Any interested person or persons may file a petition for limited or full guardianship of an elder (62 years old or older) or vulnerable adult over the age of 18 and residing on the Tulalip Indian Reservation, or in an institution on or off the Tulalip Indian Reservation, who is unable to manage his or her own affairs. A petition for limited or full guardianship shall state:
(1) 
The name or names, birthdate, residence, Tribal affiliation and enrollment number of the elder or vulnerable adult and, if they are not living in his or her own home, locations where the person has resided since leaving his or her own home, and the name and address of the person(s) or institution where the elder or vulnerable adult is now located;
(2) 
The name, birthdate, residence and Tribal affiliation, if any, of the petitioner (or interested person) and the petitioner’s relationship to the elder or vulnerable adult;
(3) 
A description of the physical and mental problems or limitations that make the elder or vulnerable adult unable to manage his or her own affairs;
(4) 
A doctor’s report or letter, under oath, to the effect that the vulnerable adult is not presently able to handle his or her property affairs, and the anticipated duration of the incapacity;
(5) 
If limited or full guardianship of any or all of such property is requested, a general description of the personal or nontrust property of the elder or vulnerable adult;
(6) 
If limited or full guardianship over any or all of the financial affairs is requested, a general description of the income or other financial resources or personal property of the elder or vulnerable adult;
(7) 
The names, addresses and relationship of the elder’s or vulnerable adult’s spouse and children and, as long as such information is reasonably available, any brothers or sisters or grandchildren or other parties who have been significantly involved in the care of the elder or vulnerable adult during the past three years;
(8) 
Whether or not a limited or full guardian has been appointed for the elder or vulnerable adult in any State or Tribal Court and whether or not the person has given power of attorney over his or her affairs to any individual;
(9) 
The specific areas over which the petitioner is seeking limited guardianship and the requested length of time for which the petitioner wishes limited guardianship over the elder or vulnerable adult;
(10) 
What other interested person(s), if any, may be available to share limited or full guardianship responsibilities with the petitioner and their relationship to the elder or vulnerable adult.
(Ord. 137 § 5.1, 12-4-2009 (Res. 2009-401); Res. 2015-496)
Before appointing a limited or full guardian, Notice of Hearing and a copy of the petition shall be personally served on:
(1) 
The elder or vulnerable adult for whom limited or full guardianship is requested;
(2) 
Children of the elder or vulnerable adult, spouse, and/or guardian (if applicable);
(3) 
Caseworker(s)/Elder Protection Program. The caseworker shall file information to the Court that may be relevant to appointment of a guardian. This information shall be filed “in-camera.” The Court shall disseminate this information to the parties as it deems necessary and appropriate.
Personal service or substituted service must be in accordance with service requirements under TTC Titles 2 and 3.
Hearing on the petition shall be held not less than 20 and not more than 40 days from service of the notice and petition on the elder or vulnerable adult over whom limited or full guardianship is requested unless good cause is shown. In the event of an emergency, where serious harm to the elder’s or vulnerable adult’s health or property is likely to occur before such hearing can be held, the Court may appoint a temporary limited or full guardian or guardian ad litem upon the Court’s own motion with authority to respond to the emergency. Such authority will extend only so long as is necessary to respond to the emergency.
(Ord. 137 § 5.2, 12-4-2009 (Res. 2009-401); Res. 2015-496)
(1) 
The elder or vulnerable adult named in the petition shall be present at all hearings unless the person files a declaration with the Court requesting that the hearing proceed without them or the person is incapacitated and unable to appear as documented by a physician, or a guardian ad litem files an affidavit with the Court stating that either (a) counsel or the guardian ad litem has fully explained the nature of the hearing to the elder or vulnerable adult and to the best of their belief the elder or vulnerable adult has understood the nature of the hearing and has clearly expressed a desire not to be present, or (b) that to the best of their information and belief, the elder is incapable of understanding the nature of the hearing or participating in the hearing.
(2) 
Upon a finding from the affidavit or declaration that the elder or vulnerable adult cannot participate in the hearing or hearings, the Court may waive the appearance of the person; provided, that the counsel or guardian ad litem is present at every hearing on the merits of the petition, in the person’s behalf.
