§ 3-202 Guardianship petition.
A. A guardianship case under this chapter shall be initiated by an individual filing a guardianship petition with the Tribal Court or by the Tribal Court’s own order within a current case before the Tribal Court.
B. A guardianship petition may be filed by any person with an interest in the guardianship case’s outcome, including but not limited to a protected individual, a prospective protected individual, a family member of a protected individual or prospective protected individual, and the Tribe; provided, however, that a guardianship petition shall not be filed within thirty (30) days after the appointment of a guardian.
C. The guardianship petition shall include the following information, if available:
1. Contact information for the protected individual or prospective protected individual, all interested parties or prospective interested parties, and proposed guardians, including names, dates of birth, addresses, telephone numbers, and tribal affiliations;
2. A statement of the specific facts that form the basis for the guardianship petition and the Tribal Court’s jurisdiction;
3. A description of any relevant federal, state, or Tribal Court hearings concerning the protected individual or prospective protected individual;
4. A designation of whether a temporary guardian is necessary, and a description of the necessity if applicable;
5. A designation of whether one (1) or more of the protected individual’s parents receive or are eligible to receive per capita distributions, if the protected individual is a child;
6. A designation of whether the protected individual or prospective protected individual receives or is eligible to receive per capita distributions.
D. The individual filing a guardianship petition shall serve a copy of the guardianship petition on the protected individual or prospective protected individual, all interested parties or prospective interested parties, and all proposed guardians. Upon receipt of the petition, the Tribal Court shall notify and provide a copy of the guardianship petition to the Office of the Chairperson and the Director of the Department of Social Services.
E. If a guardianship case is initiated by the Tribal Court’s own order within a current case before the Tribal Court, the Tribal Court shall notify the protected individual or prospective protected individual, all interested parties or prospective individual parties, all proposed guardians, the Office of the Chairperson, and the Director of the Department of Social Services.
F. Any guardianship case involving a prospective protected individual shall, prior to the commencement of any other action in this chapter, except for actions that address emergency situations pursuant to Section 3-208, follow the procedure set forth in Section 3-302 to determine if the prospective protected individual is a vulnerable adult.
1. If the Tribal Court determines that the prospective protected individual is a vulnerable adult, the guardianship case shall proceed and any timelines or deadlines established pursuant to this chapter that commence with the filing of the guardianship petition shall be tolled from the filing of the guardianship petition to the order establishing the vulnerable adult status of the protected individual.
2. If the Tribal Court determines that the prospective protected individual is not a vulnerable adult, the guardianship case shall be dismissed and the guardianship petition shall be rejected. (Res. 2023-60)