CHAPTER 35-1
GENERAL PROVISIONS
35-1-1 Authority and Delegation.
The ordinance codified in this title is enacted by the Tribal Council pursuant to the powers vested to it under Article V of the Constitution of the Prairie Band Potawatomi Nation, approved December 6, 2007, as may be amended from time to time.
Consistent with these constitutional powers, the Tribal Council may delegate some or all of its statutory authority to Tribal agencies on behalf of the Nation when acting as a conservator/guardian of wards.
(Enacted by PBP TC No. 2025-193, June 5, 2025)
35-1-2 Declaration of Purpose and Policy.
The Tribal Council of the Prairie Band Potawatomi Nation hereby declares that in order to provide for vulnerable adults and minors and to promote the social and economic welfare and to protect the peace, safety, and general welfare of the Nation, it is necessary to adopt a guardianship and conservatorship code.
(Enacted by PBP TC No. 2025-193, June 5, 2025)
35-1-3 Definitions.
Unless the context requires otherwise, as used in this Title:
(A) Adult With an Impairment in Need of a Guardian or a Conservator, or Both. A person over which the Tribal Court has jurisdiction, whose ability to receive and evaluate relevant information, or to effectively communicate decisions, or both, even with the use of assistive technologies or other supports, is impaired such that the person lacks the capacity to manage such person’s estate, or to meet essential needs for physical health, safety or welfare, and who is in need of a guardian or a conservator, or both.
(B) Clerk. The Clerk of the Tribal Court of the Prairie Band Potawatomi Nation.
(C) Conservator. A person appointed by the court to have the custody and control of the estate of a ward under the provisions of this Guardianship and Conservatorship Code.
(D) Court. The Tribal Court of the Prairie Band Potawatomi Nation.
(E) Estate. The real and personal property of a ward.
(F) Family Member. The spouse, children, siblings, parents, uncles, aunts, nieces, nephews, grandparents, grandchildren, mother-in-law, father-in-law, sister- in-law, brother-in-law, son-in-law, and daughter-in-law, of the ward.
(G) Functional Limitations. The behavior or condition of a person which impairs the person’s ability to care for the person’s personal safety or to attend to or provide for necessities for the person and whose ability to receive and evaluate relevant information, or to effectively communicate decisions, or both, even with the use of assistive technologies or other supports, is impaired such that the person lacks the capacity to manage such person’s estate, or to meet essential needs for physical health, safety or welfare, and who is in need of a guardian or a conservator, or both.
(H) Guardian. The person appointed by the court to have the custody of the person of the ward under the provisions of this Guardianship and Conservatorship Code.
(I) Guardian Ad Litem. A guardian ad litem is an attorney, appointed by the Tribal Court, whose duty is to advocate for and represent the best interests of a proposed ward throughout the guardianship or conservatorship proceedings. This advocacy includes assessing the circumstances and needs of the proposed ward, providing recommendations to the Tribal Court regarding the best interests of the proposed ward, and ensuring that the proposed ward’s rights and preferences are considered throughout the proceedings, while prioritizing the welfare and safety of the proposed ward.
(J) Hearing. A proceeding before the Tribal Court of the Prairie Band Potawatomi Nation.
(K) Impairment. The condition of any person who has been adjudicated by a court to meet at least one of the following conditions:
(1) To have a decision-making capacity which is so impaired that the person is unable to care for the person’s personal safety or to attend to or provide for necessities for the person such as food, shelter, clothing, or medical care, without which physical injury or illness may occur.
(2) To have a decision-making capacity which is so impaired that the person is unable to make, communicate, or carry out important decisions concerning the person’s financial affairs.
(L) Letters. Letters of guardianship and/or letters of conservatorship.
(M) Meet Essential Needs for Physical Health, Safety or Welfare. Making those determinations and taking those actions which are reasonably necessary in order for a person to obtain or be provided with shelter, sustenance, personal hygiene or health care, and without which serious illness or injury is likely to occur.
(N) Minor. A person under the age of eighteen (18) years.
(O) Nation. The Prairie Band Potawatomi Nation and its Tribal Council, commissions, boards, agencies, departments, corporations, divisions, instrumentalities, economic enterprises, Tribal Council members, commissioners, board members, officials, agents, officer and employees.
(P) Non-member. A person who is not an enrolled member of the Prairie Band Potawatomi Nation.
(Q) Person. Enterprises, corporations, and departments of the Prairie Band Potawatomi Nation and includes other natural persons, and entities, agencies, and departments, whether public or private, if the other natural person, entity, agency or department is qualified to act as a guardian and/or conservator and has no proprietary or legal interest in an organization which provides direct services to the ward and if authorized to act in a fiduciary capacity and otherwise found to be suitable by the court. Notwithstanding the foregoing, any enterprise, corporation, and department of the Nation is a person eligible to be appointed as guardian and conservator pursuant to this Title.
(R) Property. Both real and personal property.
(S) Trial. A proceeding before the Tribal Court of the Prairie Band Potawatomi Nation.
(T) Trial Court. The Tribal Court of the Prairie Band Potawatomi Nation.
(U) Tribal Code. The Law and Order Code of the Prairie Band Potawatomi Nation.
(V) Tribal Council. The members of the Tribal Council of the Prairie Band Potawatomi Nation.
(W) Tribal Court. The court of the Prairie Band Potawatomi Nation.
(X) Tribal Land. All trust and fee land owned by the Nation.
(Y) Ward. A person who has a guardian or conservator appointed by the court to care for and take responsibility for that person or that person’s financial and other affairs.
(Enacted by PBP TC No. 2025-193, June 5, 2025)
35-1-4 Civil Action.
Actions and proceedings arising pursuant to this Guardianship and Conservatorship Code are civil actions.
(Enacted by PBP TC No. 2025-193, June 5, 2025)
35-1-5 Applicability of Rules of Civil Procedure.
All actions triable in guardianship and/or conservatorship shall be governed by the Rules of Civil Procedure of the courts of the Prairie Band Potawatomi Nation.
(Enacted by PBP TC No. 2025-193, June 5, 2025)