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Article II. Guardianship Case
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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)