In the Matter of the Protective Proceeings of Nora D.Annotate this Case
Nora D. was an 82-year-old woman residing in an assisted living facility. She suffered a stroke in April 2016, and she reportedly continued to suffer resulting physical and mental limitations. In 2017 Nora gave her son, Cliff, a general power of attorney. In 2018 Adult Protective Services petitioned for a conservatorship to protect Nora’s finances and property after the office received reports of harm alleging that Cliff had made decisions not in Nora’s best interests. The Office of Public Advocacy (OPA) was appointed as Nora’s conservator in 2018. In September 2019 Nora’s daughter Naomi petitioned for a full guardianship for Nora. Naomi alleged that a guardianship was necessary because Nora was unable to attend to her own physical needs and Cliff was unable to care for Nora. A day later Naomi’s son Kevin petitioned for review of the conservatorship, and sought appointment as Nora’s guardian, which could replace OPA’s conservatorship. The superior court ordered a Nora attend a psychiatric evaluation and answer all questions posed to her by Kevin’s retained expert. But the guardianship statute provided that a respondent may refuse to answer questions during examinations and evaluations. The only exception to that statute applied in an interview to determine whether the respondent has capacity to make informed decisions about care and treatment services. The Alaska Supreme Court granted the Nora’s petition for review to consider the scope of the statute’s protection, and the Supreme Court concluded that Nora could refuse to answer any questions other than those directed at determining her capacity to make personal medical decisions. The Supreme Court therefore vacated the superior court’s order and remanded for further proceedings.