(3) 
At the hearing, the Court shall: examine the petition; determine the need to have a guardian appointed by taking such testimony as any interested party wishes to present.
(4) 
Upon presenting this evidence, the petitioner must prove by preponderance of evidence that:
(a) 
The elder or vulnerable adult is unable to manage his or her own affairs due to:
(i) 
Loss of memory or reasoning ability;
(ii) 
Acute alcoholism and/or abuse of prescription drugs;
(iii) 
Mental illness;
(iv) 
Is incapacitated; or
(v) 
Other medical condition.
(b) 
The elder or vulnerable adult lacks the ability to manage his or her own affairs to such a degree that the person’s personal health, personal security or financial security are measurably threatened; and
(c) 
There are no less restrictive alternatives available to remedy the evidence presented in this subsection (4).
(d) 
The Court shall make specific findings as to the above.
(Ord. 137 § 5.3, 12-4-2009 (Res. 2009-401); Res. 2015-496)
If the Court determines pursuant to this section that a limited or full guardianship is necessary to protect the person or property of the elder or vulnerable adult, the Court shall further make written findings as to whether or not the limited or full guardianship should be shared among family members or other persons concerned for the elder’s or vulnerable adult’s well-being. If it appears in the best interest of the elder or vulnerable adult, and if more than one family member or other concerned persons agree to share the limited or full guardianship responsibilities, the Court may enter an order appointing more than one limited or full guardian. The preference of the elder or vulnerable adult as contained in unrevoked durable power of attorney, or otherwise clearly stated, shall control selection of a limited or full guardian or guardians except for good cause or disqualifications.
(Ord. 137 § 5.4, 12-4-2009 (Res. 2009-401); Res. 2015-496)
(1) 
The Court shall make further written findings and order as to the extent of the guardianship over the person or property of the elder or vulnerable adult. The powers shall extend only to such areas specifically stated in the findings and order and such powers shall be no more extensive than is necessary to address the specific facts proven by the petitioner.
(2) 
The order shall further state that the elder or vulnerable adult may not be placed in a nursing home without the express consent of the Court and after notice to the elder protection team/program.
(Ord. 137 § 5.5, 12-4-2009 (Res. 2009-401); Res. 2015-496)
Within 10 days of the filing of a petition for limited or full guardianship of an elder or vulnerable adult, the Court may appoint legal counsel or, if more appropriate, a guardian ad litem for the elder or vulnerable adult in extraordinary circumstances. If it appears from the petition and any medical report attached thereto or submitted to the Court that the elder or vulnerable adult appears not to be able to assist counsel or participate verbally in his or her own defense to the limited or full guardianship, then the Court may appoint a guardian ad litem instead of legal counsel. Appointment of legal counsel or a GAL is dependent on available Court funds.
(Ord. 137 § 5.6, 12-4-2009 (Res. 2009-401); Res. 2015-496)
(1) 
Persons appointed limited or full guardian over the income or personal or nontrust real property of the elder or vulnerable adult shall file an inventory with the Court of all such income or personal or nontrust real property prior to the appointment or such time as may be extended by the Court upon a showing of good cause for requesting such extension.
(2) 
The Court may require limited or full guardianship funds be placed into a judicially blocked account or bank account.
(Ord. 137 § 5.7, 12-4-2009 (Res. 2009-401); Res. 2015-496)
(1) 
The Court shall review all limited or full guardianships every six months for the first year after the appointment of a limited or full guardian or guardians and thereafter every one year unless more frequent review appears in the best interest of the elder or vulnerable adult.
(2) 
A limited or full guardian with authority over an elder’s or vulnerable adult’s income or property shall report and file an accounting of their income and other resources and any transfers of their personal property.
