SEMINOl-,E TRIBE OF FLORIDA GUARDIANSHIP,

Tribal code

Ask Donna

What actually matters in this document.

Text

RE:

SEMINOl-,E TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

SEMINOLE TRIBE OF FLORIDA

HOLLYWOOD, FLORIDA

ORDINANCE NO. C-03-21

WHEREAS, the Seminole Tribe of Florida is an organized Indian Tribe as defined in Section 16 of the

Indian Reorganization Act of June 18, 1934, as amended; and

WHEREAS,

the Tribal Council of the Seminole Tribe of Florida is the governing body of the Seminole

Tribe of Florida; and

WHEREAS, pursuant to Article IV of the Bylaws of the Amended Constitution and Bylaws of the

Seminole Tribe of Florida, all final decisions of the Tribal Council on matters of general and

permanent interest to Members of the Seminole Tribe of Florida and to Tribal administration

are to be embodied in Ordinances; and

WHEREAS, on February 19, 2008, the Tribal Council of the Seminole Tribe of Florida enacted Ordinance

C-01-08, the SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP ORDINANCE; and

WHEREAS, the Tribal Council of the Seminole Tribe of Florida has determined that Ordinance C-01-08

is outdated and it is in the best interest of the Members of the Seminole Tribe of Florida that

the SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP ORDINANCE be re-written; and

WHEREAS, the Tribal Council of the Seminole Tribe of Florida has reviewed this Ordinance and it is

otherwise fully advised.

NOW THEREFORE BE IT ENACTED: that this Ordinance cancels and replaces Ordinance C-01-08,

"Seminole Tribe of Florida Guardianship Ordinance" and the following shall govern all guardianships,

conservatorships, protective arrangements and related proceedings.

Preamble

1. It is the policy of the Tribal Council to protect the health, safety and welfare of Tribal Members who

are unable to provide for themselves or who are unable to protect themselves from harmful or

dangerous undue influences by providing processes for their care and assistance in a manner which

respects their dignity and individuality.

2. It is the purpose of this Ordinance to promote the Tribal public welfare by establishing a system that

permits these vulnerable Tribal Members to participate as fully as possible in all decisions affecting

them, that assists them in meeting the essential requirements for their health and safety, in protecting

their rights, managing their financial affairs, and in developing or regaining their abilities to the

maximum extent possible; and that accomplishes these objectives through providing, in each case,

the kind of assistance that least interferes with their legal capacity to act on their own.

3. The terms and provisions of this Ordinance shall be liberally construed in conformity with and to

promote the stated policy and purpose.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWO

Table of Contents

Article 1 - General Provisions

Section 101. Short Title.

Section 102. Definitions.

Section 103. Tribal Sovereign Immunity.

Section 104. Supplemental Principles of Law and Equity.

Section 105. Practice in Court.

Section 106. Letters of Guardianship and Conservatorship.

Section 107. Effect of Acceptance of Appointment.

Section 108. Judicial Appointment of Successor Guardian or Successor Conservator.

Section 109. Effect of Death, Removal, or Resignation of Guardian or Conservator.

Section 110. Notice of Hearing Generally.

Section 111. Waiver of Notice.

Section 112. Appointment of Court Monitor.

Section 113. Request for Notice.

Section 114. Disclosure of Bankruptcy or Criminal History.

Section 115. Compensation and Expenses; In General.

Section 116. Compensation of Guardian or Conservator.

Section 117. No Liability of Guardian or Conservator for Act or Omission of the Ward.

Section 118. Petition after Appointment for Instruction or Ratification.

Section 119. Use of Agent by Guardian or Conservator.

Section 120. Temporary Substitute Guardian or Conservator.

Section 121. Grievance against Guardian or Conservator.

Section 122. Appointment of a Non-Individual as Guardian or Conservator.

Section 123. Severability.

Section 124. Dual Capacity.

Section 125. Process and Personal Service.

Section 126. Rules of Construction.

Article 2 - Guardianship of Minor

Section 201. Basis for Appointment of Guardian for Minor.

Section 202. Petition for Appointment of Guardian for Minor.

Section 203. Notice and Hearing for Appointment of Guardian for Minor.

Section 204. Appointment and Role of Court Monitor.

Section 205. Attorney for Minor.

Section 206. Attendance and Participation at Hearing for Appointment of Guardian for Minor.

Section 207. Order and Priority of Appointment; Limited Guardianship for Minor.

Section 208. Emergency Guardian for Minor.

Section 209. Duties of Guardian for Minor.

Section 210. Powers of Guardian for Minor.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THREE

Section 211. Removal of Guardian for Minor; Termination of Guardianship; Appointment of

Successor.

Article 3 - Guardianship of Adults

Section 301. Basis for Appointment of Guardian.

Section 302. Petition for Appointment of Guardian.

Section 303. Notice and Preliminary Hearing.

Section 304. Notice and Hearing for Appointment of Guardian.

Section 305. Appointment and Role of Court Monitor.

Section 306. Appointment and Role of Attorney.

Section 307. Professional Evaluation.

Section 308. Attendance and Rights at Hearing.

Section 309. Confidentiality of Records.

Section 310. Who May Be Guardian.

Section 311. Order of Appointment for Guardian.

Section 312. Notice of Order of Appointment; Rights.

Section 313. Emergency Guardian for Ward.

Section 314. Duties of Guardian.

Section 315. Powers of Guardian.

Section 316. Special Limitations on Guardian's Power.

Section 317. Guardian's Plan.

Section 318. Guardian's Report; Review of Guardianship.

Section 319. Removal of Guardian; Appointment of Successor.

Section 320. Termination or Modification of Guardianship.

Article 4 - Conservatorship

Section 401. Basis for Appointment of Conservator.

Section 402. Petition for Appointment of Conservator.

Section 403. Notice of Preliminary Hearing.

Section 404. Notice and Hearing for Appointment of Conservator.

Section 405. Order to Preserve or Apply Property While Proceeding Pending.

Section 406. Appointment and Role of Court Monitor.

Section 407. Appointment and Role of Attorney.

Section 408. Professional Evaluation.

Section 409. Attendance and Rights at Hearing.

Section 410. Confidentiality of Records.

Section 411. Who May Be Conservator.

Section 412. Order of Appointment of Conservator.

Section 413. Notice of Order of Appointment; Rights.

Section 414. Emergency Conservator.

Section 415. Powers of Conservator Requiring Court Approval.

Section 416. Petition for Order After Appointment.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGEFOUR

Section 417. Bond; Alternative Arrangement.

Section 418. Terms and Requirements of Bond.

Section 419. Duties of Conservator.

Section 420. Conservator's Plan.

Section 421. Inventory; Records.

Section 422. Administrative Powers of Conservator Not Requiring Court Approval.

Section 423. Distribution from Conservatorship Estate.

Section 424. Conservator's Report and Accounting; Review.

Section 425. Attempted Transfer of Property by Ward.

Section 426. Transaction Involving Conflict of Interest.

Section 427. Protection of Person Dealing with Conservator.

Section 428. Death of the Ward.

Section 429. Presentation and Allowance of Claim.

Section 430. Personal Liability of Conservator.

Section 431. Removal of Conservator; Appointment of Successor.

Section 432. Termination or Modification of Conservatorship.

Article 5 - Other Protective Arrangements

Section 501. Authority for Protective Arrangement.

Section 502. Basis for Protective Arrangement Instead of Guardianship for Adult.

Section 503. Basis for Protective Arrangement Instead of Conservatorship for Adult or Minor.

Section 504. Petition for Protective Arrangement.

Section 505. Notice and Preliminary Hearing.

Section 506. Notice and Hearing.

Section 507. Appointment and Role of Court Monitor.

Section 508. Appointment and Role of Attorney.

Section 509. Professional Evaluation.

Section 510. Attendance and Rights at Hearing.

Section 511. Notice of Order.

Section 512. Confidentiality of Records.

Rules of Guardianship

Rule 1 - Application

Rule 2 - Petitions

Rule 3 - Substantial Rights

Rule 4 - Verification and Certification

Rule 5-Time

Rule 6 - Recording of Hearings

Rule 7 - Consolidation

Rule 8 - Lawyers Representing the Seminole Tribe

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTNE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGEFNE

Rule 9 - Order to Show Cause; Contempt

Rule 10 - Petitions for Appointment

Rule 11 - Discovery

Rule 12-Testimony by Minors

Rule 13 -Testimony by At-Risk Adults

Rule 14 - Fiduciary Attorney - Client Privilege

Rule 15 - Interpreters and Translators

Rule 16 - Rehearing

Rule 17 - Prerequisites to Issuance of Letters

Rule 18 - Notice of Litigation

Rule 19 - Rights and Privileges of Non-Parties

Rule 20-Documents Related to Request for Notice

Rule 21 - Professional Evaluation

Rule 22 - Seminole Tribe Department

Rule 23 - Co-Fiduciaries

Rule 24 - Court Monitors

Rule 25 - Inventory

Rule 26 - Production of Assets

Rule 27 - Conservatorship Accounting

Rule 28 - Order Requiring Accounting

Rule 29 - Surrogate Guardian or Conservator

Rule 30- Court-Appointed Attorney Fees

Rule 31 - Tax Returns

Rule 32.- Resignation or Disqualification of Guardian or Conservator

Rule 33 - Disclaimer

Rule 34 - Digital Assets

Rule 35 -Removal of Guardian or Conservator

Rule 36 - Conservator's Final Report, Objections and Discharge

Rule 37 - Department Reference

Rule 38 - Legislative References

Rule 39 - Driver License

Rule 40 - Firearms

ARTICLE 1 - GENERAL PROVISIONS

SECTION 101. SHORT TITLE. This Ordinance may be cited generally as the "Guardianship,

Conservatorship and Protective Arrangement Ordinance" or "Ordinance" herein.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIX

SECTION 102. DEFINITIONS. In this Ordinance:

(1) "Adult" means an individual at least eighteen (18) years of age or an emancipated individual

under the age of eighteen (18). When an Adult is the subject of a proceeding pursuant to, or a guardianship,

conservatorship or Protective Arrangement under, this Ordinance it shall also mean an Adult who is a Tribal

Member or Descendant.

(2) "Attorney" means an attorney-at-law or a lay advocate admitted to practice before the Court.

(3) "Conservator" means a Person appointed by the Court to make decisions with respect to the

Property or financial affairs of a Ward.

(4) "Conservatorship Estate" means the Property subject to conservatorship under this Ordinance.

(5) "Court" means the courts established by the Seminole Tribe pursuant to the Seminole Tribal

Court Ordinance, C-04-11, as the same may be amended, superseded or replaced from time to time.

(6) "Court Monitor" means a Person appointed by the Court to aid the Court in determining the best

interests of a Ward, Minor or Respondent, as applicable.

(7) "Descendant" means a person who has at least one birth parent who is an enrolled member of

the Seminole Tribe, but who is not eligible for enrollment due to lack of the minimum blood quantum level.

(8) "Full Conservatorship" means a conservatorship that grants the Conservator all powers available

under this Ordinance.

(9) "Full Guardianship" means a guardianship that grants the Guardian all powers available under

this Ordinance.

(10) "Guardian" means a Person appointed by the Court to make decisions with respect to the

personal affairs of a Ward.

(11) "Less Restrictive Alternative" means an approach to meeting a Tribal Member or Descendant's

needs which restricts fewer rights of the individual than would the appointment of a Guardian or

Conservator. The term includes "Supported Decision Making", appropriate technological assistance,

appointment of a representative payee, and appointment of an agent by the Tribal Member or Descendant,

including appointment under a power of attorney or designation of health care surrogate.

(12) "Letters" means Letters of Conservatorship or Letters of Guardianship, as appropriate.

(13) "Letters of Conservatorship" means an order issued by the Court certifying a Conservator's

authority to act.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTNE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SEVEN

(14) "Letters of Guardianship" means an order issued by the Court certifying a Guardian's authority

to act.

(15) "Limited Conservatorship" means a conservatorship that grants the Conservator less than all

powers available under this Ordinance, grants powers over only certain Property or otherwise restricts the

powers of the Conservator.

(16) "Limited Guardianship" means a guardianship that grants the Guardian less than all powers

available under this Ordinance or otherwise restricts the powers of the Guardian.

( 17) "Minor" means an un-emancipated Tribal Member or Descendant under eighteen ( 18) years of

age.

(18) "Parent" means the legally recognized mother or father of a Minor.

(19) "Person" means an individual, estate, business or nonprofit entity, public corporation,

government or governmental subdivision, agency or instrumentality, or other legal entity.

(20) "Personal Service" means service that is effectuated pursuant to the rules of civil procedure as

adopted by the Tribal Council of the Seminole Tribe unless in conflict with Section 125 of this Ordinance

which shall otherwise apply.

(21) "Property" means real estate, tangible and intangible property, and anything else capable of

ownership.

(22) "Protective Arrangement" means a Court order entered under Section 502 or 503.

(23) "Respondent" means a Tribal Member or Descendant for whom appointment of a Guardian or

Conservator or a Protective Arrangement is sought.

(24) "Seminole Tribe" means the Seminole Tribe of Florida.

(25) "Supported Decision Making" means assistance from one or more Persons of a Tribal Member

or Descendant's choosing in understanding the nature and consequences of potential personal and financial

decisions, which enables the Tribal Member or Descendant to make the decisions and in communicating a

decision once made if consistent with the Tribal Member or Descendant's wishes.

