5B.03.040 Rights of Elders, Vulnerable Adults, Their Families and Caregivers

Statutes | Lummi Nation Code of Laws Title 5B Chapter 5B.03 § 5B.03.040 | 2020

(a) Elders or vulnerable adults may refuse to accept protective services provided the Adult Protection Team finds there is good cause to believe that the person can take care of themselves and the elder or vulnerable adult knows of the services offered.

 

(b) Family members or caregivers may refuse services for themselves but cannot refuse services for the elder or vulnerable adult.

 

(c) Elders, vulnerable adults, or caregivers may refuse to allow investigators into their home, but the investigator may obtain court permission for entry by showing good cause for entry.

 

(d) When a petition is filed with the Court under this Code, the petitioner must make diligent efforts to make personal service of notice to the respondent, the primary caregiver, and any children or parents. In the absence of children or parents, notice must be provided to the closest known relative of the respondent.

 

(e) The respondent and the primary caregiver are parties to any court proceeding under this Code. A family member may also attend a court proceeding under this Code unless the Court determines that the person does not have sufficient ties with the respondent or that the attendance of the family member is not in the respondent&rsquos best interests.

 

(f) The Court may exclude a person, including a party other than the respondent, from court proceedings if the Court finds that the attendance of that person is not in the respondent&rsquos best interests, but may not issue an order against that person unless the person has had an opportunity to be heard.

 

(g) A family member may seek to intervene as a party upon a showing that the family member has sufficient interest in the outcome of the case and that party status is necessary to protect the rights of the family member or would be helpful in protecting the best interests of the respondent.

 

(h) The Court may limit a party&rsquos access to medical or other confidential records as necessary to protect the health, safety, or welfare of the respondent. A party may petition the Court for the Court to order a medical, psychological, or psychiatric evaluation at the party&rsquos own expense.