9.06.040 Procedure for Appointment of Guardians; Petitions; Hearing; Order

Appointment of a guardian may be made on the petition of a relative or other person on behalf of the person for whom the guardianship is sought, or on the petition of a child if twelve (12) years old.

The petition for appointment shall contain:

(a) The name of the person or persons for whom the guardianship is sought, and property identifying information;

(b) The circumstances and grounds making the appointment of a guardian necessary;

(c) The names, ages, relationships, and post office addresses of the immediate relatives and next of kin, and of the person having care of the person, or persons, for whom guardianship is sought;

(d) The facts concerning the condition of the person and the estate; description, nature and probable value of the property owned by the child, incompetent, habitual drunkard, or spendthrift, if any; and the probable income therefrom.

The petition shall be verified by the petitioner and filed with the Clerk of the Tribal Court as a permanent record.

Upon the filing of a petition the Court shall give notice, by first class mail, at least fifteen (15) days prior to the hearing, to all persons specified in Subsection (c) and shall fix a time and place for hearing. Any person interested may appear at the hearing in person or by counsel and be heard upon any of the matters involved.

At the time and place fixed by the hearing, the Court shall hear the parties and make such order as the Court may deem necessary and direct letters of guardianship to issue upon the filing of a bond in such amount as the Court shall direct. The Court may specify directions for the care of the person or persons, or management of the estate, of the said ward or wards, in such order either in general terms or by specific directions.