(26) "Tribal Member" means an enrolled member of the Seminole Tribe.

(27) "Ward" means a Tribal Member or Descendant who is subject to a guardianship or

conservatorship under this Ordinance.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE EIGHT

SECTION 103 TRIBAL SOVEREIGN IMMUNITY. Nothing contained in this Ordinance shall

be deemed or construed to be a waiver of the sovereign immunity of the Seminole Tribe.

SECTION 104. SUPPLEMENTAL PRINCIPLES OF LAW AND EQUITY. In the absence of

specific provisions in this Ordinance which may be helpful to the Court in a particular case, the Court may

apply the guardianship laws of the State of Florida or general principles of law and equity insofar as such

those laws do not conflict with the provisions of this Ordinance or any other laws of the Seminole Tribe.

Inclusion of or reference to language, definitions, procedures or other statutory or administrative provisions

of other jurisdictions shall not be deemed to defer or consent to other jurisdictional authority over any

proceeding under this Ordinance; the Court shall maintain exclusive jurisdiction over the Guardian or

Conservator so appointed and all proceedings related thereto.

SECTION 105. PRACTICE IN COURT. Except as otherwise provided in this Ordinance, the

rules of evidence and procedure, including rules concerning appellate review, as adopted by the Tribal

Council of the Seminole Tribe govern proceedings under this Ordinance.

SECTION 106. LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP.

(a) The Court shall issue Letters of Guardianship and Letters of Conservatorship, full or limited as

the case may be, upon a finding that a guardianship or conservatorship is necessary and that the proposed

Guardian or Conservator is fit to hold the position and otherwise meets any conditions or requirements

imposed by the Court.

(b) The Court at any time may limit the powers conferred on a Guardian or Conservator. The Court

shall issue new Letters to reflect the limitation. The Court shall give notice of the limitation to the Guardian

or Conservator, the Ward and any other Person the Court determines.

SECTION 107. EFFECT OF ACCEPTANCE OF APPOINTMENT. A Guardian or

Conservator submits to personal jurisdiction of the Court upon expressed or implied acceptance of

appointment.

SECTION 108.

JUDICIAL APPOINTMENT OF SUCCESSOR GUARDIAN OR

SUCCESSOR CONSERVATOR.

· (a) The Court at any time may appoint a successor Guardian or successor Conservator to serve

immediately or when a designated event occurs.

(b) A Person entitled under Section 202 or 302 to petition the Court to appoint a Guardian may

petition the Court to appoint a successor Guardian. A Person entitled under Section 402 to petition the

Court to appoint a Conservator may petition the Court to appoint a successor Conservator.

provided by the Court.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE NINE

SECTION 109. EFFECT OF DEATH, REMOVAL, OR RESIGNATION OF GUARDIAN

OR CONSERVATOR.

(a) Appointment of a Guardian or Conservator terminates on the death or removal of the Guardian

or Conservator or when the Court under subsection (b) approves a resignation of the Guardian or

Conservator.

(b) A Guardian or Conservator must petition the Court to resign. The petition may include a request

that the Court appoint a successor. Resignation of a Guardian or Conservator is effective on the date the

resignation is approved by the Court.

previous act or the obligation to account for:

( 1) an action taken on behalf of the Ward or

(2) the Ward's Property.

SECTION 110. NOTICE OF HEARING GENERALLY. Every document subsequent to the

initial petition filed in a proceeding under this Ordinance must be served on each party or Person entitled

to notice pursuant to this Ordinance or as otherwise ordered by the Court. If a party or Person entitled to

notice is represented by an Attorney, service may be made upon such Attorney. Service may be made by

personal delivery, mail, facsimile transmission or electronic mail to each Person entitled to the same at the

address or other contact information of each such Person filed of record in the Court file. Each person

making service hereunder shall certify as to whom the document was served upon, the means of service,

the date of service and shall be signed by the person making service, with the person's address, phone

number, e-mail address or facsimile number.

SECTION 111. WAIVER OF NOTICE.

(a) Except as otherwise provided in subsection (b), a Person may waive notice in writing signed by

the Person or Person's Attorney and filed in the proceeding.

(b) A Respondent, Ward, or Tribal Member or Descendant subject to a Protective Arrangement

may not waive notice under this Ordinance.

SECTION 112. APPOINTMENT OF COURT MONITOR. The Court at any time may appoint

a Court Monitor if the Court determines that such appointment would be in the best interest of the

Respondent, Ward, or Tribal Member or Descendant subject to a Protective Arrangement.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TEN

SECTION 113. REQUEST FOR NOTICE.

(a) A Person may file a request for notice with the Court if the Person is:

(1) not otherwise entitled to notice; and

(2) interested in the welfare of the Respondent, Ward, or Tribal Member or Descendant

subject to a Protective Arrangement.

(b) A request under subsection (a) must include a statement showing the interest of the Person

making the request and the address of the Person or an Attorney for the Person to whom notice is to be

given.

to the Guardian or Conservator, if one has been appointed, or the Respondent if no Guardian or Conservator

has been appointed.

SECTION 114. DISCLOSURE OF BANKRUPTCY OR CRIMINAL HISTORY.

(a) In any petition for the appointment of a Guardian or Conservator, the petitioner or proposed

Guardian or Conservator, shall disclose to the Court whether the proposed Guardian or Conservator is or

has been a debtor in a bankruptcy, insolvency, or receivership proceeding; been convicted of a felony, a

crime involving dishonesty, neglect, violence, or use of physical force; or any other crime relevant to the

functions the individual would assume as Guardian or Conservator.

(b) A Guardian or Conservator that engages or anticipates engaging an agent the Guardian or

Conservator knows has been convicted of a felony, a crime involving dishonesty, neglect, violence, or use

of physical force, or other crime relevant to the functions the agent is being engaged to perform promptly

shall disclose that knowledge to the Court.

knows the agent is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding, the

Conservator promptly shall disclose that knowledge to the Court.

SECTION 115. COMPENSATION AND EXPENSES; IN GENERAL.

(a) Unless otherwise compensated or reimbursed, an Attorney for a Respondent in a proceeding

under this Ordinance is entitled to reasonable compensation for services and reimbursement of reasonable

expenses from the Property of the Respondent.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE ELEVEN

(b) Unless otherwise compensated or reimbursed, an Attorney or other Person whose services

resulted in an order beneficial to a Respondent, Ward, or Tribal Member or Descendant for whom a

Protective Arrangement was ordered is entitled to reasonable compensation for services and reimbursement

of reasonable expenses from the Property of the Tribal Member or Descendant.

Approval is not required before a service is provided or an expense is incurred.

(d) If the Court dismisses a petition under this Ordinance and determines the petition was filed in

bad faith, the Court may assess the costs against the petitioner.

SECTION 116. COMPENSATION OF GUARDIAN OR CONSERVATOR.

(a) Subject to Court approval, a Guardian is entitled to reasonable compensation for services as

Guardian and to reimbursement for room, board, clothing, and other appropriate expenses advanced for the

benefit of Ward. If a Conservator, other than the Guardian or a Person affiliated with the Guardian, is

appointed for the Ward, reasonable compensation and reimbursement to the Guardian may be approved and

paid by the Conservator without Court approval.

(b) Subject to Court approval, a Conservator is entitled to reasonable compensation for services and

reimbursement for appropriate expenses from the Property of the Ward.

Conservator shall consider:

(1) the necessity and quality of the services provided;

(2) the experience, training, professional standing, and skills of the Guardian or Conservator;

(3) the difficulty of the services performed, including the degree of skill and care required;

(4) the conditions and circumstances under which a service was performed, including

whether the service was provided outside regular business hours or under dangerous or extraordinary

conditions;

(5) the effect of the services on the Ward;

(6) the extent to which the services provided were or were not consistent with the Guardian's

plan under Section 317 or Conservator's plan under Section 420; and

(7) the fees customarily paid to a Person that performs a like service.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTNE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWELVE

(d) A Guardian or Conservator need not use personal funds of the Guardian or Conservator for the

expenses of the Ward.

(e) If a Ward seeks to modify or terminate the guardianship or conservatorship or remove the

Guardian or Conservator, the Court may order compensation to the Guardian or Conservator for time spent

opposing modification, termination, or removal only to the extent the Court determines the opposition was

reasonably necessary to protect the interest of the Ward.

SECTION 117. NO LIABILITY OF GUARDIAN OR CONSERVATOR FOR ACT OR

OMISSION OF THE WARD. A Guardian or Conservator is not personally liable to another Person solely

because of the guardianship or conservatorship for an act or omission of the Ward.

SECTION 118.

RATIFICATION.

PETITION AFTER APPOINTMENT FOR INSTRUCTION OR

(a) A Guardian or Conservator may petlt10n the Court for instruction concerning fiduciary

responsibility or ratification of a particular act related to the guardianship or conservatorship.

(b) On notice and hearing on a petition under subsection (a), the Court may give an instruction and

issue an appropriate order.

SECTION 119. USE OF AGENT BY GUARDIAN OR CONSERVATOR.

(a) Except as otherwise provided in subsection (b ), a Guardian or Conservator may delegate a power

to an agent which a Guardian or Conservator of comparable skills could delegate prudently under the

circumstances if the delegation is consistent with the Guardian's or Conservator's fiduciary duties and the

Guardian's plan under Section 317 or Conservator's plan under Section 420.

(b) A Guardian or Conservator may not delegate all powers to an agent.

is not liable for the decision, act, or omission of the agent.

SECTION 120. TEMPORARY SUBSTITUTE GUARDIAN OR CONSERVATOR.

(a) The Court may appoint a temporary substitute Guardian or temporary substitute Conservator for

a Ward for a period not exceeding six (6) months if:

( 1) a proceeding to remove a Guardian or Conservator for the Ward is pending; or

(2) the Court finds the Guardian or Conservator is not effectively performing the Guardian's

or Conservator's duties and the welfare of the Ward or the protection of the Conservatorship Estate requires

immediate action.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTEEN

(b) Except as otherwise ordered by the Court, a temporary substitute Guardian or temporary

substitute Conservator has the powers stated in the order of appointment of the Guardian or Conservator.

The authority of the existing Guardian or Conservator is suspended for as long as the temporary substitute

Guardian or Conservator has authority.

substitute Conservator, not later than seven (7) days after the appointment, to:

(1) the Ward;

(2) the affected Guardian or Conservator; and

(3) in the case of a Minor, each Parent of the Minor and any Person currently having care or

custody of the Minor.

(d) The Court may remove a temporary substitute Guardian or temporary substitute Conservator at

any time.

(e) The temporary substitute Guardian or temporary substitute Conservator shall make any report

the Court requires.

SECTION 121. GRIEVANCE AGAINST GUARDIAN OR CONSERVATOR.

(a) A Ward or Person interested in the welfare of a Ward that reasonably believes the Guardian or

Conservator is breaching the Guardian's or Conservator's fiduciary duty or otherwise acting in a manner

inconsistent with this Ordinance may file a grievance with the Court.

(b) Subject to subsection (c), after receiving a grievance under subsection (a), the Court:

(1) shall review the grievance and such other information as may be necessary to determine

the appropriate response related to the guardianship or conservatorship;

(2) shall schedule a hearing if the Ward is an Adult and the grievance supports a reasonable

belief that:

(A) removal of the Guardian or the Conservator and appointment of a successor may

be appropriate under Sections 319 or 431, as applicable;

(B) termination or modification of the guardianship or conservatorship may be

appropriate under Section 320 or Section 432, as applicable; and

(3) may take any action supported by the evidence, including:

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FOURTEEN

(A) ordering the Guardian or Conservator to provide the Court a report, accounting,

inventory, updated plan, or other information;

(B) appointing a Court Monitor; or

(6) months preceding the filing of the current grievance and the Court followed the procedures of subsection

(b) in considering the earlier grievance.

SECTION 122.

APPOINTMENT OF A NON-INDIVIDUAL AS GUARDIAN OR

CONSERVATOR. In the event the Court appoints a Guardian or Conservator that is not an individual,

the appointment shall nevertheless list an individual's name but state that such individual is serving in a

representative capacity and that any successor to such individual shall automatically serve in the same

capacity without further order of the Court. Such successor shall be entitled to receive new Letters as

appropriate.

SECTION 123. SEVERABILITY. If any provision of this Ordinance or its application to any

Person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this

Ordinance that can be given effect without the invalid provision or application, and to this end the provisions

of this Ordinance are severable.

SECTION 124. DUAL CAPACITY. Nothing herein shall preclude the same Person from serving

as both the Guardian and Conservator for the same Ward.

SECTION 125. PROCESS AND PERSONAL SERVICE.

(a)

The Clerk of Court or Judge shall, upon the filing of a petition for a guardianship,

conservatorship or Protective Arrangement, issue any summons or other court papers authorized by this

Ordinance to be served upon the Respondent.

(b) The Court may appoint any person not interested in the petition to serve process. Service of

process may also be made by any person authorized under state or federal law unless that person is

prohibited by any law of the Seminole Tribe.

from the date of service. The process server shall write the date and hour of service on the original process

and all copies.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTEEN

(d) Service of original process on a Respondent who is not a Minor or who does not have a legal

guardian shall be made by: (i) delivering a copy to the Respondent along with a copy of the petition; or (ii)

by leaving a copy, along with a copy of the petition, at the Respondent's usual place of residence with any

person living there who is older than twelve (12) years of age.

