Statutes | Lummi Nation Code of Laws Title 5B Chapter 5B.03 ยง 5B.03.050 | 2020
(a) The tribe, a caregiver, or a family member may petition the Court to determine a respondent&rsquos capacity, degree of incapacity, or whether abuse or neglect has occurred.
(b) A petition shall contain:
(1) the name and interest of the petitioner
(2) the name, age, residence and gender of the elder
(3) the basis for the court&rsquos jurisdiction under this Code
(4) a plain and concise statement of facts upon which the claim is made that the respondent is in need of protection, including date(s) time(s) and location(s) at which the alleged facts occurred and
(5) the names of any person alleged to have neglected and/or abused the elder.
(c) The Court may order that the elder be evaluated to determine capacity or degree of incapacity upon a showing that there is reason to have concern.
(d) The Court may appoint a guardian ad litem to advise the court on the best interests of the elder or vulnerable adult or may appoint an attorney to represent the position of the elder or vulnerable adult. The guardian ad litem shall meet, at a minimum, with the elder or vulnerable adult, family members, caregivers, and other persons or agencies that may be designated by the Court. The Court shall set standards for the appointment of a guardian ad litem that shall include requirements that the person:
(1) be familiar with the Lummi community
(2) have training or experience working with elders or vunerable adults
(3) have demonstrated ability to exercise good judgment and discretion
(4) have no prior history of violent crimes or crimes of dishonesty and
(5) have no personal interest in the outcome of the proceeding.
(e) The Court shall conduct a hearing on the petition to determine whether the facts support a finding that the respondent is in need of protection. All relevant evidence that is reliable and trustworthy may be admitted and relied upon by the Court to the extent of its probative value, including hearsay that is corroborated by other evidence. The parties shall be afforded an opportunity to examine and controvert written reports, and crossexamine individuals whose testimony is presented. The Court may rely on conference telephone or other electronic devices that permit all those appearing or participating to hear and speak to each other.
(f) The Court shall make a decision at the conclusion of the hearing. If the allegations of the petition are not sustained by clear and convincing evidence, the Court shall dismiss the matter. If the allegations of the petition are sustained, the Court shall find that the elder is in need of protection, and may enter orders to protect the elder. An oral decision of the Court must be incorporated into a written decision within seven days. At the Court&rsquos discretion, a hearing to determine the provisions of an order under 5B03.060 may be conducted immediately or at an interval following the initial hearing.