(3) 
A limited or full guardian with authority over health and welfare decisions shall report on the health and welfare decisions of the elder or vulnerable adult including living conditions, diet, and attention by caregivers, medications and medical treatment. If it appears the limited or full guardian is in need of more assistance in caring for the elder or vulnerable adult, the matter shall be referred to the elder protection team for a report and recommendations as to how existing services may better serve the needs of the elder and the limited or full guardian. Such recommendations shall be made in a report filed with the Court after consultation with the limited or full guardian and the report should be filed with the Court and copies provided to the limited or full guardian. The limited or full guardian shall indicate on the report or in a separate written statement their agreement or disagreement with the report.
(4) 
The limited or full guardian shall appear in person for all Court reviews and shall also file a written report documenting the status of the elder or vulnerable adult at the time of the review hearing. Updated financial information must also be provided to the Court.
(Ord. 137 § 5.8, 12-4-2009 (Res. 2009-401); Res. 2015-496)
(1) 
Failure to file an initial inventory, or to appear and file a written report at the time of a regularly scheduled review, shall constitute grounds for terminating the limited or full guardianship; provided, that the limited or full guardian is given 15 days’ notice and an opportunity to request a rescheduling of their appearance and/or file a late report within such period to avoid termination of the limited or full guardianship.
(2) 
A finding of failure to fulfill limited or full guardianship duties in a reasonable and responsible manner after hearing shall be cause to terminate the limited or full guardianship. Hearing on the proposed termination may be filed on the Court’s own motion or on the motion of any interested party and shall be scheduled no less than 15 days from service of the motion on the limited or full guardian.
(3) 
The limited or full guardianship shall automatically terminate on the death of an elder or vulnerable adult, or until discharged by the Court. The guardian shall provide an accounting of resources and property to the Court at a hearing upon the death of an elder or vulnerable adult.
(4) 
If the Court terminates a limited or full guardianship and the elder or vulnerable adult continues to be in need of a guardian the Court will order the case manager(s)/elder protection team to provide services to protect and care for the health, safety, and welfare of the elder or vulnerable adult. Services may include ordering the Tribes be the protective payee for resources.
(Ord. 137 § 5.9, 12-4-2009 (Res. 2009-401); Res. 2015-496)
(1) 
Duty to Ensure the Maintenance of the Elder’s or Vulnerable Adult’s Health. A limited or full guardian having medical decision-making authority over the person has the duty to ensure the maintenance of the person’s health. This includes not only the duty to react to any medical situations which demand attention, securing and authorizing necessary medical treatment, but also the duty to ensure the person receives regular preventive medical and dental services. If the person is a resident of a facility or a patient in a hospital the limited or full guardian shall periodically examine the medical records of the ward and speak with attending physician(s) and other caregivers to ensure that the person is receiving proper and necessary medical care.
(2) 
Criteria for Making Medical Decisions. A limited or full guardian having appropriate authority shall consider the following factors when called upon to make a medical decision for an elder or vulnerable adult:
(a) 
Any wishes of the elder or vulnerable adult, expressed prior to appointment of a limited or full guardian, including but not limited to wishes expressed in a living will, durable power of attorney, or any other oral or written declaration of intent;
(b) 
Whatever knowledge the limited or full guardian has of the elder or vulnerable adult; what he or she believes the elder or vulnerable adult would have wanted if able to make the decision;
(c) 
The current wishes of the elder or vulnerable adult with regard to the decision;
(d) 
The perceived best interests of the elder or vulnerable adult;
(e) 
Traditional cultural or religious practices or beliefs of the elder or vulnerable adult and their family.
In determining any of the above factors, the limited or full guardian should consider information arising out of personal contact with the elder or vulnerable adult, information arising out of the contact of family or close friends with the elder or vulnerable adult, information and opinions given by attending physician(s), and/or relevant medical professionals, opinions of leaders of the person’s religion, and other relevant information.
(3) 
Discussions About Medical Interventions That Can Be Made Without a Second Opinion. Certain medical interventions if performed without anesthesia or with only a local anesthetic may be authorized by the limited or full guardian alone, considering the factors listed above in subsection (2) of this section. This subsection applies to the following medical interventions:
(a) 
Diagnostic physical examinations;
(b) 
Eye examinations;
(c) 
Limited use of x-rays;
(d) 
Routine dental examinations, such as teeth cleaning, fillings, etc.;
(e) 
Physical therapy;
(f) 
Medications both nonprescription, such as aspirin, cold medications, and vitamins, and uncontroversial, recommended prescription drugs, unless the limited or full guardian has cause to believe such prescription drugs are inappropriate for medical or cultural reasons;
(g) 
Routine low-risk immunizations.