(e) Service of original process on a Minor shall be made by delivering a copy, along with a copy

of the petition, to a Parent of the Minor.

(f) Service of original process on a person that has a legal guardian shall be made by delivering a

copy, along with a copy of the petition, to the legal guardian.

SECTION 126. RULES OF CONSTRUCTION. When the context requires, the singular

includes the plural and the plural the singular; words importing any gender include the other genders; the

word "or" shall be deemed to include "and/or", the words "including", "includes" and "include" shall be

deemed to be followed by the words "without limitation".

ARTICLE 2 - GUARDIANSHIP OF MINOR

SECTION 201. BASIS FOR APPOINTMENT OF GUARDIAN FOR MINOR. The Court

may appoint a Guardian for a Minor who does not have a Guardian if the Court finds the appointment is in

the Minor's best interest and: (i) each Parent of the Minor, after being fully informed of the nature and

consequences of guardianship, consents; or (ii) that upon the greater weight of the evidence, the Court

determines that no Parent of the Minor is willing or able to exercise the powers the Court is granting the

Guardian.

SECTION 202. PETITION FOR APPOINTMENT OF GUARDIAN FOR MINOR.

(a) The Tribal Council, a social service department of the Seminole Tribe or a Tribal Member

interested in the welfare of a Minor may petition for appointment of a Guardian for a Minor.

(b) A petition under subsection (a) must state the petitioner's name, principal residence, current

street address, if different, relationship to the Minor, interest in the appointment, the name, address and

telephone number of any Attorney representing the petitioner, and, to the extent known, the following:

( 1) the Minor's name, age, principal residence, current street address, if different, and, if

different, address of the dwelling in which it is proposed the Minor will reside if the appointment is made;

(2) the name and current street address of the Minor's Parents;

(3) the name and address of each Person that had primary care or custody of the Minor for

at least sixty (60) days during the two years immediately before the filing of the petition;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIXTEEN

(4) the name and address of any Attorney for the Minor and any Attorney for each Parent of

the Minor;

(5) the reason guardianship is sought and would be in the best interest of the Minor;

(6) the name and address of any proposed guardian and the reason the proposed guardian

should be appointed;

(7) the disclosure as required by Section 114;

(8) if the Minor has Property other than personal effects, a general statement of the Minor's

Property with an estimate of its value;

(9) whether the Minor needs an interpreter, translator, or other form of support to

communicate effectively with the Court or understand Court proceedings;

(10) whether any Parent of the Minor needs an interpreter, translator, or other form of support

to communicate effectively with the Court or understand Court proceedings;

(11) whether any other proceeding concerning the care or custody of the Minor is pending

in any court in another jurisdiction; and

(12) the status of enrollment in the Seminole Tribe for both the Minor and the petitioner.

SECTION 203. NOTICE AND HEARING FOR APPOINTMENT OF GUARDIAN FOR

MINOR.

(a) If a petition for the appointment for a Guardian of a Minor is filed, the Court shall schedule a

hearing and the petitioner shall:

(1) serve by Personal Service notice of the date, time, and place of the hearing, together with

a copy of the petition, personally on each of the following:

(A) the Minor, if the Minor will be twelve (12) years of age or older at the time of

the hearing;

(B) each Parent of the Minor or, if there is none, the Adult nearest in kinship who

can be found with reasonable diligence;

(D) any other Person the Court determines should receive Personal Service of notice;

and

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SEVENTEEN

(2) give notice under Section 110 of the date, time, and place of the hearing, together with a

copy of the petition, to:

(A) any Person whom the Minor has expressed an interest in being named as

Guardian, if the Minor is twelve (12) years of age or older;

(B) any Person whom a Parent has expressed an interest in being named as Guardian;

(D) any guardian or conservator acting for the Minor in any jurisdiction; and

(E) any other Person the Court determines.

(b) Notice required by subsection (a) must include a statement: (i) of the right to request appointment

of an Attorney for the Minor or object to appointment of a Guardian; (ii) a description of the nature, purpose,

and consequences of appointment of a Guardian; and (iii) that the failure to attend the hearing could result

in the appointment of a Guardian without the Minor's input.

with subsection (a)(l) is not served on:

(1) the Minor, if the Minor is 12 years of age or older; and

(2) each Parent of the Minor, unless the Court finds by the greater weight of the evidence

that the Parent cannot with due diligence be located and served or the Parent waived, in writing or orally in

open Court, the right to notice.

(d) If a petitioner is unable to serve notice under subsection (a)(l) on a Parent of a Minor or alleges

that the Parent waived the right to notice under this Section, the Court shall appoint a Court Monitor who

has completed a training course conducted by the Guardianship Program of the Advocacy and Guardianship

Department and who shall:

(1) interview the petitioner and the Minor to the extent feasible;

(2) ascertain whether the Parent cannot be located with due diligence if the petitioner alleges

that the Parent cannot be located; and

(3) investigate any other matter relating to the petition the Court directs.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTNE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE EIGHTEEN

SECTION 204. APPOINTMENT AND ROLE OF COURT MONITOR. After the filing of a

petition for appointment of a Guardian, the Court may appoint a Court Monitor. The Court Monitor must

have completed a training course conducted by the Guardianship Program of the Advocacy and

Guardianship Department. To the extent feasible, the Court Monitor shall interview the Minor in person

and in a manner the Minor is best able to understand and perform such tasks as assigned by the Court,

including investigating any matter involving the guardianship.

SECTION 205. ATTORNEY FOR MINOR.

(a) The Court shall appoint an Attorney to represent a Minor who is the subject of a proceeding

under Section 202 if the Court determines that the Minor is in need of the same.

(b) An Attorney appointed under subsection (a) shall:

(1) make a reasonable effort to ascertain the Minor's wishes;

(2) advocate for the Minor's wishes to the extent reasonably ascertainable; and

(3) if the Minor's wishes are not reasonably ascertainable, advocate for the Minor's best

interest.

SECTION 206.

ATTENDANCE AND

APPOINTMENT OF GUARDIAN FOR MINOR.

PARTICIPATION

HEARING

FOR

(a) The Court shall require a Minor who is the subject of a hearing under Section 203 to attend the

hearing and allow the Minor to participate in the hearing unless the Court determines:

(1) the Minor failed to appear after being properly served and, if the Minor is twelve (12)

years of age or older, the potential consequences of failing to do so was set forth in the notice;

(2) there is no practicable way for the Minor to attend the hearing;

(3) the Minor lacks the ability or maturity to participate meaningfully in the hearing; or

(4) attendance would be harmful to the Minor.

(b) Unless excused by the Court for good cause, the Person proposed to be appointed as guardian

for a Minor shall attend a hearing under Section 203.

the hearing.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE NINETEEN

(d) A Person may request permission to participate in a hearing under Section 203. The Court may

grant the request, with or without a hearing, on determining that it is in the best interest of the Minor who

is the subject of the hearing. The Court may impose appropriate conditions on the Person's participation.

SECTION 207.

ORDER

GUARDIANSHIP FOR MINOR.

AND

PRIORITY

APPOINTMENT;

LIMITED

(a) After a hearing under Section 203, the Court may appoint a Guardian for a Minor, if appointment

is proper under Section 201, dismiss the proceeding, or take other appropriate action consistent with this

Ordinance or laws of the Seminole Tribe.

(b) In appointing a Guardian under subsection (a), the following priorities apply:

(1) The Court shall appoint a Person nominated as Guardian by a Parent of the Minor in a

will or other writing unless the Court finds the appointment is contrary to the best interest of the Minor.

(2) If multiple Persons have expressed an interest in different Persons to serve as Guardian,

the Court shall appoint the Person whose appointment is in the best interest of the Minor.

(3) If a Guardian is not appointed under paragraph (1) or (2), the Court shall appoint the

Person expressed by the Minor to serve if the Minor is twelve (12) years of age or older unless the Court

finds that appointment is contrary to the best interest of the Minor. In that case, the Court shall appoint as

Guardian a Person whose appointment is in the best interest of the Minor.

life, developing self-reliance of the Minor, or for other good cause, the Court, at the time of appointment of

a Guardian for the Minor or later, on its own or on petition of the Minor or other Person interested in the

welfare of the Minor, may create a Limited Guardianship by limiting the powers otherwise granted by this

Ordinance to the Guardian. Following the same procedure, the Court may grant additional powers or

withdraw powers previously granted.

(d) The Court, as part of an order appointing a Guardian for a Minor, shall state rights retained by

any Parent of the Minor, which may include contact or visitation with the Minor, decision making regarding

the Minor's health care, education, or other matter, or access to any record regarding the Minor.

(e) An order granting a guardianship for a Minor must state that each Parent of the Minor is entitled

to notice that:

(1) the Guardian has delegated custody of the Minor subject to guardianship;

(2) the Court has modified or limited the powers of the Guardian; or

(3) the Court has removed the Guardian.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWENTY

(f) An order granting a guardianship for a Minor must identify any Person in addition to a Parent of

the Minor that is entitled to notice of the events listed in subsection (e).

SECTION 208. EMERGENCY GUARDIAN FOR MINOR.

(a) On its own after a petition has been filed under Section 202, or on petition by a Person interested

in a Minor's welfare, the Court may appoint an emergency Guardian for the Minor if the Court finds:

(1) appointment of an emergency Guardian is likely to prevent substantial harm to the

Minor's health, safety, or welfare; and

(2) no other Person appears to have authority and willingness to act in the circumstances.

(b) The duration of authority of an emergency Guardian for a Minor may not exceed sixty (60) days

and the emergency Guardian may exercise only the powers specified in the order of appointment. The

emergency Guardian's authority may be extended once for not more than sixty (60) days if the Court finds

that the conditions for appointment of an emergency Guardian in subsection (a) continue.

a hearing on a petition for appointment of an emergency Guardian for a Minor must be given to:

( 1) the Minor, if the Minor is twelve ( 12) years of age or older;

(2) any Attorney appointed under Section 205;

(3) each Parent of the Minor;

(4) any Person, other than a Parent, having care or custody of the Minor; and

(5) any other Person the Court determines.

(d) The Court may appoint an emergency Guardian for a Minor without notice under subsection (c)

and a hearing only if the Court finds from an affidavit or testimony that the Minor's health, safety, or welfare

will be substantially harmed before a hearing with notice on the appointment can be held. If the Court

appoints an emergency Guardian without notice to an unrepresented Minor or the Attorney for a represented

Minor, notice of the appointment must be given not later than forty-eight (48) hours after the appointment

to the individuals listed in subsection (c). Not later than ten (10) days after the appointment, the Court shall

hold a hearing on the appropriateness of the appointment.

(e) Appointment of an emergency Guardian under this Section is not a determination that a basis

exists for appointment of a Guardian under Section 201.

(f) The Court may remove an emergency Guardian appointed under this Section at any time.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWENTY-ONE

(g) The emergency Guardian shall make any report the Court requires.

SECTION 209. DUTIES OF GUARDIAN FOR MINOR.

(a) A Guardian for a Minor is a fiduciary. Except as otherwise limited by the Court, a Guardian for

a Minor has the duties and responsibilities of a Parent regarding the Minor's support, care, education, health,

safety, and welfare. A Guardian shall act in the Minor's best interest and exercise reasonable care, diligence,

and prudence.

(b) A Guardian for a Minor shall:

(1) be personally acquainted with the Minor and maintain sufficient contact with the Minor

to know the Minor's abilities, limitations, needs, opportunities, and physical and mental health;

(2) take reasonable care of the Minor's personal effects and bring a proceeding for a

conservatorship or Protective Arrangement if necessary to protect other Property of the Minor;

(3) expend funds of the Minor which have been received by the Guardian for the Minor's

current needs for support, care, education, health, safety, and welfare;

(4) conserve any funds of the Minor not expended under paragraph (3) for the Minor's future

needs, but if a Conservator is appointed for the Minor, pay the funds at least quarterly to the Conservator

to be used for the Minor's future needs;

(5) report the condition of the Minor and account for funds and other Property of the Minor

in the Guardian's possession or subject to the Guardian's control, as required by Court rule or ordered by

the Court on petition of a Person interested in the Minor's welfare;

(6) inform the Court of any change in the Minor's dwelling or address; and

(7) in determining what is in the Minor's best interest, take into account the Minor's

preferences to the extent actually known or reasonably ascertainable by the Guardian.

SECTION 210. POWERS OF GUARDIAN FOR MINOR.

(a) Except as otherwise limited by Court order, a Guardian of a Minor has the powers a Parent

otherwise would have regarding the Minor's support, care, education, health, safety, and welfare.

(b) Except as otherwise limited by Court order, a Guardian for a Minor may:

(1) apply for and receive funds and benefits otherwise payable for the support of the Minor

to the Minor's Parent, guardian, or custodian under a statutory system of benefits or insurance or any private

contract, devise, trust, conservatorship, or custodianship;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWENTY-TWO

(2)

take custody of the Minor and establish the Minor's place of dwelling unless

inconsistent with another jurisdiction's court order that the Court determines is entitled to recognition;

(3) if the Minor is not subject to conservatorship, commence a proceeding, including an

administrative proceeding, or take other appropriate action to compel a Person to support the Minor or make

a payment for the benefit of the Minor;

(4) consent to health or other care, treatment, or service for the Minor; or

(5) to the extent reasonable, delegate to the Minor responsibility for a decision affecting the

Minor's well-being.

