DMR.4.6.010 Rights of Elders, Their Families and Caretakers

(a) An elder or vulnerable adult may refuse to accept protection services, even if there is good cause to believe that the elder or vulnerable adult has been or is being abused, provided that s/he is able to care for him/herself, has the capacity to understand the nature of the services offered and it is determined that the abuse has stopped.

(b) An investigator may be refused entry into the home of the elder or vulnerable adult by the elder or vulnerable adult, their family or caretaker but the investigator will inform them of the right to seek a warrant before seeking entry.

(c) The elder or vulnerable adult, their family or caretaker have the right to attend any proceeding pertaining to the determination of the capacity of the elder or vulnerable adult and the elder or vulnerable adult shall be present at all proceedings unless the Tribal Court determines the health of the elder or vulnerable adult would be at risk at such a proceeding.

(d) The elder or vulnerable adult, their family and caretaker have the right to be represented by counsel at all proceedings.

(e) In any proceeding involving an elder or vulnerable adult, all interested parties, including family and caretakers, may petition the Tribal Court to obtain party status in the proceeding.