The following sections of the code provide a process for empowering one or more persons to act on behalf of an adult who may need assistance in conducting personal business or in obtaining the services necessary for his or her well-being. It is intended that these provisions be applied with flexibility. The Court may appoint guardian(s) or protective payee(s) or a combination of these roles for the benefit of an adult.
(Res. 94 A 134, 11/8/1994)
The petition shall include:
(a) 
The name, birth date, residence, and tribal status of the adult who is the subject of the petition;
(b) 
The name, birth date, residence, and tribal status of the petitioner(s) and his or her relationship to the adult;
(c) 
A statement explaining why the petitioner(s) believes the adult needs assistance in conducting personal business or in obtaining the services necessary for his or her well-being;
(d) 
The names, addresses and relationship of the adult’s spouse and children, in any, and of any other family members or people who have been significantly involved in the care of the adult in the recent past;
(e) 
Whether a guardian has been appointed by another court;
(f) 
Whether the adult has a living will (directive to physicians) or has given anyone his or her power of attorney;
(g) 
Any recommendation the petitioner has regarding who should be appointed to assist the adult and to what extent the person(s) should be empowered to give that assistance; and
(h) 
If assistance with financial affairs is recommended, a description of the property, income and other financial resources, if known, shall be included.
(Res. 94 A 134, 11/8/1994)
When the Court receives the petition it shall set a hearing date, which shall not be more than forty (40) calendar days after the Court received the petition, unless continued for good cause.
(Res. 94 A 134, 11/8/1994)
Notice of hearing shall be given at least twenty (20) calendar days before the hearing, unless an earlier time is agreed to by the parties. The notice shall include the date, time and place of the hearing and a copy of the petition. The notice shall be served on:
(a) 
The petitioner(s);
(b) 
The adult;
(c) 
The adult’s spouse and children, if any;
(d) 
The Vulnerable Adult Case Manager or other designated representative of the Port Gamble S'Klallam Tribe;
(e) 
Any other family members or people who have been significantly involved in the care of the adult in the recent past; and
(f) 
Any person the Court or the parties deem necessary for proper adjudication. The Court may discover that additional persons should be notified after the guardianship proceedings are in progress. The Court may continue the proceedings in order to give those persons notice.
(Res. 94 A 134, 11/8/1994)
The guardianship hearing is an opportunity for all parties to provide testimony or other evidence to help the Court determine whether the appointment of a guardian or protective payee, or both, is necessary to assist the adult to conduct personal business or to obtain the services necessary for his or her well-being.
(Res. 94 A 134, 11/8/1994)
The parties to an Adult Guardianship Hearing may agree to a proposed order, which resolves some or all of the issues of the case. Before deciding whether to approve the agreed order, the judge shall hold an in-chambers, ex parte discussion with the adult to:
(a) 
Explain the proposed agreed order;
(b) 
Assure that the person’s consent to the proposed order is not the result of coercion, threat, duress, fraud, over-reaching, or improper promise on the part of any person;
(c) 
Explain the person’s right to a spokesperson/counsel;
(d) 
Explain that the person does not have to agree to the proposed order and that the case will then go to a full hearing on all the issues; and
(e) 
Explain that once the person agrees to the proposed order and it is signed and entered by the Court, it will be too late for the person to change his or her mind.
The in-chambers conversation need not be recorded. If the adult wants a friend, family member, or other people to be present, the judge shall allow it after first speaking alone with him or her. If the Court finds that any consent was the result of fraud or duress, the agreed order shall be vacated.
(Res. 94 A 134, 11/8/1994)
Orders appointing guardians or protective payees shall be tailored for the adult’s benefit. The Court shall have broad discretion in fashioning an order that will best meet the adult’s needs and circumstances, subject to the following provisions:
(a) 
The Court shall identify who shall serve as the guardian or protective payee and shall specify his or her powers and duties.
If the adult has named a guardian in a durable power of attorney or has otherwise stated a preference, the Court shall honor the adult’s choice unless good cause is shown.
(b) 
If there is more than one guardian or there is a protective payee and guardian(s), the Court shall state whether the duties are to be shared or whether each shall have separate duties.
(c) 
The Court shall set forth requirements for protective payees and any guardian vested with financial responsibilities to make an accounting to the Court and to the adult. This may include expenditure guidelines and limits, a schedule for reporting and any other requirements the Court finds necessary to protect the adult’s financial resources.
(d) 
The Court may vest guardians with the duty to provide timely informed consent to necessary medical procedures, except placement of the adult in a nursing home shall require prior Court approval.
(e) 
The Court does not have authority to make any transfers of lot assignments.
(f) 
The Court shall state in all guardianship orders whether review hearings shall be required and, if so, the frequency of such hearings.
(Res. 94 A 134, 11/8/1994)
The guardian(s) or protective payee may petition the Court for authority to do any act about which he is uncertain of his authority, and the Court may grant such authority after such notice and hearing, if any, as the Court may direct.
(Res. 94 A 134, 11/8/1994)
Guardianships and appointment of protective payees may be modified by the Court for good cause upon motion of any party following notice and a hearing. Generally, a guardianship shall terminate upon the death of the adult or upon order of the Court. The Court may appoint the guardian or protective payee to administer the adult’s estate after death if the person dies intestate.
(Res. 94 A 134, 11/8/1994)