Minor does not have a Parent.

SECTION 211.

REMOVAL OF GUARDIAN FOR

GUARDIANSHIP; APPOINTMENT OF SUCCESSOR.

MINOR;

TERMINATION

(a) A guardianship for a Minor terminates:

(1) on the Minor's death, adoption, emancipation, or attainment of eighteen (18) years of

age;or

(2) when the Court finds that the original need for the guardianship no longer exists, unless

the Court finds that:

(A) termination of the guardianship would be harmful to the Minor; and

(B) the Minor's interest in the continuation of the guardianship outweighs the interest

of any Parent of the Minor in restoration of the Parent's right to make decisions for the Minor.

(b) A Minor subject to guardianship or a Person interested in the welfare of the Minor may petition

the Court to terminate the guardianship, modify the guardianship, remove the Guardian and appoint a

successor Guardian.

the Minor is twelve (12) years of age or older and is not the petitioner, the Guardian, each Parent of the

Minor, and any other Person the Court determines.

(d) The Court shall follow the priorities in Section 207(b) when selecting a successor Guardian for

a Minor.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWENTY-THREE

(e) Not later than thirty (30) days after appointment of a successor Guardian for a Minor, the Court

shall give notice of the appointment to the Minor subject to guardianship, if the Minor is twelve (12) years

of age or older, each Parent of the Minor, and any other Person the Court determines.

(f) When terminating a guardianship for a Minor under this Section, the Court may issue an order

that will assist the Minor with a transition of custody and is in the best interest of the Minor.

(g) A Guardian for a Minor that is removed shall cooperate with a successor Guardian to facilitate

transition of the Guardian's responsibilities and protect the best interest of the Minor.

ARTICLE 3 - GUARDIANSHIP OF ADULTS

SECTION 301. BASIS FOR APPOINTMENT OF GUARDIAN.

(a) On petition and after notice and hearing, the Court may:

(1) appoint a Guardian for an Adult if the Court finds by clear and convincing evidence that:

(A) the Respondent lacks the ability to meet essential requirements for physical

health, safety, or self-care because the Respondent is unable to receive and evaluate information or make

or communicate decisions, even with appropriate supportive services, technological assistance, or

Supported Decision Making; and

(B) the Respondent's identified needs cannot be met by a Protective Arrangement or

other Less Restrictive Alternative; or

(2) with appropriate findings, treat the petition as one for a Conservatorship under Article 4

or a Protective Arrangement under Article 5, issue any appropriate order, or dismiss the proceeding.

(b) The Court shall grant a Guardian appointed under subsection (a) only those powers necessitated

by the demonstrated needs and limitations of the Respondent and issue orders that will encourage

development of the Respondent's maximum self-determination and independence. The Court may not

establish a Full Guardianship if a Limited Guardianship, Protective Arrangement, or other Less Restrictive

Alternatives would meet the needs of the Respondent.

SECTION 302. PETITION FOR APPOINTMENT OF GUARDIAN.

(a) The Tribal Council, a social service department of the Seminole Tribe or a Tribal Member

interested in a Respondent's welfare, including the Respondent for whom the order is sought, may petition

for appointment of a Guardian.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWENTY-FOUR

(b) A petition under subsection (a) must state the petitioner's name, principal residence, current

street address, if different, relationship to the Respondent, interest in the appointment, the name; address

and telephone number of any Attorney representing the petitioner, and, to the extent known, the following:

(1) the Respondent's name, age, principal residence, current street address, if different, and,

if different, address of the dwelling in which it is proposed the Respondent will reside if the petition is

granted;

(2) the name and address of the Respondent's:

(A) spouse or, if none, an Adult with whom the Respondent has shared household

responsibilities for more than six (6) months in the twelve (12) month period immediately before the filing

of the petition;

(B) Adult children or, if none, each Parent and Adult sibling of the Respondent, or,

if none, at least one Adult nearest in kinship to the Respondent who can be found with reasonable diligence;

and

stepchildren's minor years and with whom the Respondent had an ongoing relationship in the two (2) year

period immediately before the filing of the petition;

(3) the name and current address of each of the following; if applicable:

(A) any Person responsible for the care or custody of the Respondent;

(B) any Attorney currently representing the Respondent;

the Respondent;

(D) any guardian or conservator acting for the Respondent;

(E) any trustee or custodian of a trust or custodianship of which the Respondent is a

beneficiary;

(F) any fiduciary for the Respondent appointed by the Department of Veterans

Affairs;

(G) any agent designated under a designation of health care surrogate or other similar

document in which the Respondent is identified as the principal;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWENTY-FIVE

(H) any agent designated under a power of attorney in which the Respondent is

identified as the grantor;

(I) any Person whom the Respondent has expressed an interest in being named as

Guardian;

(J) any Person whom the Respondent's Parent or spouse desires to serve as guardian

as expressed in a will or other signed document; and

(K) a proposed guardian and the reason the proposed guardian should be appointed.

(4) the reason a guardianship is necessary, including a brief description of:

(A) the nature and extent of the Respondent's alleged need based on the

Respondent's health condition, cognitive functioning and level of supervision needed;

(B) any Protective Arrangement or other Less Restrictive Alternatives for meeting

the Respondent's alleged need which have been considered or implemented;

considered or implemented, the reason they have not been considered or implemented; and

(D) the reason a Protective Arrangement or other Less Restrictive Alternative is

insufficient to meet the Respondent's alleged need;

(5) whether the petitioner seeks a Limited Guardianship or Full Guardianship;

(6) if the petitioner seeks a Full Guardianship, the reason a Limited Guardianship or

Protective Arrangement is not appropriate;

(7) if a Limited Guardianship is requested, the powers to be granted to the Guardian;

(8) the name and current address, if known, of any Person with whom the petitioner seeks to

limit the Respondent's contact;

(9) if the Respondent has Property other than personal effects, a general statement of the

Respondent's Property, with an estimate of its value, including any insurance or pension, and the source

and amount of other anticipated income or receipts;

(10) whether the Respondent needs an interpreter, translator, or other form of support to

communicate effectively with the Court or understand Court proceedings; and

RE:

SEMINOLE TRIBE OF FLORIDA. GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWENTY-SIX

(11) the status of enrollment in the Seminole Tribe for both the Respondent and the

petitioner.

SECTION 303. NOTICE AND PRELIMINARY HEARING.

(a) On the filing of a petition for appointment of a Guardian, the Court shall set a date, time, and

place for a preliminary hearing.

(b) A copy of a petition under Section 302 and notice of the preliminary hearing must be by Personal

Service on the Respondent, with notice on the Respondent's spouse, if any; any Person responsible for the

care of the Respondent; and any Attorney known to be representing the Respondent.

(1) explain to the Respondent the substance of the petition, the nature, purpose, and effect

of the proceeding, the Respondent's rights at the hearing on the petition, and the general powers and duties

of a Guardian;

(2) determine the Respondent's views about the appointment sought by the petitioner,

including views about a proposed Guardian, the Guardian's proposed powers and duties, and the scope and

duration of the proposed guardianship;

(3) inform the Respondent of the Respondent's right to employ and consult with an Attorney

at the Respondent's expense and the right to request a Court-appointed Attorney; and

(4) inform the Respondent that all costs and expenses of the proceeding, including

Respondent's Attorney's fees, may be paid from the Respondent's assets.

(d) If the Court is aware of circumstances which would prohibit or make it impractical for the

Respondent to attend the preliminary hearing, the Court may appoint a Court Monitor pursuant to Section

305 to meet with the Respondent regarding the items listed in subsection (c) (1)-(4) above and to advise the

Court of the same.

SECTION 304. NOTICE AND HEARING FOR APPOINTMENT OF GUARDIAN.

(a) On the filing of a petition for appointment of a Guardian, the Court shall set a date, time, and

place for a hearing on the petition.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWENTY-SEVEN

(b) A copy of the petition and notice of a hearing on the petition must be served by Personal Service

on the Respondent. The notice must include a description of the nature, purpose, and consequences of

granting the petition. The notice must inform the Respondent of the Respondent's rights at the hearing,

including the right to an Attorney and the right to attend the hearing, and advise that the failure to attend

the hearing could result in the appointment of a Guardian without the Respondent's input. The Court may

not grant the petition if notice substantially complying with this subsection is not served on the Respondent.

Persons required to be listed in the petition under Sections 302(b)(2) and 302(b)(3), and any other Person

interested in the Respondent's welfare the Court determines. Failure to give notice under this subsection

does not preclude the Court from appointing a Guardian.

(d) After the appointment of a Guardian, notice of a hearing on a petition for an order under this

Article 3, together with a copy of the petition, must be given to:

(1) the Ward;

(2) the Guardian; and

(3) any other Person the Court determines.

SECTION 305. APPOINTMENT AND ROLE OF COURT MONITOR. After the filing of a

petition for appointment of a Guardian, the Court may appoint a Court Monitor. The Court Monitor must

have completed a training course conducted by the Guardianship Program of the Advocacy and

Guardianship Department. To the extent feasible, the Court Monitor shall interview the Respondent in

person and in a manner the Respondent is best able to understand and perform such tasks as assigned by

the Court, including investigating any matter involving the guardianship.

SECTION 306. APPOINTMENT AND ROLE OF ATTORNEY.

(a) The Court shall appoint an Attorney to represent the Respondent in a proceeding for appointment

of a Guardian if the Respondent requests an appointment or the Court determines the Respondent needs

representation.

(b) An Attorney representing the Respondent shall:

(1) make reasonable efforts to ascertain the Respondent's wishes;

(2) advocate for the Respondent's wishes to the extent reasonably ascertainable; and

(3) if the Respondent's wishes are not reasonably ascertainable, advocate for the result that

is the least restrictive in type, duration, and scope, consistent with the Respondent's interests.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWENTY-EIGHT

SECTION 307. PROFESSIONAL EVALUATION.

(a) At or before a hearing on a petition for guardianship, the Court shall order a professional

evaluation of the Respondent:

( 1) if the Respondent requests the evaluation; or

(2) in other cases, unless the Court finds that it has sufficient information to determine the

Respondent's needs and abilities without the evaluation.

(b) If the Court orders an evaluation under subsection (a), the Respondent must be examined by a

licensed physician, psychologist or other individual appointed by the Court who is qualified to evaluate the

Respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or

disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. The individual

conducting the evaluation promptly shall file a report with the Court. Unless otherwise directed by the

Court, the report must contain:

( 1) a description of the nature, type, and extent of the Respondent's cognitive and functional

abilities and limitations;

(2) an evaluation of the Respondent's mental and physical condition and, if appropriate,

educational potential, adaptive behavior, and social skills;

·,

(3) a prognosis for improvement and recommendation for the appropriate treatment, support,

or habilitation plan; and

(4) the date of the examination on which the report is based.

Respondent declines to participate the Court may enter an order granting the guardianship or other

Protective Arrangement without the report required by subsection (b) if the Court otherwise finds that there

is a basis for such order.

SECTION 308. ATTENDANCE AND RIGHTS AT HEARING.

(a) Except as otherwise provided in subsection (b ), a hearing under Section 304 may not proceed

unless the Respondent attends the hearing. If it is not reasonably feasible for the Respondent to attend a

hearing at the location Court proceedings typically are held, the Court shall make reasonable efforts to hold

the hearing at an alternative location convenient to the Respondent or allow the Respondent to attend the

hearing using real-time audio-visual technology or by telephone if the same is not available.

(b) A hearing under Section 304 may proceed without the Respondent in attendance if the Court

finds by clear and convincing evidence that:

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE TWENTY-NINE

(1) the Respondent failed to appear after being served with the notice required by Section

304(b); or

(2) there is no practicable way for the Respondent to attend and participate in the hearing

even with appropriate supportive services and technological assistance.

Respondent's choosing, assistive technology, an interpreter, translator, or a combination of these supports.

If assistance would facilitate the Respondent's participation in the hearing, but is not available to the

Respondent, the Court shall make reasonable efforts to provide it.

(d) The Respondent has a right to choose an Attorney to represent the Respondent at a hearing under

Section 304.

(e) The Court shall advise the Respondent of the matters set forth in Section 303 (c) ( 1 - (4) if a

preliminary hearing was not held and if any appointed Court Monitor was not able to meet with the

Respondent.

(f) At a hearing on the petition held under Section 304, the Respondent may:

(1) present evidence, whether testimonial, written or otherwise;

(2) examine witnesses, including any Court-appointed evaluator and the Court Monitor; and

(3) otherwise participate in the hearing.

(g) Unless excused by the Court for good cause, a proposed guardian shall attend a hearing under

Section 304.

(h) A hearing under Section 304 must be closed on request of the Respondent and a showing of

good cause.

(i) Any Person may request to participate in a hearing under Section 304. The Court may grant the

request, with or without a hearing, on determining that the best interest of the Respondent will be served.

The Court may impose appropriate conditions on the Person's participation.

SECTION 309. CONFIDENTIALITY OF RECORDS.

