Statutes | Kickapoo Tribe of Oklahoma Tribal Vulnerable Adult Protection Ordinance Chapter 4 ยง 406 | 2020

a.      Protective Orders. If the Court determines that a Vulnerable Adult is incapacitated and/or abused, neglected or self-neglected, or exploited, the Court shall issue a Vulnerable Adult Protection Order, and Emergency Vulnerable Adult Protection Order or Temporary Guardianship which provides appropriate protection for the Vulnerable Adult. Such order shall set out the specific services to be provided and may include, but is not limited to the following:

 

1.     Authorizing protective service, protective placement and/or appointing a temporary guardian of the person and/or the estate

 

2.     Removing the Vulnerable Adult from the place where the abuse, neglect or  self­ neglect, or exploitation has taken or is taking place

 

3.     Placing the Vulnerable Adult under protective supervision, wherein the Vulnerable

                Adult is permitted to remain in the home with the Department or a designated agent

                providing supervision and assistance to correct the neglect or exploitation of the

                Vulnerable Adult, and if necessary, immediately removing the person who abused,

                neglected, or exploited a Vulnerable Adult from the Vulnerable Adults home

 

4.     Restraining the person who has abused, neglected, or exploited the Vulnerable Adult from continuing such acts

 

5.     Specify who may or may not visit the Vulnerable Adult if shown necessary for the protection of the Vulnerable Adult

 

6.     Freezing the assets of the Vulnerable Adult, if the Vulnerable Adult is being exploited, and directing a full accounting and investigation of the person alleged to be improperly managing the estate of the Vulnerable Adult.

 

7.     Recommending that a representative payee be named to receive, on behalf of the Vulnerable Adult, any funds owed to the Vulnerable Adult and establishing any new accounts necessary to pay the daily living expenses of the Vulnerable Adult

8.     Designate the tribal department or agency responsible for implementing the order

b.     Emergency Vulnerable Adult Protective Order. In addition to the services listed in sub-section (a) above, and Emergency Vulnerable Adult Protective Order:

1.     Shall be issued for a maximum of Ten (10) days

2.     May be issued ex parte without notice

3.     Can be set aside by the Court upon a petition of any party showing good cause

4.     Set a date for hearing of the Vulnerable Adult Protective Petition.

 

c.      Vulnerable Adult Protective Order. In addition to the services listed in sub-section (a) above, a Vulnerable Adult Protective Order:

1.     Shall be issued after a Court hearing with notice

2.     May suspend or revoke the powers of an attorney-in-fact granted by a durable power of attorney, or revoke an irrevocable trust, or terminate a guardianship or conservatorship established pursuant to Kickapoo Tribe of Oklahoma law.

 

3.     Require any person who has abused, neglected, or exploited a Vulnerable Adult to

              pay restitution to the Vulnerable Adult for damages resulting from that persons wrongdoing.