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.
B. 
Upon receiving a petition, the Tribal Court shall immediately schedule a hearing to determine if such care is necessary because the elderly person is:
(1) 
Being abused;
(2) 
An imminent danger to himself; or
(3) 
Living in unsafe, unsanitary, or dangerous living conditions.
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.