(a) The existence of a proceeding for or the existence of a guardianship is a matter of public record

unless the Court seals the record after the Respondent, Ward, or the Parent of a Respondent who is a Minor

petitions that the record be sealed and either the petition for guardianship is dismissed or the guardianship

is terminated.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTY

(b) A Respondent subject to a proceeding for guardianship, whether or not a Guardian is appointed,

an Attorney designated by the Tribal Member or Descendant, and a Person entitled to notice under Section

31l(d)(5) or a subsequent order are entitled to access Court records of the proceeding and resulting

guardianship, including the Guardian's plan under Section 317 and report under Section 318. A Person not

otherwise entitled to access to Court records under this subsection for good cause may petition the Court

for access to Court records of the guardianship, including the Guardian's plan and report. The Court shall

grant access if access is in the best interest of the Respondent or Ward or furthers the public interest and

does not endanger the welfare or financial interests of the Respondent or Ward.

confidential and must be sealed on filing, but is available to:

( 1) the Court;

(2) the Respondent or Ward, without limitation as to use;

(3) the petitioner, Court Monitor, and any Attorney for the petitioner, Respondent or Ward,

for purposes of the proceeding;

(4) an agent appointed under a power of attorney in which the Respondent or Ward is the

grantor unless the Court otherwise orders;

(5) an agent appointed under a designation of health care surrogate or other similar

document in which the Respondent or Ward is the principal unless the Court otherwise orders; and

(6) any other Person if it is in the public interest or for a purpose the Court orders for good

cause and does not endanger the welfare or financial interests of the Respondent or Ward.

SECTION 310. WHO MAY BE GUARDIAN. The Court in appointing a Guardian shall consider

the following Persons qualified to be Guardian:

(1) a guardian, other than a temporary or emergency guardian, currently acting for the

Respondent;

(2) a Person expressed by the Respondent to serve as Guardian; and

(3) such other Person as determined by the Court to be best qualified to serve in such

capacity.

SECTION 311. ORDER OF APPOINTMENT FOR GUARDIAN.

(a) A Court order appointing a Guardian must:

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTY-ONE

(1) include a specific finding that clear and convincing evidence established that the

identified needs of the Ward cannot be met by a Protective Arrangement or other Less Restrictive

Alternative, including use of appropriate supportive services, technological assistance, or Supported

Decision Making;

(2) include a specific finding that the Ward was given proper notice of the hearing on the

petition; and

(3) state whether the Ward retains the right to marry and, if the Ward does not retain the

right to marry, include findings that support removing that right.

(b) A Court order establishing a Full Guardianship for a Ward must state the basis for granting a

Full Guardianship and include specific findings that support the conclusion that a Limited Guardianship

would not meet the functional needs of the Ward.

granted to the Guardian.

(d) The Court, as part of an order establishing a guardianship for a Ward, shall identify any Person

that subsequently is entitled to:

(1) notice of the rights of the Ward;

(2) notice of a change in the primary dwelling of the Ward;

(3) notice that the Guardian has delegated:

(A) the power to manage the care of the Ward;

(B) the power to make decisions about where the Ward lives;

(D) a power that requires Court approval under Section 316.

(4) a copy of the Guardian's plan under Section 317 and the Guardian's report under Section

318;

(5) access to Court records relating to the guardianship;

(6) notice of the death or significant change in the condition of the Ward;

(7) notice that the Court has limited or modified the powers of the Guardian; and

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTY-TWO

(8) notice of the removal of the Guardian.

(e) A spouse or, if the Ward has none, an Adult with whom the Ward shared household

responsibilities for more than six (6) months in the twelve (12) month period immediately before the filing

of the petition, and children of the Ward are entitled to notice under subsection (d) unless the Court

determines notice would be contrary to the preferences or prior directions of the Ward or not in the best

interest of the Ward.

SECTION 312. NOTICE OF ORDER OF APPOINTMENT; RIGHTS. A Guardian, within

fourteen (14) days of appointment, shall give the Ward, any Attorney for the Ward, and to all such Persons

as the Court determines appropriate, using Section 302(b)(2) and (3) as a guide for the same, a copy of the

order of appointment together with a notice of the right to request its termination or modification.

SECTION 313. EMERGENCY GUARDIAN FOR WARD.

(a) On its own after a petition has been filed under Section 302, or on a petition by a Person interested

in a Respondent's welfare, the Court may appoint an emergency Guardian for the Respondent if the Court

finds:

(1) appointment of an emergency Guardian is likely to prevent imminent harm to the

Respondent's health, safety or welfare;

(2) no other Person appears to have authority and willingness to act in the circumstances;

and

(3) there is reason to believe that a basis for appointment of a Guardian under Section 301

exists.

(b) The duration of authority of an emergency Guardian may not exceed thirty (30) days and the

emergency Guardian may exercise only the powers specified in the order of appointment. The emergency

Guardian's authority may be extended once for not more than thirty (30) days if the Court finds that the

conditions for appointment of an emergency Guardian in subsection (a) continue.

appoint an Attorney to represent the Respondent in the proceeding. Except as otherwise provided in

subsection (d), reasonable notice of the date, time, and place of a hearing on the petition must be given to

the Respondent, the Respondent's Attorney, and any other Person the Court determines.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTNE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTY-THREE

(d) The Court may appoint an emergency Guardian without notice to the Respondent and any

Attorney for the Respondent only if the Court finds from an affidavit or testimony that the Respondent's

physical health, safety, or welfare will be substantially harmed before a hearing with notice on the

appointment can be held. If the Court appoints an emergency Guardian without giving notice under

subsection (c), the Court must give notice of the appointment not later than forty-eight (48) hours after the

appointment to the Respondent, the Respondent's Attorney and any other Person the Court determines.

The Court shall hold a hearing on the appropriateness of the appointment not later than ten (10) days after

the appointment.

(e) Appointment of an emergency Guardian under this Section is not a determination that a basis

exists for appointment of a Guardian under Section 301.

(f) The Court may remove an emergency Guardian appointed under this Section at any time.

(g) The emergency Guardian shall make any report the Court requires.

SECTION 314. DUTIES OF GUARDIAN.

(a) A Guardian for a Ward is a fiduciary. Except as otherwise limited by the Court, a Guardian shall

make decisions regarding the support, care, education, health, and welfare of the Ward to the extent

necessitated by the Ward's limitations.

(b) A Guardian shall promote the self-determination of the Ward and, to the extent reasonably

feasible, encourage the Ward to participate in decisions, act on the Ward's own behalf, and develop or

regain the capacity to manage the Ward's personal affairs. In furtherance of this duty, the Guardian shall:

(1) become or remain personally acquainted with the Ward and maintain sufficient contact

with the Ward, including through regular visitation, to know the Ward's abilities, limitations, needs,

opportunities, and physical and mental health;

(2) to the extent reasonably feasible, identify the values and preferences of the Ward and

involve the Ward in decisions affecting the Ward, including decisions about the Ward's care, dwelling,

activities, or social interactions; and

(3) make reasonable efforts to identify and facilitate supportive relationships and services

for the Ward.

making decisions for the Ward. In furtherance of this duty, the Guardian shall:

(1) take reasonable care of the personal effects, pets, and service or support animals of the

Ward and bring a proceeding for a conservatorship or a protective arrangement instead of conservatorship

if necessary to protect the Ward's Property;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTY-FOUR

(2) expend funds and other Property of the Ward received by the Guardian for the Ward's

current needs for support, care, education, health, and welfare;

(3) conserve any funds and other Property of the Ward not expended under paragraph (2) for

the Ward's future needs, but if a Conservator has been appointed for the Ward, pay the funds and other

Property at least quarterly to the Conservator to be used for the Ward's future needs; and

(4) monitor the quality of services, including long-term care services, provided to the Ward.

(d) In making a decision for the Ward, the Guardian shall make the decision the Guardian reasonably

believes the Ward would make if the Ward were able unless doing so would unreasonably harm or endanger

the welfare or personal or financial interests of the Ward. To determine the decision the Ward would make

if able, the Guardian shall consider the Ward's previous or current directions, preferences, opinions, values,

and actions, to the extent actually known or reasonably ascertainable by the Guardian.

(e) If a Guardian cannot make a decision under subsection (d) because the Guardian does not know

and cannot reasonably determine the decision the Ward probably would make if able, or the Guardian

reasonably believes the decision the Ward would make would unreasonably harm or endanger the welfare

or personal or financial interests of the Ward, the Guardian shall act in accordance with the best interest of

the Ward. In determining the best interest of the Ward, the guardian shall consider:

(1) information received from professionals and Persons that demonstrate sufficient interest

in the welfare of the Ward;

(2) other information the Guardian believes the Ward would have considered if the Ward

were able to act; and

(3) other factors a reasonable person in the circumstances of the Ward would consider,

including consequences for others.

(f) A Guardian immediately shall notify the Court if the condition of the Ward has changed so that

the Ward is capable of exercising rights previously removed.

SECTION 315. POWERS OF GUARDIAN.

(a) Except as limited by Court order, a Guardian may:

(1) apply for and receive funds and benefits for the support of the Ward, unless a Conservator

is appointed for the Ward and the application or receipt is within the powers of the Conservator;

(2) unless inconsistent with a Court order, establish the Ward's place of dwelling;

(3) consent to health or other care, treatment, or service for the Ward;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTY-FIVE

(4) if a Conservator has not been appointed, commence a proceeding, including an

administrative proceeding, or take other appropriate action to compel another Person to support the Ward

or pay funds for the Ward's benefit;

(5) to the extent reasonable, delegate to the Ward responsibility for a decision affecting the

Ward's well-being; and

(6) receive personally identifiable health-care information regarding the Ward.

(b) The Court by specific order may authorize a Guardian to:

(1) consent or withhold consent to the marriage of the Ward if the Ward's right to marry has

been removed under Section 311;

(2) petition for divorce, dissolution, or annulment of marriage of the Ward or a declaration

of invalidity of the Ward's marriage; or

(3) support or oppose a petition for divorce, dissolution, or annulment of marriage of the

Ward or a declaration of invalidity of the Ward's marriage.

whether the underlying act would be in accordance with the Ward's preferences, values, and prior directions

and whether the underlying act would be in the Ward's best interest.

(d) In exercising a Guardian's power under subsection (a)(2) to establish the Ward's place of

dwelling, the Guardian shall:

( 1) select a residential setting the Guardian believes the Ward would select if the Ward were

able, in accordance with the decision-making standard in Section 314(d) and (e). If the Guardian does not

know and cannot reasonably determine what setting the Ward probably would choose if able, or the

Guardian reasonably believes the decision the Ward would make would unreasonably harm or endanger the

welfare or personal or financial interests of the Ward, the Guardian shall choose in accordance with Section

314(e) a residential setting that is consistent with the Ward's best interest;

(2) in selecting among residential settings, give priority to a residential setting in a location

that will allow the Ward to interact with Persons important to the Ward and meet the Ward's needs in the

least restrictive manner reasonably feasible unless to do so would be inconsistent with the decision-making

standard in Section 314(d) and (e);

(3) not later than 30 days after a change in the dwelling of the Ward:

(A) give notice of the change to the Court, the Ward, and any Person identified as

entitled to the notice in the Court order appointing the Guardian or a subsequent order; and

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTY-SIX

(B) include in the notice the address and nature of the new dwelling and state whether

the Ward received advance notice of the change and whether the Ward objected to the change;

(4) establish or move the permanent place of dwelling of the Ward to a nursing home,

mental-health facility, or other facility that places restrictions on the Ward's ability to leave or have visitors

only if:

(A) the establishment or move is in the Guardian's plan under Section 317;

(B) the Court authorizes the establishment or move; or

before the establishment or move to the Ward and all Persons entitled to notice under Section 311 (d) or a

subsequent order, and no objection is filed;

(5) establish or move the place of dwelling of the Ward only if consistent with the Guardian's

plan; and

(6) take action that would result in the sale of or surrender of the lease to the primary dwelling

of the Ward only if:

(A) the action is specifically included in the Guardian's plan under Section 317;

(B) the Court authorizes the action by specific order; or

Ward and all Persons entitled to the notice under Section 311 (d) or a subsequent order and no objection has

been filed.

(f) In exercising a Guardian's power under subsection (a)(3) to make health-care decisions, the

Guardian shall:

(1) involve the Ward in decision making to the extent reasonably feasible, including, when

practicable, by encouraging and supporting the Ward in understanding the risks and benefits of health-care

options;

(2) defer to a decision by an agent under a designation of health care surrogate or other

similar document executed by the Ward and cooperate to the extent feasible with the agent making the

decision; and

(3) take into account:

(A) the risks and benefits of treatment options; and

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTY-SEVEN

(B) the current and previous wishes and values of the Ward, if known or reasonably

ascertainable by the Guardian.

SECTION 316. SPECIAL LIMITATIONS ON GUARDIAN'S POWER.

(a) Unless authorized by the Court by specific order, a Guardian does not have the power to revoke

or amend a designation of health care surrogate or other similar document or power of attorney executed

by the Ward. If a designation of health care surrogate or other similar document is in effect, unless there is

a Court order to the contrary, a health-care decision of an agent takes precedence over that of the Guardian

and the Guardian shall cooperate with the agent to the extent feasible. If a power of attorney is in effect,

unless there is a Court order to the contrary, a decision by the agent which the agent is authorized to make

under the power of attorney takes precedence over that of the Guardian and the Guardian shall cooperate

with the agent to the extent feasible.

