M.M., through his next friend Erin Kirkland v. State of Alaska, Department of Administration, Office of Public…

Summary

The court held that the Office of Public Advocacy may contract with service providers to assist in satisfying its statutory duty to visit wards quarterly because contracting for services is distinct from delegating guardianship duties to staff or volunteers. It also held that the plaintiff’s next friend could not be held personally liable for attorney’s fees because the governing statute refers to a guardian and does not mention a next friend. The court therefore affirmed the visitation ruling, reversed the fee-liability ruling, and remanded for reconsideration of the fee award.