Statutes | Muscogee (Creek) Nation Code Title 20, Chapter 3 ยง 3-116 | 2018

A. An elder, the elder's family and caretaker shall be informed about an elder abuse investigation before it begins unless an emergency exists, in which case, they shall be informed as soon as possible, but no later than seventy-two (72) hours after the investigation begins.

B. An elder may refuse to accept elder protection services even if there is good cause to believe that the elder has been or is being abused provided that the elder is able to care for himself/herself and/or has the capacity to understand the nature of the services offered.

C. The elder's family or caretaker may refuse for themselves, but not for the elder, elder protection services offered pursuant to this chapter.

D. An elder, the elder's family or caretaker may refuse to allow an investigator into their home and the investigator shall so inform the elder, the elder's family and caretaker of this right and the right of the investigator to seek a warrant before seeking entry.

E. The investigator shall inform the elder's family and caretaker of their rights as allowed by the Indian Civil Rights Act, whenever it appears that the investigation may lead to criminal charges being filed under the Muscogee (Creek) Nation Criminal Code.

F. The elder, elder's family and caretaker shall be served personally with a petition filed pursuant to this chapter.

G. The elder, elder's family and caretaker have the right to attend any proceeding pertaining to the determination of the elder's capacity and the elder shall be present at all proceedings unless the Tribal District Court determines the elder's health would be at risk at such proceeding.

H. The elder, elder's family and caretaker have the right to be represented by counsel at all proceedings (at their own expense, unless provided for in other codes or laws).

I. The elder, elder's family and caretaker have the right to seek independent medical, psychological, or psychiatric evaluation of the elder (at their own expense).

[NCA 92&ndash141, § 116, approved Nov. 4, 1992.]