11.05.120 Elder and vulnerable adults orders – Terms.
(a) If the Tribal Court determines that there is incapacity or evidence of abuse or neglect of an elder or vulnerable adult, a protection order will be issued which must contain a care plan for the protection (said care plan for the protection of a named individual must also be issued when temporary orders for protection are made) of the named individual and which shall contain protections addressing the care of the elder or vulnerable adult, but shall not necessarily be limited to the following:
(1) Removing the abuser from the place where abuse or neglect occurs, including the elder or vulnerable adult’s home;
(2) Securing the abused in a care facility;
(3) Enjoining the abuser from committing further abusive acts;
(4) Requiring any party having a fiduciary duty to the elder or vulnerable adult to account for the elder or vulnerable adult’s funds, and/or real or personal property;
(5) Requiring compensatory damages to be paid by an abuser or neglectful person to the elder or vulnerable adult for injuries resulting from abuser’s or neglectful person’s wrongful act(s);
(6) Assessing a fine pursuant to this Code; and
(7) Appointing a representative, guardian, guardian ad litem, or appointing or ordering the securing of a representative payee for the elder or vulnerable adult’s benefits, or to otherwise manage their personal resources.
(b) All such orders must be reviewed at least every 12 months, and should be set for such a review if earlier dates of review are not established at the conclusion of the order establishing the need for a protective order. [Ord. 24 § 12, adopted, 2/10/2011.]