Statutes | Lummi Nation Code of Laws Title 5B Chapter 5B.03 ยง 5B.03.060 | 2020
(a) If the Court determines that a respondent is incapacitated or that a respondent has been neglected or abused, the Court shall issue a protection order that provides for the least restrictive alternatives while meeting the respondent&rsquos needs. The order may include among other provisions:
(1) removal of the respondent to a safe location
(2) appointing a representative, guardian, limited guardian, or a protective payee for the respondent and
(3) implementing a plan to deliver protective services that provides for the respondent&rsquos needs the Court may order the Adult Protection Team to recommend a plan.
(b) If the Court determines that a respondent has been neglected or abused by a third party, the Court may make an order against the third party if that person has had notice and an opportunity to be heard at the hearing, including the opportunity to cross-examine individuals whose testimony is presented. As the Court deems appropriate, it may issue an order for the protection of the respondent, including:
(1) enjoining the abuser from committing further abusive acts
(2) requiring any party having a fiduciary duty to the respondent to account for the respondent&rsquos funds and or property
(3) requiring a person with a duty to the respondent to fulfill that responsibility so that the respondent&rsquos basic needs are met and
(4) requiring compensatory damages to be paid by an abuser or neglectful person for injuries resulting from abuser&rsquos or neglectful person&rsquos wrongful act.
(c) Before appointing a person to be a representative, guardian, limited guardian, protective payee, or guardian ad litem for an elder or vulnerable adult, the Court shall order that the person sign a release so that the person&rsquos history may be checked by Lummi Family Services and appropriate criminal history databanks. Any such person has a fiduciary responsibility toward the elder. The Court may set terms and conditions for a representative, guardian, limited guardian, or protective payee including an oath, bond, insurance, or other provisions to protect the elder or vulnerable adult. The court shall set documentation and reporting requirements for any person given authority to receive payments of funds, to secure the elder or vulnerable adult&rsquos funds, property, services, or other resources, or to expend funds.
(d) Review of the need to continue the protective order shall occur every 6 months or upon motion for good cause shown. The review shall include an accounting for the elder or vulnerable adults funds, property, credit, services, or other resources if the Court has designated a protective payee or guardian with responsibility for safeguarding or expending those items. The Court shall also review information about the elder or vulnerable adult including the services provided, mental and physical status, living conditions, and other information that may be helpful to the Court. At the review, the Court may extend or amend the protection order if cause is shown by clear and convincing evidence.