DMR.3.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Guardian" means an individual who is appointed by any Court to manage the income and assets and provide for the essential requirements and safety and the personal needs of an individual found to be incompetent;

(b) "Guardian ad Litem" means an individual who is appointed by the Court to represent the best interests of the proposed ward;

(c) "Incapacity" means the current functional inability of a person to sufficiently understand, make, and communicate responsible decisions about him/herself as a result of mental illness, mental deficiency, physical illness or disability, or chronic use of drugs or alcohol, and to understand the consequences of any such decision. Incapacity may vary in degree and duration and shall not be determined solely on the basis of age.

(d) "Person" means a proposed ward who is a member of the Tribe or is eligible for membership in the Tribe, whether or not domiciled on the Reservation, or an Indian person who resides within the boundaries of the Reservation.

(e) "Proposed Ward" means a person alleged to be incapacitated for whom a petition for guardianship is filed.

(f) "Protective Placement" means the placement of an individual found to be incapacitated in a hospital, nursing home, residential care facility, or transfer of the individual found to be incapacitated from one such institution to another with appropriate legal authority.

(g) "Protective Services" means the services provided to an individual found to be incapacitated which include, but are not limited to: social case work, psychiatric and health evaluation, home care, day care, legal assistance, social services, health care, case management, guardianship and other services consistent with this ordinance. It does not include protective placement.

(h) "Reservation" means lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(i) "Tribal Court" means the duly constituted court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, as established by the Tribal Governing Board, with the judicial authority of the Tribe pursuant to Tribal Governing Board Resolution 76-10, dated May 27, 1976.

(j) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.