The Tribal Court, when it appears necessary, in order to protect the best interests of a member of the Nottawaseppi Huron Band of the Potawatomi (NHBP or Tribe) or an individual over whom the Tribal Court has jurisdiction, may appoint a guardian for the individual adult or child, and/or a conservator of the individual adult or child, or member of the Tribe (protected individual or ward). This Guardianship and Conservatorship Code does not apply to a lawyer guardian ad litem, appointed by the Tribal Court to represent the interests of a minor in a child protective services hearing.
As used in this Guardianship and Conservatorship Code, the singular includes the plural and the plural the singular when consistent with the intent of this chapter. The following definitions apply:
ADULT
A person 18 years of age or older, or otherwise emancipated by order of the Tribal Court or a court of competent jurisdiction.
CHILD
An individual who is not married and has not attained the age of 18 years of age or has not been deemed emancipated by the Tribal Court or a court of competent jurisdiction.
CLAIM
Includes, in respect to a protected individual (ward) a liability of the protected individual, whether arising in contract, tort, or otherwise, and a liability of the estate that arises at or after the appointment of a conservator, including expenses of administration.
CONSERVATOR
A person appointed by the Tribal Court to manage the property and personal effects of the adult or child.
GUARDIAN OF THE ADULT
A person appointed by the Tribal Court, or other court of competent jurisdiction, to maintain the care, custody, and control of the person of the adult.
GUARDIAN OF THE CHILD
A person appointed by the Tribal Court, or other court of competent jurisdiction, to maintain the care, custody, and control of the person of the child.
INDIAN
Any member of a federally recognized American Indian tribe or Alaska Native.
LAWYER GUARDIAN AD LITEM
A lawyer or person appointed by the Tribal Court to represent the child's interests before the Tribal Court in a child protective services hearing.
MINOR
An individual who is not married and has not attainted the age of 18 years of age or who has not been deemed emancipated by the Tribal Court or a court of competent jurisdiction.
PARENT
A person who is legally responsible for the control and care of a child, including a natural or adoptive parent, a legal guardian or custodian, excluding persons whose parental rights have been terminated.
PERMANENT GUARDIAN
A guardian who has been granted long-term guardianship status that is irrevocable unless the guardian is unsuitable as determined by the Tribal Court, by another court of competent jurisdiction, or the appointed guardian petitions for revocation.
PERSON
An individual that is 18 years of age or older, or otherwise emancipated by order of the Tribal Court or a court of competent jurisdiction.
PETITIONER
The person, agency or entity seeking relief or remedy under the provisions of this chapter.
PROPERTY
Credits, savings and bank deposits, notes, bonds, proceeds from sale of realty, realty, and personal effects.
RESPONDENT
The individual for whom the appointment of a guardian or conservator is requested.
SERVICE AREA
The Counties of Allegan, Barry, Branch, Calhoun, Kalamazoo, Kent and Ottawa, located in the State of Michigan.
SUITABLE
Individuals who are willing and able to provide a home environment that is fit, safe, and appropriate, as well as meets the purpose of this chapter.
TEMPORARY GUARDIAN
A person, other than a parent, who is assigned by the Tribal Court, or another court of competent jurisdiction, as having the duty and authority to provide physical care until the child turns 18 years of age or the Tribal Court, or another court of competent jurisdiction, grants a resignation, removal, or appointment of a successor guardian.
TRIBAL COUNCIL
The elected governing body, exercising legislative and executive powers, of the Nottawaseppi Huron Band of the Potawatomi as set forth in the NHBP Constitution.
TRIBAL COURT
The Nottawaseppi Huron Band of the Potawatomi Tribal Court.
TRIBAL LANDS
Any lands held in trust by the United States for the benefit of the Tribe.
WARD
A child who has been adjudicated a dependent child or an adult who has been adjudicated a protected individual over whom the Tribal Court has jurisdiction.
A. 
