A. The Tribal Court may declare an adult as a vulnerable adult if clear and convincing evidence supports the finding that the adult is temporarily or permanently incompetent or under a legal disability because they have a physical or mental condition that restricts their ability to carry out normal activities and/or requires them to have a guardian.

B. The Tribal Court shall provide notice to the adult, all individuals that would be interested parties upon a determination that the adult is a vulnerable adult, the Office of the Chairperson, and the Department of Social Services that the Tribal Court will hold a hearing on the vulnerable adult status of the adult.

C. The Tribal Court shall provide an opportunity for the prospective protected individual, all prospective interested parties, the Office of the Chairperson, and the Department of Social Services to submit written arguments or appropriate documentation in support of or against a declaration that the adult is a vulnerable adult.

D. The Tribal Court shall hold a hearing and provide an opportunity for the prospective protected individual, all prospective interested parties, the Office of the Chairperson, and the Department of Social Services to provide oral arguments in support of or against a declaration that the adult is a vulnerable adult.

E. The Tribal Court shall place reasonable limitations on the ability of the public to access submitted documents if, in the Tribal Court’s sole discretion, the imposition of limitations is in the best interest of the prospective protected individual, including to avoid the unnecessary disclosure of confidential or private information.

F. The Tribal Court shall place reasonable limitations on the ability of certain interested parties to access submitted documents or attend hearings if, in the Tribal Court’s sole discretion, the imposition of limitations is in the best interest of the prospective protected individual, including to avoid the unnecessary disclosure of confidential or private information. (Res. 2023-60)