(b) A Guardian may not restrict the ability of the Ward to communicate, visit, or interact with others,

including receiving visitors and making or receiving telephone calls, personal mail, or electronic

communications, including through social media, or participating in social activities, unless:

(1) authorized by the Court by specific order;

(2) a protective order or a Protective Arrangement is in effect that limits contact between the

Ward and a Person; or

(3) the Guardian has good cause to believe restriction is necessary because interaction with

a specified Person poses a risk of significant physical, psychological, or financial harm to the Ward and the

restriction is:

(A) for a period of not more than seven (7) business days if the Person has a family

or pre-existing social relationship with the Ward; or

(B) for a period of not more than sixty (60) days if the Person does not have a family

or pre-existing social relationship with the Ward.

SECTION 317. GUARDIAN'S PLAN.

(a) A Guardian, not later than sixty (60) days after appointment, when there is a significant change

in circumstances, or the Guardian seeks to deviate significantly from the Guardian's plan, shall file with the

Court a plan for the care of the Ward. The plan must be based on the needs of the Ward and take into

account the best interest of the Ward as well as the Ward's preferences, values, and prior directions, to the

extent known to or reasonably ascertainable by the Guardian. The Guardian shall include in the plan:

(1) the Ward's medical condition, cognitive functions, everyday functioning and levels of

supervision needed;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTY-EIGHT

(2) the living arrangement, services, and supports the Guardian expects to arrange, facilitate,

or continue for the Ward;

(3) social and educational activities the Guardian expects to facilitate on behalf of the Ward;

(4) any Person with whom the Ward has a close personal relationship or relationship

involving regular visitation and any plan the Guardian has for facilitating visits with the Person;

(5) the anticipated nature and frequency of the Guardian's visits and communication with

the Ward; and

(6) goals for the Ward, including any goal related to the restoration of the Ward's rights, and

how the Guardian anticipates achieving the goals.

(b) A Guardian shall give notice of the filing of the Guardian's plan under subsection (a), together

with a copy of the plan, to the Ward, a Person entitled to notice under Section 311 (d) or a subsequent order,

and any other Person the Court determines. The notice must include a statement of the right to object to

the plan and be given not later than fourteen (14) days after the filing.

Guardian's plan may object to the plan.

(d) The Court shall review the Guardian's plan filed under subsection (a) and determine whether to

approve the plan or require a new plan. In deciding whether to approve the plan, the Court shall consider

an objection under subsection (c) and whether the plan is consistent with the Guardian's duties and powers

under Sections 314 and 315. The Court may not approve the plan until thirty (30) days after its filing. The

Court may schedule a hearing on any plan.

(e) After the Guardian's plan under this Section is approved by the Court, the Guardian shall provide

a copy of the plan to the Ward, a Person entitled to notice under Section 31 l(d) or a subsequent order, and

any other Person the Court determines.

SECTION 318. GUARDIAN'S REPORT; REVIEW OF GUARDIANSIDP ~

(a) A Guardian shall at least annually from the date of appointment file with the Court a report

regarding the condition of the Ward and accounting for funds and other Property in the Guardian's

possession or subject to the Guardian's control.

(b) A report under subsection (a) must state or contain:

( 1) the mental, physical, and social condition of the Ward;

(2) the living arrangements of the Ward during the reporting period;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE THIRTY-NINE

(3) a summary of the Supported Decision Making, technological assistance, medical

services, educational and vocational services, and other supports and services provided to the Ward and the

Guardian's opinion as to the adequacy of the Ward's care;

(4) a summary of the Guardian's visits with the Ward, including the dates of the visits;

(5) action taken on behalf of the Ward;

(6) the extent to which the Ward has participated in decision making;

(7) if the Ward is living in a mental health facility or living in a facility that provides the

Ward with health-care or other personal services, whether the Guardian considers the facility's current plan

for support, care, treatment, or habilitation consistent with the Ward's preferences, values, prior directions,

and best interest;

(8) anything of more than de minimis value which the Guardian, any individual who resides

with the Guardian, the spouse or if the Guardian has none, an Adult with whom the Guardian has shared

household responsibilities for more than six (6) months in the twelve (12) month period immediately prior

to the filing of the report, Parent, child, or sibling of the Guardian has received from an individual providing

goods or services to the Ward;

(9) if the Guardian delegated a power to an agent, the power delegated and the reason for the

delegation;

(10) any business relation the Guardian has with a Person the Guardian has paid or that has

benefited from the Property of the Ward;

(11) a statement whether the Guardian has deviated from the most recently approved plan

and, if so, how the Guardian has deviated and why;

(12) plans for future care and support of the Ward;

(13) a recommendation as to the need for continued guardianship and any recommended

change in the scope of the guardianship; and

(14) whether any co-Guardian or successor Guardian appointed to serve when a designated

event occurs is alive and able to serve.

must be given to the Ward, a Person entitled to notice under Section 311(d) or a subsequent order, and any

other Person the Court determines. The notice and report must be given not later than fourteen (14) days

after the filing.

(d) The Court shall review each report at least annually to determine whether:

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FORTY

(1) the report provides sufficient information to establish the Guardian has complied with

the Guardian's duties;

(2) the guardianship should continue; and

(3) the Guardian's requested fees, if any, should be approved.

(e) If the Court determines there is reason to believe the Guardian has not complied with the

Guardian's duties or the guardianship should be modified or terminated, the Court:

(1) shall notify the Ward, the Guardian, and any other Person entitled to notice under Section

311 (d) or a subsequent order;

(2) may require additional information from the Guardian;

(3) consistent with Section 319 and 320, may hold a hearing to consider removal of the

Guardian, termination of the guardianship, or a change in the powers granted to the Guardian or terms of

the guardianship.

(f) If the Court has reason to believe fees requested by a Guardian are not reasonable, the Court shall

hold a hearing to determine whether to adjust the requested fees.

(g) A Guardian may petition the Court for approval of a report filed under this Section. The Court

after review may approve the report. If the Court approves the report, there is a rebuttable presumption the

report is accurate as to a matter adequately disclosed in the report.

SECTION 319. REMOVAL OF GUARDIAN; APPOINTMENT OF SUCCESSOR.

(a) The Court may remove a Guardian for failure to perform the Guardian's duties or for other good

cause and appoint a successor Guardian to assume the duties of Guardian.

(b) The Court shall hold a hearing to determine whether to remove a Guardian and appoint a

successor Guardian on:

( 1) a petition of the Ward, Guardian, or a Person interested in the welfare of the Ward which

contains allegations that, if true, would support a reasonable belief that removal of the Guardian and

appointment of a successor Guardian may be appropriate, but the Court may decline to hold a hearing if a

petition based on the same or substantially similar facts was filed during the preceding six (6) months;

(2) a communication from the Ward, Guardian, or a Person interested in the welfare of the

Ward which supports a reasonable belief that removal of the Guardian and appointment of a successor

Guardian may be appropriate; or

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FORTY-ONE

(3) a determination by the Court that a hearing would be in the best interest of the Ward.

other Person the Court determines.

(d) A Ward who seeks to remove the Guardian and have a successor Guardian appointed has the

right to choose an Attorney to represent the Ward in such proceeding. If the Ward is not represented by an

Attorney, the Court shall appoint an Attorney under the same conditions as in Section 306. The Court shall

award reasonable attorney's fees to the Attorney for the Ward as provided in Section 115.

(e) The Court shall consider the provisions of Section 310 in appointing a successor Guardian.

(f) Not later than thirty (30) days after appointing a successor Guardian, the Court shall give notice

of the appointment to the Ward and any Person entitled to notice under Section 311 (d) or a subsequent order

as well as to any other Person the Court determines.

SECTION 320. TERMINATION OR MODIFICATION OF GUARDIANSHIP.

(a) The Ward, Guardian, or a Person interested in the welfare of the Ward may petition for:

(1) termination of the guardianship on the ground that a basis for appointment under Section

301 does not exist, termination would be in the best interest of the Ward, or for other good cause; or

(2) modification of the guardianship on the ground that the extent of protection or assistance

granted is not appropriate or for other good cause.

(b) The Court shall hold a hearing to determine whether termination or modification of a

guardianship is appropriate on:

(1) a petition under subsection (a) which contains allegations that, if true, would support a

reasonable belief that termination or modification of the guardianship may be appropriate, but the Court

may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during

the preceding six (6) months;

(2) a communication from the Ward, Guardian, or a Person interested in the welfare of the

Ward which supports a reasonable belief that termination or modification of the guardianship may be

appropriate, including because the functional needs of the Ward or supports or services available to the

Ward have changed;

(3) a report from the Guardian or Conservator which indicates that termination or

modification may be appropriate because the functional needs of the Ward or supports or services available

to the Ward have changed or a Protective Arrangement or other Less Restrictive Alternative for meeting

the Ward's needs is available; or

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTNE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FORTY-TWO

(4) a determination by the Court that a hearing would be in the best interest of the Ward.

other Person the Court determines.

(d) On presentation of prima facie evidence for termination of a guardianship, the Court shall order

termination unless it is proven that a basis for appointment of a Guardian under Section 301 exists.

(e) The Court shall modify the powers granted to a Guardian if the powers are excessive or

inadequate due to a change in the abilities or limitations of the Ward, the Ward's supports, or other

circumstances.

(f) Unless the Court otherwise orders for good cause, before terminating or modifying a

guardianship, the Court shall follow the same procedures to safeguard the rights of the Ward which apply

to a petition for guardianship.

(g) A Ward who seeks to terminate or modify the terms of the guardianship has the right to choose

an Attorney to represent the Ward in the proceeding. If the Ward is not represented by an Attorney, the

Court shall appoint an Attorney under the same conditions as in Section 306. The Court shall award

reasonable attorney's fees to the Attorney for the Ward as provided in Section 115.

ARTICLE 4 - CONSERVATORSHIP

SECTION 401. BASIS FOR APPOINTMENT OF CONSERVATOR.

(a) On petition and after notice and hearing, the Court may appoint a Conservator for the Property

or financial affairs of a Minor if the Court finds by the greater weight of the evidence that appointment of

a Conservator is in the Minor's best interest, and:

(1) if the Minor has a Parent, the Court gives weight to any recommendation of the Parent

whether an appointment is in the Minor's best interest; and

(2) either:

(A) the Minor owns funds or other Property requiring management or protection that

otherwise cannot be provided;

(B) the Minor has or may have financial affairs that may be put at unreasonable risk

or hindered because of the Minor's age; or

needed for the support, care, education, health, or welfare of the Minor.

RE:

SEMJNOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDJNANCE

CONSERVATORSHIP

AND

ORDJNANCE NO. C-03-21

PAGE FORTY-THREE

(b) On petition and after notice and hearing, the Court may appoint a Conservator for the Property

or financial affairs of an Adult if the Court finds by clear and convincing evidence that:

(1) the Adult is unable to manage Property or financial affairs because:

(A) of a limitation in the Adult's ability to receive and evaluate information or make

or communicate decisions, even with the use of appropriate supportive services, technological assistance,

or Supported Decision Making; or

(B) the Adult is missing or detained;

(2) appointment is necessary to:

(A) avoid harm to the Adult or significant dissipation of the Property of the Adult;

(B) obtain or provide funds or other Property needed for the support, care, education,

health, or welfare of the Adult or of an individual entitled to the Adult's support; and

(3) the Adult's identified needs cannot be met by a Protective Arrangement or other Less

Restrictive Alternative.

and needs of the Adult and issue orders that will encourage development of the Adult's maximum selfdetermination and independence. The Court may not establish a full Conservatorship if a Limited

Conservatorship, Protective Arrangement, or other Less Restrictive Alternative would meet the needs of

the Adult.

SECTION 402. PETITION FOR APPOINTMENT OF CONSERVATOR

(a) The following may petition for the appointment of a Conservator:

(1) the Respondent for whom the order is sought;

(2) the Tribal Council, a social service department of the Seminole Tribe or a Tribal Member

interested in the Property, financial affairs, or welfare of the Respondent, including a person that would be

adversely affected by lack of effective management of Property or financial affairs of the Respondent; or

(3) the Guardian for the Respondent.

