1) The elder or vulnerable adult’s name, birth date, residence, Tribal affiliation and enrollment number, address of the person’s own home, or locations or institution (name and address) where the elder or vulnerable adult has resided and is now located, if not at his or her own home;

2) The petitioner’s name, birth date, residence, tribal affiliation, and relationship to the elder or vulnerable adult;

3) A description of the physical and/or mental problems or limitations that make the elder or vulnerable adult unable to manage his or her own affairs;

4) A doctor’s report or letter, under oath, to the effect that the vulnerable adult is not presently able to handle his or her property and affairs; the anticipated duration of the incapacity, and any prior judicial finding of incapacity, if available;

5) If a limited guardianship over the elder or vulnerable adult’s person is requested, then a description of the particular powers that the limited guardian is proposed to exercise and the particular areas of protection and assistance required;

6) If a limited or full guardianship over any or all real property is requested, than a general description of the personal or non-trust property of the elder or vulnerable adult;

7) If a limited or full guardianship over any or all of the financial affairs is requested, then a general description of the income or other financial resource or personal property of the elder or vulnerable adult;

8) The names, addresses, and relationship, if reasonably available, of the elder or vulnerable adult’s spouse, children, parents, and any siblings, grandchildren or other persons who have been significantly involved in the care of the elder or vulnerable adult during the past three years, and the name or any other person(s) and relationship to the elder or vulnerable adult who may be available to share the guardianship responsibilities with the petitioner;

9) Whether a limited or full guardian has been appointed for the elder or vulnerable adult in any other tribal or state court;

10) Whether the elder or vulnerable adult has provided for powers of attorney or appointment of representative payee on his or her own behalf;

11) The requested length of time for which the petitioner is requesting the guardianship.

1) Notice of the guardianship hearing and a copy of the petition shall be personally served upon the elder or vulnerable adult for whom the guardianship is requested: the person or persons proposed as guardian for the elder or vulnerable adult; any family members whom the elder or vulnerable adult wishes to have appear; and any existing guardian or primary caregiver with responsibility for the elder or vulnerable adult.

2) Notice and a copy of the petition shall be served by certified US mail to: parents and any adult children of the elder or vulnerable adult; the spouse of the elder or vulnerable adult if residing outside the service area of the Muckleshoot Indian Tribe, and any other person with whom the elder or vulnerable adult is living or who is serving as a care provider or undertaking fiduciary responsibilities pursuant to a power of attorney or representative payee appointment.

3) A hearing on the Petition for Guardianship shall be held not less than 14 days or more than 45 days from the service of the notice and petition unless good cause is shown.

1) The elder or vulnerable adult named in the petition shall be present at all hearings unless the person is incapacitated and unable to appear as documented by a physician, or files a declaration with Court the requesting that the hearing proceed without them. An appointed guardian ad litem may file an affidavit with the Court stating that a) he or she has fully explained the nature of the hearing to the elder or vulnerable adult and to the best of their belief the elder or vulnerable adult has understood the nature of the hearing and has clearly expressed a desire not to be present; or b), that to the best of his or her information and belief, the elder or vulnerable adult is incapable of understanding the nature of the hearing or participating in the hearing. Upon a finding from the evidence that the elder or vulnerable adult cannot participate in the hearing(s), the court may waive his or her appearance, provided that counsel or a guardian ad litem is present at every hearing on the merits of the petition, in the elder or vulnerable adult’s behalf.

2) At the hearing, the Court shall examine the petition and take such testimony as any interested party wishes to present. The petitioner must prove by a preponderance of the evidence that the elder or vulnerable adult is unable to manage his or her own affairs due to loss of memory or reasoning ability, acute alcoholism or abuse of drugs; mental illness; other medical condition or incapacity, and that elder or vulnerable adult lacks the ability to manage his or her own affairs to the extent that his or her personal health, or physical or financial security is measurably threatened, and there are no less restrictive alternatives reasonably available to remedy these problems.

3) The Court shall make specific findings as to the above. If the Court determines that a limited of full guardianship is necessary to protect the person or property of the elder or vulnerable adult, the Court shall further make written findings regarding the scope of the guardianship, and as to whether the limited or full guardianship should be shared among one or more family members or interested persons. The guardian powers shall extend only to such areas specifically states in the findings and order, and such powers shall be no more extensive than is necessary to address the facts proven by the petitioner. The preference of the elder or vulnerable adult as contained in an unrevoked durable power of attorney or as otherwise clearly stated, shall control selection of the limited or full guardian or guardians except for good cause or disqualification.

4) The order shall clearly state the time of guardianship review, and reporting requirements.

1) Persons appointed a limited or full guardianship over the income or personal or non-trust real property of the elder or vulnerable adult shall file and inventory with the Court of all such income and personal or non-trust real property prior to the appointment or at such time as may be extended by the court upon a showing good cause of requesting such extension. The inventory shall include all heritage personal property, which means any baskets, beadwork, regalia, tools, or other material of extended family origin that is in the possession of the elder or vulnerable adult.

2) The Court may require certain limited or full guardianship funds be place into a judicially blocked account or bank account.

1) Actions taken to provide the elder or vulnerable adult with continued access to his or her accustomed spiritual and religious community;

2) Actions taken to provide the elder or vulnerable adult with access to appropriate Muckleshoot Tribal Community social and cultural activities, and to family and extended family gatherings;

3) Actions taken to provide necessary and appropriate medical or therapeutic treatment, and other services that the elder or vulnerable adult is receiving, along with names of service providers;

4) The current address and living situation, including names, contact information, and responsibilities of all caregivers and/or family members providing assistance to the elder or vulnerable adult; and

5) Proposed or anticipated changes, including changes of residence, in order to improve the elder or vulnerable adult’s living situation; or additional assistance or services deemed required;

6) Proposed transfers of property, or making of a Will;

7) Within 30 days of the death of the elder or vulnerable adult, a final report shall be filed with the Court including the above information, and including additional information regarding the transfer of remaining resources to the estate of the elder or vulnerable adult.

1) Failure to file an initial inventory or to appear and file a written report at the time of a scheduled review pursuant to part (f)(4) above, shall constitute grounds for terminating the limited or full guardianship, provided that the limited or full guardian is given fifteen (15) days’ notice and an opportunity to request a rescheduling of his or her appearance, and request to file a late report, but not later than 15 days (15) from receipt of notice unless extended by the Court for good cause, in order to avoid termination of the guardianship.

2) A finding of failure to fulfill limited or full guardianship duties in a reasonable and responsible manner after a review hearing shall be cause to terminate the limited or full guardianship. A hearing on the proposed termination may be filed on the Court’s own motion or on the motion of any interested party, and shall be scheduled no less than fifteen (15) days from the filing and service to all interested parties, of the motion to terminate.

3) The limited or full guardianship shall automatically terminate on the death of an elder or vulnerable adult. The guardian shall provide an accounting of resources and property at the time of death to the Court not later than 30 days from the death of the elder or vulnerable adult, and the Court may require the guardian to appear at a hearing on the matter.

4) If the Court terminates a limited or full guardianship and the elder or vulnerable adult continues to be in need of a guardian, the Court will appoint a Temporary Guardian per part 10.01.120(d) above, and Muckleshoot APS will provide assistance and services to protect and care for the health, safety, and welfare of the elder or vulnerable adult pending a hearing for appointment of another full or limited guardian.

5) If the Court terminates a limited or full guardianship and the elder or vulnerable adult continues to be in need of a guardian, the Court may consider transfer of guardianship to another court of competent jurisdiction per part 10.01.050 (e) this title as is necessary and appropriate.