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:
A person 18 years of age or older, or otherwise emancipated
by order of the Tribal Court or a court of competent jurisdiction.
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.
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.
A person appointed by the Tribal Court to manage the property
and personal effects of the adult or 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 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 child.
Any member of a federally recognized American Indian tribe
or Alaska Native.
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.
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.
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.
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.
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.
The person, agency or entity seeking relief or remedy under
the provisions of this chapter.
Credits, savings and bank deposits, notes, bonds, proceeds
from sale of realty, realty, and personal effects.
The individual for whom the appointment of a guardian or
conservator is requested.
The Counties of Allegan, Barry, Branch, Calhoun, Kalamazoo,
Kent and Ottawa, located in the State of Michigan.
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.
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.
The elected governing body, exercising legislative and executive
powers, of the Nottawaseppi Huron Band of the Potawatomi as set forth
in the NHBP Constitution.
The Nottawaseppi Huron Band of the Potawatomi Tribal Court.
Any lands held in trust by the United States for the benefit
of the Tribe.
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:
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.