(Ord. 137 § 5.10, 12-4-2009 (Res. 2009-401); Res. 2015-496)
(1) 
A limited or full guardian, having the appropriate authority, shall not sell, encumber or otherwise transfer nontrust (fee) real or trust property of an elder or vulnerable adult, or an interest therein, unless such transfer is approved by the Tribal Court or by such other court as may have jurisdiction.
(2) 
A limited or full guardian shall not prepare or have prepared by another a will on behalf of the elder or vulnerable adult for any property, including trust property, without an order of the Court.
(3) 
A limited or full guardian appointed by any Tribal or State Court shall not under any circumstances be considered to have authority to sell, encumber, or otherwise transfer traditional items of personal property owned by the elder or vulnerable adult, including, but not limited to, regalia, beadwork and basketry, unless authorized by the Court.
(4) 
A limited or full guardian, only if Court-ordered, shall transfer personal property of the elder or vulnerable adult, other than that included in subsection (2) of this section, only when such transfer is in the best interest of the elder or vulnerable adult, as described in subsection (5) of this section.
(5) 
In considering whether or not the sale of fee land or personal property is in the best interest of an elder or vulnerable adult, the Court shall consider:
(a) 
Ability of the sale of the property to improve the life of the elder or vulnerable adult;
(b) 
The likelihood that the elder or vulnerable adult will need or benefit from the property in the future;
(c) 
The current desires of the elder or vulnerable adult with respect to the sale of the property;
(d) 
The ability of the elder or vulnerable adult to maintain the property;
(e) 
The availability and appropriateness of alternatives to the sale of the property;
(f) 
The likelihood that such property may deteriorate or be subject to waste, if not sold;
(g) 
The benefit versus the liability and costs of maintaining the property;
(h) 
Such other factors that may exist in the particular instance.
(6) 
Limited or full guardians may have access to monies or other resources belonging to the elder, if available, in order to provide for the necessary care of the elder or vulnerable adult.
(Ord. 137 § 5.11, 12-4-2009 (Res. 2009-401); Res. 2015-496)
Any disputes regarding the care of an elder or vulnerable adult shall be resolved as to the best interests of the elder or vulnerable adult under Tulalip Tribal law.
(Ord. 137 § 5.12, 12-4-2009 (Res. 2009-401); Res. 2015-496)
The Clerk shall keep a separate, permanent file for each limited or full guardianship proceeding and shall file all papers relevant thereto, including petitions, notices, and orders of hearings. Any limited or full guardian duly appointed shall be entitled to receive, without charge, three certified copies of the letters of limited or full guardianship. Certified copies of filed papers shall be otherwise available at a fee per copy to be established by the Court.
(Ord. 137 § 5.13, 12-4-2009 (Res. 2009-401); Res. 2015-496)
The elder or vulnerable adult, or the Tribes on behalf of the elder or vulnerable adult, may bring a civil action in the Tribal Court against a person whom the Court has determined under this chapter to have exploited an elder’s or vulnerable adult’s resources or monies. Judgments may consist of an order of the Court awarding money damages to be paid to the injured party, or directing the surrender of certain property to the injured party, or the performance of some other act for the benefit of the injured party.
In a civil action for reimbursement the Tribal Court shall apply (in this order) applicable Tribal law, Federal, or State law.
(Ord. 137 § 5.14, 12-4-2009 (Res. 2009-401); Res. 2015-496)
Actions concerning limited or full guardianship of Tribal elders and/or vulnerable adults shall be brought exclusively within this chapter. This chapter does not otherwise amend guardianship provisions contained in Chapter 4.05 TTC, Juvenile and Family Code, or Chapter 4.20 TTC, Domestic Relations Code.
(Ord. 137 § 5.15, 12-4-2009 (Res. 2009-401); Res. 2015-496)