A.
If the EPT determines that an elderly person is a person in need
of care and the person fails to consent or is unable to consent to
protective services, EPT may petition the Tribal Court for an order
authorizing the EPT services. The petition must allege specific facts
to show that the elderly person is a person in need of care and is
unwilling or is unable to consent to such services.
C.
Absent good cause, a hearing on the petition must be held within
five (5) days of the petition being filed.
The elderly person shall immediately be notified in writing
that a petition has been filed in Tribal Court, the reasons for the
petition, and the date and time of the hearing. The elderly person
shall have the right to be present at the hearing, to be represented
by counsel at his expense, and to present testimony on his behalf.
A.
At the hearing, the EPT shall present evidence that the elderly person
is a person in need of care and has failed to consent.
B.
If the Court determines by a preponderance of the evidence that the
elderly person is in imminent danger, or is living in unsafe, unsanitary,
or dangerous living conditions, it may enter an order authorizing
the provision of protective services.
An order for elderly protective services may include, but is
not limited, to the following:
A.
Requiring the person who has abused or neglected an elder to remove
himself/herself from the elder's home;
B.
Restraining the person who has abused or neglected an elder from
continuing such acts or prohibiting the person who has abused or neglected
an elder from contacting or attempting to contact the elder;
C.
Removing the abused or neglected elder from the place where the abuse
or neglect has taken or is taking place if it is demonstrated that
removal is necessary to prevent serious emotional or physical harm;
D.
Requiring an elder's family or caretaker or any other person
with a fiduciary duty to account for the elder's funds and property;
E.
Requiring any person who has abused or neglected an elder to pay
restitution to the elder for damages resulting from the person's
wrongdoing;
F.
Appointing a guardian ad litem for the elder;
G.
Recommending that a representative payee be named; or
H.
Ordering the appropriate tribal agencies and programs to prepare
a plan for and deliver elder protective services which provide the
least restrictive alternative for services, care, treatment, or placement
consistent with the elder's needs. However, if there are any
costs associated with these services, the Tribe shall not be liable
for such costs, where the elder or another state or federal program
or agency, including but not exclusive of medicare, medicaid, or LIHEAP,
can or is otherwise obligated to pay these costs.
An elderly protection order shall be issued for a period not
to exceed sixty (60) days. The Tribal Court shall review the order
every sixty (60) days to determine whether the need for services still
exists, and shall have the discretion to close the case at any time
if it finds the situation has been resolved.
