5-42.01 Who May Serve As Guardian.
(a) Any adult person 21 years of age or older and subject to the jurisdiction of the Tribal Court may
serve as a guardian.
(b) In all cases, the Court shall determine the best interests of the incapacitated person in selecting
a guardian.
5-42.02 Security For Faithful Performance Of Duties.
(a) The Court may, but need not, require a guardian to provide security in the form of a bond or
otherwise to assure the faithful performance of the guardian's duties.
(b) Any surety of any such security will be deemed to have consented to the jurisdiction of the
Tribal Court for purposes of action against such security.
5-42.03 Declaration; Letters Of Guardianship.
(a) The guardian appointed by the Court shall be required to make a declaration, the form of which
is prescribed by and attached to this chapter, to the effect that he/she will faithfully perform
his/her duties as guardian.
(b) Upon making the declaration and filing with the Court such security, if any, as may have been
required, the guardian shall be issued Letters of Guardianship, issued by the clerk under the seal
of the Court, as evidence of his/her appointment.
(1) Any limitations in the authority of the guardian shall be set forth on the Letters of
Guardianship so issued.
5-42.04 Guardian's Compensation.
(a) No guardian shall receive any compensation for acting as such, without the prior approval of the
Court.
(b) The guardian of an estate in excess of $3,000 in value may receive annual compensation for
acting as such in an amount not less than $25 nor greater than 10% of the gross income of the
estate; such compensation must be approved by the Court.
(c) The guardian of an estate worth less than $3,000 in value shall receive no compensation unless
specifically ordered by the Court for extraordinary service to the estate.
5-42.05 Powers and Responsibilities Of Guardian.
(a) Except as otherwise specifically ordered or limited by the Court:
(1) A guardian of the incapacitated person shall have the right to take or provide for the
custody of the person and shall be required to care for the health, safety and welfare of
the person and provide for their education and medical care as needed or appropriate.
(2) A guardian of the estate and property of an incapacitated person shall have authority to
invest, manage and dispose of the personal property of the person in a prudent and
reasonable manner and expend such portions of the estate, income and principal, as
he/she shall deem reasonably necessary for the support, care, including medical care,
and education of the person given the size and nature of the estate and the station in
life and needs of the person.
(3) A guardian shall have power and authority to represent an incapacitated person's best
interests in actual, threatened or contemplated litigation or other proceedings of a legal
nature (other than of a criminal nature), and to employ counsel, and settle or
compromise suits or claims, subject to the approval of the Court.
(b) A guardian of any kind may petition the Court for authority to do any act which he/she is
uncertain of his/her authority, and the Court may grant such authority after such notice and
hearing, if any, as the Court may direct, if such appears to be consistent with the best interests
of the incapacitated person.
(c) A guardian of any kind shall stand in a fiduciary relationship to the incapacitated person ward;
shall exercise a high degree of care in managing the estate of his/her ward; shall derive no
personal benefit of any kind from his/her management of the estate of his/her ward; and shall
be civilly liable to said ward for any losses to the estate attributable to a breach of these duties.
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Revised Spokane Law & Order Code, 5/14/2013