Alaska Supreme Court
In the Matter of the Protective Proceeings of Nora D.
May 7, 2021485 P.3d 1058
Summary
The court held that a guardianship respondent may refuse to answer questions during examinations and evaluations, except questions intended to determine the respondent's capacity to make personal medical decisions. Because the superior court compelled Nora to answer all questions during a psychiatric examination, the court vacated that order and remanded. The court interpreted the statutory exception narrowly in light of the statutory text, legislative history, and the strong policy of restraint underlying guardianship law.