(b) A petition under subsection (a) must state the petitioner's name, principal residence, current

street address, if different, relationship to the Respondent, interest in the appointment, the name, address

and telephone number of any Attorney representing the petitioner, and, to the extent known, the following:

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FORTY-FOUR

(1) the Respondent's name, age, principal residence, current street address, if different, and,

if different, address of the dwelling in which it is proposed the Respondent will reside if the petition is

granted;

(2) the name and address of the Respondent's:

(A) spouse or, if none, an Adult with whom the Respondent has shared household

responsibilities for more than six (6) months in the twelve (12) month period immediately before the filing

of the petition;

(B) Adult children or, if none, each Parent and Adult sibling of the Respondent, or,

if none, at least one Adult nearest in kinship to the Respondent who can be found with reasonable diligence;

and

stepchildren's minor years and with whom the Respondent had an ongoing relationship during the two (2)

years immediately before the filing of the petition;

(3) the name and current address of each of the following, if applicable:

(A) any Person responsible for the care or custody of the Respondent;

(B) any Attorney currently representing the Respondent;

Respondent;

(D) any guardian or conservator acting for the Respondent;

(E) any trustee or custodian of a trust or custodianship of which the Respondent is a

beneficiary;

(F) any fiduciary appointed for the Respondent by the Department of Veterans

Affairs;

(G) any agent designated under a designation of health care surrogate or other similar

document in which the Respondent is identified as the principal;

(H) any agent designated under a power of attorney in which the Respondent is

identified as the grantor;

(I) any Person known to have routinely assisted the Respondent with decision making

in the six (6) month period immediately before the filing of the petition;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTNE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FORTY-FIVE

(J) any Person whom the Respondent has expressed an interest in being named as

Conservator, if the Respondent is twelve (12) years of age or older; and

(K) if the Tribal Member or Descendant for whom a Conservator is sought is a Minor:

(i) an Adult not otherwise listed with whom the Minor resides; and

(ii) each Person not otherwise listed that had primary care or custody of the

Minor for at least sixty (60) days during the two years immediately before the filing of the petition;

(4) a general statement of the Respondent's Property with an estimate of its value, including

any insurance or pension, and the source and amount of other anticipated income or receipts;

(5) the reason a conservatorship is necessary, including a brief description of:

(A) the nature and extent of the Respondent's alleged need based on the

Respondent's health condition, cognitive functioning, everyday financial functioning and level of

supervision needed;

(B) if the petition alleges the Respondent is missing or detained, the relevant

circumstances, including the time and nature of the disappearance or detention and any search or inquiry

concerning the Respondent's whereabouts;

the Respondent's alleged need which have been considered or implemented;

(D) if no Protective Arrangement or other Less Restrictive Alternatives have been

considered or implemented, the reason they have not been considered or implemented; and

(E) the reason a Protective Arrangement or other Less Restrictive Alternative is

insufficient to meet the Respondent's alleged need;

(6) whether the petitioner seeks a Limited Conservatorship or a Full Conservatorship;

(7) if the petitioner seeks a Full Conservatorship, the reason a Limited Conservatorship or

Protective Arrangement is not appropriate;

(8) the name and address of the proposed Conservator and the reason the proposed

Conservator should be appointed;

(9) if the petition is for a Limited Conservatorship, a description of the Property to be placed

under the Conservator; s control and any requested limitation on the authority of the Conservator;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FORTY-SIX

(10) whether the Respondent needs an interpreter, translator, or other form of support to

communicate effectively with the Court or understand Court proceedings; and

(11) the status of enrollment in the Seminole Tribe for both the Respondent and the

petitioner.

SECTION 403. NOTICE AND PRELIMINARY HEARING.

(a) On the filing of a petition for appointment of a Conservator for an Adult, the Court shall set a

date, time and place for a preliminary hearing.

(b) A copy of a petition under Section 402 and notice of the preliminary hearing must be by Personal

Service on the Respondent, with notice on the Respondent's spouse, if any; any Person responsible for the

care of the Respondent; and any Attorney known to be representing the Respondent.

(1) explain to the Respondent the substance of the petition, the nature, purpose, and effect

of the proceeding, the Respondent's rights at the hearing on the petition, and the general powers and duties

of a Conservator;

(2) determine the Respondent's views about the appointment sought by the petitioner,

including views about a proposed Conservator, the Conservator's proposed powers and duties, and the

scope and duration of the proposed conservatorship;

(3) inform the Respondent of the Respondent's right to employ and consult with an Attorney

at the Respondent's expense and the right to request a Court-appointed Attorney; and

(4) inform the Respondent that all costs and expenses of the proceeding, including

Respondent's Attorney's fees, may be paid from the Respondent's assets.

(d) If the Court is aware of circumstances which would prohibit or make it impractical for the

Respondent to attend the preliminary hearing, the Court may appoint a Court Monitor pursuant to Section

406 to meet with the Respondent regarding the items listed in subsection (c) (1)-(4) above and to advise the

Court of the same.

SECTION 404. NOTICE AND HEARING FOR APPOINTMENT OF CONSERVATOR.

(a) On the filing of a petition for appointment of a Conservator, the Court shall set a date, time, and

place for a hearing on the petition.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FORTY-SEVEN

(b) A copy of the petition and notice of a hearing on the petition must be by Personal Service on the

Respondent. If the Respondent is an enrolled member of the Seminole Tribe whose whereabouts are

unknown or on whom Personal Service cannot be made, then service can be effectuated by completing the

following three (3) requirements: (i) mailing the notice and a copy of the petition by U.S. Mail, postage

prepaid, to the Respondent's last known address on file at the office of the Tribal Secretary of the Seminole

Tribe; (ii) serving the notice and a copy of the petition by Personal Service on a family relative of the

Respondent; and (iii) posting the notice and a copy of the petition in a conspicuous place in at least one

administrative building on a reservation of the Seminole Tribe, which posting must remain in place for no

less than three (3) business days. The notice must inform the Respondent of the Respondent's rights at the

hearing, including the right to an Attorney; the right to attend the hearing; that the failure to attend the

hearing could result in the appointment of a Conservator without the Respondent's input; and include a

description of the nature, purpose, and consequences of granting the petition. The Court may not grant a

petition for appointment of a Conservator if notice substantially complying with this subsection is not served

on the Respondent.

Persons required to be listed in the petition under Section 402(b )(2) and (3), but excluding the Persons listed

in 402(b)(3)(G) and (K)(ii), and any other Person interested in the Respondent's welfare the Court

determines. Failure to give notice under this subsection does not preclude the Court from appointing a

Conservator.

(d) After the appointment of a Conservator, notice of a hearing on a petition for an order under this

Article 4, together with a copy of the petition, must be given to:

(1) the Ward, if 12 years of age or older and not missing;

(2) the Conservator; and

(3) any other Person the Court determines.

SECTION 405. ORDER TO PRESERVE OR APPLY PROPERTY WHILE PROCEEDING

PENDING. While a petition is pending, before a hearing under Section 404 and without notice to others,

the Court may issue an order to preserve and apply Property of the Respondent as required for the support

of the Respondent or an individual who is in fact dependent on the Respondent.

SECTION 406. APPOINTMENT AND ROLE OF COURT MONITOR.

(a) After the filing of a petition for the appointment of a Conservator, the Court may appoint a Court

Monitor. The Court Monitor must have completed a training course conducted by the Guardianship

Program of the Advocacy and Guardianship Department. To the extent feasible, the Court Monitor shall

interview the Respondent in person and in a manner the Respondent is best able to understand and perform

such tasks as assigned by the Court, including investigating any matter involving the conservatorship.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FORTY-EIGHT

(b) When the whereabouts of an enrolled member of the Seminole Tribe is unknown and Personal

Service cannot be made, then the procedure for service pursuant to Section 404(b) may be assigned to a

Court Monitor who shall effectuate service as provided for therein and shall file with the Court a

certification that the requirements were complied with. The Court Monitor shall have discretion as to where

the posting pursuant to Section 404(b) may be made.

SECTION 407. APPOINTMENT AND ROLE OF ATTORNEY.

(a) The Court shall appoint an Attorney to represent the Respondent in a proceeding to appoint a

Conservator if the Respondent requests an appointment or the Court determines the Respondent needs

representation.

(b) An Attorney representing the Respondent in a proceeding shall:

(1) make reasonable efforts to ascertain the Respondent's wishes;

(2) advocate for the Respondent's wishes to the extent reasonably ascertainable; and

(3) if the Respondent's wishes are not reasonably ascertainable, advocate for the result that

is the least restrictive in type, duration, and scope, consistent with the Respondent's interests.

SECTION 408. PROFESSIONAL EVALUATION.

(a) At or before a hearing on a petition for conservatorship for an Adult, the Court shall order a

professional evaluation of the Respondent:

(1) if the Respondent requests the evaluation; or

(2) in other cases, unless the Court finds it has sufficient information to determine the

Respondent's needs and abilities without the evaluation.

(b) If the Court orders an evaluation under subsection (a), the Respondent must be examined by a

licensed physician, psychologist or other individual appointed by the Court who is qualified to evaluate the

Respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or

disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. The individual

conducting the evaluation promptly shall file a report with the Court. Unless otherwise directed by the

Court, the report must contain:

(1) a description of the nature, type, and extent of the Respondent's cognitive and functional

abilities and limitations with regard to the management of the Respondent's Property and financial affairs;

(2) an evaluation of the Respondent's mental and physical condition and, if appropriate,

educational potential, adaptive behavior, and social skills;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FORTY-NINE

(3) a prognosis for improvement with regard to the ability to manage the Respondent's

Property and financial affairs; and

(4) the date of the examination on which the report is based.

Respondent declines to participate, the Court may enter an order granting the conservatorship or other

Protective Arrangement without the report required by subsection (b) if the Court otherwise finds that there

is a basis for such order.

SECTION 409. ATTENDANCE AND RIGHTS AT HEARING.

(a) Except as otherwise provided in subsection (b), a hearing under Section 404 may not proceed

unless the Respondent attends the hearing. If it is not reasonably feasible for the Respondent to attend a

hearing at the location Court proceedings typically are held, the Court shall make reasonable efforts to hold

the hearing at an alternative location convenient to the Respondent or allow the Respondent to attend the

hearing using real-time audio-visual technology or by telephone if the same is not available.

(b) A hearing under Section 404 may proceed without the Respondent in attendance if the Court

finds by clear and convincing evidence that:

(1) the Respondent failed to appear after being served with notice as required by Section

404(b);

(2) there is no practicable way for the Respondent to attend and participate in the hearing

even with appropriate supportive services or technological assistance; or

(3) the Respondent is a Minor who has received proper notice and attendance would be

harmful to the Minor.

Respondent's choosing, assistive technology, or an interpreter, translator or a combination of these supports.

If assistance would facilitate the Respondent's participation in the hearing but is not available to the

Respondent, the Court shall make reasonable efforts to provide it.

(d) The Respondent has a right to choose an Attorney to represent the Respondent at a hearing under

Section 404.

(e) The Court shall advise the Respondent of the matters set forth in Section 403 (c) (1 - (4) if a

preliminary hearing is not held and if any appointed Court Monitor was not able to meet with the

Respondent.

(f) At a hearing under Section 404, the Respondent may:

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTY

(1) present evidence whether testimonial, written or otherwise;

(2) examine witnesses, including any Court-appointed evaluator and the Court Monitor; and

(3) otherwise participate in the hearing.

(g) Unless excused by the Court for good cause, a proposed conservator shall attend a hearing under

Section 404.

(h) A hearing under Section 404 must be closed on request of the Respondent and a showing of

good cause.

(i) Any Person may request to participate in a hearing under Section 404. The Court may grant the

request, with or without a hearing, on determining that the best interest of the Respondent will be served.

The Court may impose appropriate conditions on the Person's participation.

SECTION 410. CONFIDENTIALITY OF RECORDS.

(a) The existence of a proceeding for or the existence of a conservatorship is a matter of public

record unless the Court seals the record after the Respondent, Ward, or the Parent of a Respondent who is

a Minor petitions that the record be sealed and either the petition for conservatorship is dismissed or the

conservatorship is terminated.

(b) A Respondent, whether or not a Conservator is appointed, an Attorney designated by the Tribal

Member or Descendant, and a Person entitled to notice under Section 412(e)(6) or a subsequent order are

entitled to access Court records of the proceeding and resulting conservatorship, including the

Conservator's plan under Section 420 and the Conservator's report under Section 424. A Person not

otherwise entitled to access to Court records under this subsection for good cause may petition the Court

for access to Court records of the conservatorship, including the Conservator's plan and report. The Court

shall grant access if access is in the best interest of the Respondent or Ward or furthers the public interest

and does not endanger the welfare or financial interests of the Respondent or Ward.

confidential and must be sealed on filing, but is available to:

(1) the Court;

(2) the Respondent or Ward, without limitation as to use;

(3) the petitioner, Court Monitor, and any Attorney for the petitioner, Respondent or Ward,

for purposes of the proceeding;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTNE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTY-ONE

(4) an agent appointed under a power of attorney in which the Respondent or Ward is the

grantor unless the Court otherwise orders; and

(5) an agent appointed under a designation of health care surrogate or other similar

document in which the Respondent or Ward is the principal unless the Court otherwise orders.

SECTION 411. WHO MAY BE CONSERVATOR. The Court in appointing a Conservator shall

consider the following Persons qualified to be a Conservator:

(1) a conservator, other than a temporary or emergency conservator, currently acting for the

Respondent;

(2) a Person expressed by the Respondent to serve as Conservator;

(3) such other Person as determined by the Court to be best qualified to serve in such

capacity.

SECTION 412. ORDER OF APPOINTMENT OF CONSERVATOR.

(a) A Court order appointing a Conservator for a Minor must include findings to support

appointment of a Conservator and, if a Full Conservatorship is granted, the reason a Limited

Conservatorship would not meet the identified needs of the Minor.

(b) A Court order appointing a Conservator for an Adult must:

(1) include a specific finding that clear and convincing evidence established that the

identified needs of the Respondent cannot be met by a Protective Arrangement or other Less Restrictive

Alternative, including use of appropriate supportive services, technological assistance, or Supported

Decision Making; and

(2) include a specific finding that the Respondent was given proper notice of the hearing on

the petition.

a Full Conservatorship and include specific findings to support the conclusion that a Limited

Conservatorship would not meet the functional needs of the Ward.

(d) A Court order establishing a Limited Conservatorship must state the specific Property placed

under the control of the Conservator and the powers granted to the Conservator.

(e) The Court, as part of an order establishing a conservatorship, shall identify any Person that

subsequently is entitled to:

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTY-TWO

( 1) notice of the rights of the Ward;

(2) notice of a sale of or surrender of a lease to the primary dwelling of the Ward;

(3) notice that the Conservator has delegated a power that requires Court approval under

Section 415;

(4) notice that the Conservator will be unavailable to perform the Conservator's duties for

more than one (1) month;

(5) a copy of the Conservator's plan under Section 420 and the Conservator's report under

Section 424;

(6) access to Court records relating to the conservatorship;

(7) notice of a transaction involving a substantial conflict between the Conservator's

fiduciary duties and personal interests;

(8) notice of the death or significant change in the condition of the Ward;

(9) notice that the Court has limited or modified the powers of the Conservator; and

(10) notice of the removal of the Conservator.

