Article II. Guardianship Case
§ 3-201 Jurisdiction.
A. The Tribal Court shall only appoint a guardian when appointment of a guardian is in the best interest of the protected individual.
B. The following circumstances are sufficient, but not required, to determine that appointment of a guardian is in the best interest of the protected individual:
1. The protected individual has suffered serious physical or emotional harm inflicted nonaccidentally upon the protected individual by any interested parties;
2. There is a substantial risk that the protected individual will suffer serious physical or emotional harm if an appointment of a guardian is not made;
3. The protected individual is not under adequate supervision, care, or protection by any interested parties;
4. All interested parties maintaining guardianship over the protected individual desire to voluntarily relinquish guardianship of the protected individual and a suitable guardian is available;
5. All interested parties maintaining guardianship over the protected individual predecease the protected individual. (Res. 2023-60)