13.65.100 Rights of proposed ward, ward, and impacted family.
The Yurok Tribe’s Constitution was adopted in part to ensure peace, harmony, and protection of individual human rights among our members and among others who may come within the jurisdiction of the Yurok Tribe. In the spirit of that constitutional mandate, this adult guardianship code recognizes the following rights on matters within the scope of this chapter:
(a) Proposed wards may refuse to accept services provided, including a guardianship, if there is good cause to believe that they can care for themselves and the elder or vulnerable adult knows of the services offered.
(b) Immediate family may refuse services for themselves but cannot refuse services for the ward or proposed ward.
(c) Proposed wards and immediate family may refuse to allow investigators into their home without a Court order and must be told of the right of an investigator to seek a warrant should entry be denied.
(d) Personal service of notice to the proposed ward, ward, and immediate family is required when a petition is filed pursuant to this Code.
(e) The proposed ward and immediate family have the right to attend all proceedings. If the Court determines the proposed ward is at risk in attending such proceedings, the Court shall, if feasible, make accommodations as the Court sees fit to facilitate the proposed ward’s participation.
(f) The proposed ward, ward, immediate family, and guardian have the right to independent medical, psychological, or psychiatric evaluations at their own expense, but must submit to any Court-ordered evaluation or suffer a possible adverse inference from the failure to cooperate.
(g) Any party to an action pursuant to this Code may nominate a member of their family or of another person known to them to act as an advisor to the Court, or the Court may nominate a person to serve in this role for the proposed ward, ward, or immediate family. The advisor’s role is not designated to replace a party’s advocate but is to help the Court reach a disposition in each case that is consistent with the purposes of this Code to protect elders’ and vulnerable adults’ rights to basic needs and community participation that are consistent with Yurok cultural imperatives. For that purpose, the advisor is allowed to address the Court with a nonbinding recommendation or, with the permission of the parties, address the Court in chambers in an unreported hearing for the purpose of making nonbinding recommendations.
(h) The proposed ward, ward, and immediate family have the right to present evidence at any hearing.
(i) The proposed ward, ward, and immediate family retain all other rights under Yurok law not in conflict with this chapter.
(j) The proposed ward, ward, and immediate family have the right to retain legal counsel. [Ord. 74 § 4010, adopted, 8/26/2021.]