(a) The Tribal Court shall have authority to appoint guardians when the person for whom the
guardianship is sought is a member of the Spokane Indian Tribe, whether or not he or she
resides on the Reservation.
(b) The Tribal Court must refer matters concerning the custodianship of a minor, under the age of
18 years, to the Youth Court of the Spokane Tribe of Indians.
(c) The minor shall be under the jurisdiction of the youth court in accordance with Chapter 6 of the
Law and Order Code of the Spokane Tribe of Indians.
(d) The Tribal Court shall, in the process of administering an estate for which there is a valid will
containing a designation of a guardian or custodian for minor children, appoint the person
therein designated as guardian or custodian in accordance with Chapter 6 of the Law and Order
Code of the Spokane Tribe of Indians.
Section 5-41 Guardianship Petitions
5-41.01 Petition.
(a) Guardianship proceedings shall be initiated by the filing of a petition by a relative or other
person on behalf of the alleged incapacitated person.
(1) The Court may initiate proceedings to appoint a guardian if such appointment reasonably
appears necessary and no other person has initiated such proceedings.
(b) The petition shall set forth the name of the petitioner; the petitioner's relationship to the alleged
incapacitated person and shall list all known relatives of the alleged incapacitated person and
their addresses, relationships, and ages insofar as is known to petitioner.
(1) It shall list all property of the person, real and personal, known to petitioner and shall list in
detail the present conditions and circumstances that warrant the appointment of a guardian.
(2) The petition shall pray that Letters of Guardianship be issued to him/herself or some other
suitable person to act as guardian of the alleged incapacitated person.
5-41.02 Notice; Hearing.
(a) The petitioner, or the Clerk of the Court, shall cause notice to be given in accordance with this
code to all known interested persons listed on the petition not less than 15 days before a
scheduled hearing.
(b) Upon filing of the petition with the Court, the Court shall appoint an independent third party to
act as a guardian-ad-litem pursuant to the Law and Order Code of the Spokane Tribe of Indians.
(1) The guardian-ad-litem shall represent the interests of the alleged incapacitated person
for the purpose of and duration of all guardianship hearings.
(2) The guardian-ad-litem shall represent the alleged incapacitated person until such time
the Court issues Letters of Guardianship, at which time the guardian-ad-litem shall be
discharged.
(c) Hearing for alleged incapacitated person. At a hearing conducted to appoint a guardian for an
alleged incapacitated person, the Court shall: examine the petition; determine the need to have
a guardian appointed by taking such testimony as any interested party wishes to present, but
including not less than 2 independent doctors' reports, written or oral, under oath, to the effect
that the alleged incapacitated person is not presently able to handle his property or affairs, the
anticipated duration of the incapacity, and that the best interests of the incapacitated person will
be served by having a guardian appointed.
(1) At the hearing the court shall determine which person, either the petitioner or some
other person, is most suitable to act as guardian, and that person's willingness to act as
such.
(2) The court shall order the appointment of a guardian, setting forth the authority of the
guardian, whether or not security for his/her performance is to be required, and the
duration of such appointment.
Section 5-42 Guardian
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Revised Spokane Law & Order Code, 5/14/2013