   3. (C) sale or other disposition of real or personal property;
   4. (D) managing assets of an estate;
   5. (E) securing residential placements and transfers;
   6. (F) monitoring, evaluating, and consenting to medical treatment and habilitation programming;
   7. (G) appearing for and representing a client in legal and administrative proceedings;
   8. (H) procuring other outside services for the benefit of a client or a client's estate; and
   9. (I) quarterly and other visits as necessary to provide an active guardianship or conservatorship program;
9. (9) "inventory" means a list of all property owned by a client that is filed with the court by OPA;

10. (10) "liquid assets" means the portion of a client's estate comprised of cash, negotiable instruments, dividends, or other similar property that is readily convertible to cash and has a readily ascertainable fixed value, including the following:

    1. (A) savings accounts;
    2. (B) checking accounts;
    3. (C) certificates of deposit;
    4. (D) money market accounts;
    5. (E) bonds;
    6. (F) stock;
    7. (G) negotiable securities or other instruments; and
    8. (H) mutual fund shares;
11. (11) "OPA" means the Office of Public Advocacy.

(Eff. 3/25/95, Register 133)

Authority: AS 13.26.410, AS 44.21.410