To the fullest extent permitted by the Constitution and applicable law, the Tribal Court has:
(1) 
Exclusive jurisdiction over proceedings concerning the appointment and supervision of guardians or conservators for minors or adults who are enrolled members of the Tribe and who reside on the tribal lands; and
(2) 
Jurisdiction, concurrent with the State of Michigan and any other state, over the appointment and supervision of a guardian for any minor who is eligible for enrollment with the Tribe and is the biological child of any person who is a member of a federally recognized Indian tribe; and
(3) 
Jurisdiction, concurrent with the State of Michigan, over the appointment and supervision of conservators for minors or adults who are enrolled members of the Tribe who reside within the service area and any of the following apply:
(a) 
The guardian proposed for the adult resides on tribal lands;
(b) 
The adult or minor has property located on tribal lands, which is coming into the control of a conservator; or
(c) 
The adult or minor has property coming into the control of a conservator who resides on tribal lands.
B. 
Transfer.
(1) 
Where proceedings authorized under this chapter are subject to the concurrent jurisdiction of any state and a proceeding involving the appointment of a guardian for a minor who does not reside on tribal lands is first commenced in the courts of that state, the Tribe's Prosecutor may, in accordance with the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.), and/or the Michigan Indian Family Preservation Act (MCLA § 712B.1 et seq.), as applicable, request that the state court hold the matter in abeyance until the question of venue is decided and a determination is made as to whether it is necessary and appropriate to transfer the proceeding to the Tribal Court.
(2) 
Where any proceedings authorized under this chapter are subject to the concurrent jurisdiction of the State of Michigan and the Tribal Court under this chapter, which involves either: appointment of a guardian for an adult who resides in the service area, or appointment of a conservator for any minor or adult who resides in the service area, at the request of either the person initiating the proceeding or the person for whom guardianship or conservatorship is sought may request that the court in which the proceeding is first commenced may continue to hear the matter, and other court with concurrent jurisdiction may, at the request of an interested party, ask that the initiating state court hold the matter in abeyance until the question of venue is decided and a determination is made as to whether the interests of justice the proceeding should be transferred to the other court.
(3) 
In determining whether, pursuant to Subsection B(2), supra, to accept transfer of any proceeding from the state, or to transfer any proceeding to the state, the Tribal Court shall consider:
(a) 
The location of the respondent's family and other persons required to be notified of the guardianship or conservatorship petition;
(b) 
The location of the respondent's property;
(c) 
The extent to which each of the respondent and petitioner have ties to tribal lands; and
(d) 
The ability of the court and tribal agencies to effectively provide supervision or services to the parties involved in the proceeding.
The Tribal Court may appoint a guardian of the adult or child (ward), which entails the responsibility for the care and custody of the ward. The Tribal Court may appoint a conservator of the estate of a ward, which entails responsibility for the administration and management of the ward's property.
By accepting a court appointment as guardian or conservator, a guardian or conservator submits to the Tribal Court's jurisdiction in a proceeding relating to the guardianship or conservatorship.
The Tribal Court may appoint a guardian/conservator under any of the following circumstances:
A. 
Guardian of a child. A guardian for a child may be requested if:
(1) 
The parental rights of both parents or the surviving parent have been terminated or suspended by prior order of the Tribal Court or any court of competent jurisdiction, by judgment of divorce or separate maintenance, by death, by judicial determination of mental incompetency, by disappearance or by confinement in a place of detention;
(2) 
The appointment of a guardian is necessary for the immediate well-being of the child; or
(3) 
The parent with custody of the child requests the appointment.
B. 
Guardian of an adult. A guardian for an adult may be requested if:
(1) 
The adult is alleged to be incapable of caring for himself or herself and such incapability is a significant impediment to his/her health and well-being, and such incapability is not a temporary condition.
C. 
Appointment of a conservator. A conservator of an estate may be requested if:
(1) 
The ward is alleged to be unable or unwilling to competently administer his/her financial affairs. The Tribal Court may appoint an individual or a corporation authorized to exercise fiduciary powers to serve as a conservator of the ward's estate.
Any person, including tribal social service agencies, may file a petition for guardianship/conservatorship. A child who is 14 years of age or older may petition for guardianship. A child who is 14 years of age or older may petition for the appointment of a guardian on his/her own behalf, provided that such petition is jointly filed with the proposed guardian.