(f) If a Ward is an Adult, the spouse, or if the Ward has none, an Adult with whom the Ward shared

household responsibilities for more than six (6) months in the twelve (12) month period immediately before

the filing of the petition, and Adult children of the Ward are entitled under subsection (e) to notice unless

the Court determines notice would be contrary to the preferences or prior directions of the Ward or not in

the best interest of the Ward.

(g) If a Ward is a Minor, each Parent and Adult sibling of the Minor is·entitled under subsection (e)

to notice unless the Court determines notice would not be in the best interest of the Ward.

SECTION 413. NOTICE OF ORDER OF APPOINTMENT; RIGHTS. A Conservator, within

fourteen (14) days of appointment, shall give the Ward, any Attorney for the Ward, and such other Persons

as the Court determines appropriate, using Section 402(b)(2) and (3) as a guide for the same, a copy of the

order of appointment, together with notice of the right to request its termination or modification.

SECTION 414. EMERGENCY CONSERVATOR.

(a) On its own after a petition has been filed under Section 402, or on a petition by a Person interested

in a Respondent's welfare filed under Section 402, the Court may appoint an emergency Conservator for

the Respondent if the Court finds:

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTY-THREE

(1) appointment of an emergency Conservator is likely to prevent substantial and irreparable

harm to the Respondent's Property or financial interests;

(2) no other Person appears to have authority and willingness to act in the circumstances;

and

(3) there is reason to believe that a basis for appointment of a Conservator under Section 401

exists.

(b) The duration of authority of an emergency Conservator may not exceed thirty (30) days and the

emergency Conservator may exercise only the powers specified in the order of appointment. The

emergency Conservator's authority may be extended once for not more than thirty (30) days if the Court

finds that the conditions for appointment of an emergency Conservator under subsection (a) continue.

Attorney to represent the Respondent in the proceeding. Except as otherwise provided in subsection (d),

reasonable notice of the date, time, and place of a hearing on the petition must be given to the Respondent,

the Respondent's Attorney, and any other Person the Court determines.

(d) The Court may appoint an emergency Conservator without notice to the Respondent and any

Attorney for the Respondent only if the Court finds from an affidavit or testimony that the Respondent's

Property or financial interests will be substantially and irreparably harmed before a hearing with notice on

the appointment can be held. If the Court appoints an emergency Conservator without giving notice under

subsection (c), the Court must give notice of the appointment not later than forty-eight (48) hours after the

appointment to the Respondent, the Respondent's Attorney, and any other Person the Court determines.

Not later than ten (10) days after the appointment, the Court shall hold a hearing on the appropriateness of

the appointment.

(e) Appointment of an emergency Conservator under this Section is not a determination that a basis

exists for appointment of a Conservator under Section 401.

(f) The Court may remove an emergency Conservator appointed under this Section at any time.

(g) The emergency Conservator shall make any report the Court requires.

SECTION 415. POWERS OF CONSERVATOR REQUIRING COURT APPROVAL.

(a) Except as otherwise ordered by the Court, a Conservator must give notice to Persons entitled to

notice under Section 404(d) and receive specific authorization by the Court before the Conservator may

exercise with respect to the conservatorship the power to:

(1) make a gift, except a gift of de minimis value;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTY-FOUR

(2) sell, encumber an interest in, or surrender a lease to the primary dwelling of the Ward;

(3) convey, release, or disclaim a contingent or expectant interest in Property, including

marital Property and any right of survivorship incident to joint tenancy or tenancy by the entireties;

(4) exercise or release a power of appointment;

(5) create a revocable or irrevocable trust of Property of the Conservatorship Estate, whether

or not the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by

the Ward.

(6) exercise a right to elect an option or change a beneficiary under an insurance policy or

annuity or surrender the policy or annuity for its cash value;

(7) exercise a right to an elective share in the estate of a deceased spouse of the Ward or

renounce or disclaim a Property interest;

(8) grant a creditor priority for payment over creditors of the same or higher class if the

creditor is providing Property or services used to meet the basic living and care needs of the Ward and

preferential treatment otherwise would be impermissible under this Ordinance; and

(9) make, modify, amend, or revoke the will of the Ward.

(b) In approving a Conservator's exercise of a power listed in subsection (a), the Court shall consider

primarily the decision the Ward would make if able, to the extent the decision can be ascertained.

consider the Ward's prior or current directions, preferences, opinions, values, and actions, to the extent

actually known or reasonably ascertainable by the Conservator. The Court also shall consider:

(1) the financial needs of the Ward and individuals who are in fact dependent on the Ward

for support, and the interests of creditors of the Ward;

(2) possible reduction of income, estate, inheritance, or other tax liabilities;

(3) eligibility for governmental assistance;

(4) the previous pattern of giving or level of support provided by the Ward;

(5) any existing estate plan or lack of estate plan of the Ward;

(6) the life expectancy of the Ward and the probability the conservatorship will terminate

before the Ward's death; and

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTY-FIVE

(7) any other relevant factor.

(d) A Conservator may not revoke or amend a power of attorney executed by the Ward. If a power

of attorney is in effect, a decision of the agent takes precedence over that of the Conservator, unless the

Court orders otherwise.

SECTION 416. PETITION FOR ORDER AFTER APPOINTMENT. A Ward or a Person

interested in the welfare of the Ward may petition for an order:

(1) requiring the Conservator to furnish a bond or collateral or additional bond or collateral or

allowing a reduction in a bond or collateral previously furnished;

(2) requiring an accounting for the administration of the Conservatorship Estate;

(3) directing distribution;

(4) removing the Conservator and appointing a temporary or successor Conservator;

(5) modifying the type of appointment or powers granted to the Conservator, if the extent of

protection or management previously granted is excessive or insufficient to meet the Ward's needs,

including because the Ward's abilities or supports have changed;

(6) rejecting or modifying the Conservator's plan under Section 420, the Conservator's inventory

under Section 421, or the Conservator's report under Section 424; or

(7) granting other appropriate relief.

SECTION 417. BOND; ALTERNATIVE ARRANGEMENT.

(a) The Court shall require a Conservator to furnish a bond with a surety the Court specifies, or

require an alternative asset-protection arrangement, conditioned on faithful discharge of all duties of the

Conservator. The Court may waive this requirement only if it finds that a bond or other asset-protection

arrangement is not necessary to protect the interests of the Ward. The Court may not waive the requirement

if the Conservator is in the business of serving as a Conservator and is being paid for the Conservator's

service.

(b) Unless the Court directs otherwise, the bond required must be in the amount of the aggregate

capital value of the Conservatorship Estate, plus one year's estimated income, less the value of Property

deposited under an arrangement requiring a Court order for its removal and real property the Conservator

lacks power to sell or convey without specific Court authorization. The Court, in place of surety on a bond,

may accept collateral for the performance of the bond, including a pledge of securities or a mortgage of real

property.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTNE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTY-SIX

SECTION 418. TERMS AND REQUIREMENTS OF BOND.

(a) The following apply to the bond required under Section 417:

(1) Except as otherwise provided by the bond, the surety and the Conservator are jointly and

severally liable.

(2) By executing a bond provided by a Conservator, the surety submits to the personal

jurisdiction of the Court.

(b) If a bond under Section 417 is not renewed by the Conservator, the surety or sureties immediately

shall give notice to the Court and the Ward.

SECTION 419. DUTIES OF CONSERVATOR.

(a) A Conservator is a fiduciary and has duties of prudence and loyalty to the Ward.

(b) A Conservator shall promote the self-determination of the Ward and, to the extent reasonably

feasible, encourage the Ward to participate in decisions, act on the Ward's own behalf, and develop or

regain the capacity to manage the Ward's personal affairs.

reasonably believes the Ward would make if able unless doing so would fail to preserve the Property needed

to maintain the Ward's well-being and lifestyle or otherwise unreasonably harm or endanger the welfare or

personal or financial interests of the Ward. To determine the decision the Ward would make if able, the

Conservator shall consider the Ward's prior or current directions, preferences, opinions, values, and actions,

to the extent actually known or reasonably ascertainable by the Conservator.

(d) If a Conservator cannot make a decision under subsection (c) because the Conservator does not

know and cannot reasonably determine the decision the Ward probably would make if able, or the

Conservator reasonably believes the decision the Ward would make would fail to preserve Property needed

to maintain the Ward's well-being and lifestyle or otherwise unreasonably harm or endanger the welfare or

personal or financial interests of the Ward, the Conservator shall act in accordance with the best interest of

the Ward. In determining the best interest of the Ward, the Conservator shall consider:

(1) information received from professionals and Persons that demonstrate sufficient interest

in the welfare of the Ward;

(2) other information the Conservator believes the Ward would have considered if the Ward

were able to act; and

(3) other factors a reasonable Person in the circumstances of the Ward would consider,

including consequences for others.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTY-SEVEN

(e) Except when inconsistent with the Conservator's duties under subsections (a) through (d), a

Conservator shall invest and manage the Conservatorship Estate as a prudent investor would, by

considering:

(1) the circumstances of the Ward and the Conservatorship Estate;

(2) the need for liquidity, regularity of income, and preservation or appreciation of capital;

and

(3) the special relationship or value, if any, of specific Property to the Ward.

(f) The propriety of a Conservator's investment and management of the Conservatorship Estate is

determined in light of the facts and circumstances existing when the Conservator decides or acts and not by

hindsight.

(g) A Conservator shall make a reasonable effort to verify facts relevant to the investment and

management of the Conservatorship Estate.

(h) A Conservator that has special skills or expertise, or is named Conservator in reliance on the

Conservator's representation of special skills or expertise, has a duty to use the special skills or expertise in

carrying out the Conservator's duties.

(i) In investing, selecting specific Property for distribution, and invoking a power of revocation or

withdrawal for the use or benefit of the Ward, a Conservator shall consider any estate plan of the Ward

known or reasonably ascertainable to the Conservator and may examine the will or other donative,

nominative, or appointive instrument of the Ward.

(j) A Conservator shall maintain insurance on the insurable Property of the Ward unless the

Conservatorship Estate lacks sufficient funds to pay for insurance or the Court finds:

(1) the Property lacks sufficient equity; or

(2) insuring the Property would unreasonably dissipate the Conservatorship Estate or

otherwise not be in the best interest of the Ward.

(k) If a power of attorney is in effect, a Conservator shall cooperate with the agent to the extent

feasible.

(1) A Conservator shall have access to and authority over the digital assets of the Ward for the sole

purpose of fulfilling the Conservator's duties under this Ordinance unless otherwise ordered by the Court.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTY-EIGHT

(m) A Conservator for an Adult shall notify the Court if the condition of the Adult has changed so

that the Adult is capable of exercising rights previously removed. The notice must be given immediately

on learning of the change.

SECTION 420. CONSERVATOR'S PLAN.

(a) A Conservator, not later than ninety (90) days after appointment, when there is a significant

change in circumstances, or the Conservator seeks to deviate significantly from the Conservator's plan,

shall file with the Court a plan for protecting, managing, expending, and distributing the assets of the

Conservatorship Estate. The plan must be based on the needs of the Ward and take into account the best

interest of the Ward as well as the Ward's preferences, values, and prior directions, to the extent known to

or reasonably ascertainable by the Conservator. The plan shall include a budget containing projected

expenses and resources as well as projected income of the Ward.

(b) A Conservator shall give notice of the filing of the Conservator's plan under subsection (a),

together with a copy of the plan, to the Ward, if an Adult, and any other Person the Court determines. The

notice must include a statement of the right to object to the plan and be given not later than fourteen (14)

days after the filing.

Conservator's plan may object to the plan.

(d) The Court shall review the Conservator's plan filed under subsection (a) and determine whether

to approve the plan or require a new plan. In deciding whether to approve the plan, the Court shall consider

an objection under subsection (c) and whether the plan is consistent with the Conservator's duties and

powers. The Court may not approve the plan until thirty (30) days after its filing.

(e) After a Conservator's plan under this Section is approved by the Court, the Conservator shall

provide a copy of the plan to the Ward, if an Adult, and any other Person the Court determines.

SECTION 421. INVENTORY; RECORDS.

(a) Not later than ninety (90) days after appointment, the Conservator shall prepare and file with the

Court a detailed inventory of the Conservatorship Estate, together with an oath or affirmation that the

inventory is believed to be complete and accurate as far as information permits.

(b) The Conservator shall give notice of the filing of an inventory to the Ward, if an Adult, and any

other Person the Court determines. The notice must be given not later than fourteen (14) days after the

filing.

them available for examination on reasonable request of the Ward, a Guardian for the Ward, or any other

Person the Conservator or the Court determines.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE FIFTY-NINE

SECTION 422. ADMINISTRATIVE POWERS OF CONSERVATOR NOT REQUIRING

COURT APPROVAL.

(a) Except as otherwise provided in Section 415 or qualified or limited in the Court's order of

appointment and stated in the Letters of Conservatorship, a Conservator has all powers granted in this

Section.

(b) A Conservator, acting reasonably and consistent with the fiduciary duties of the Conservator to

accomplish the purpose of the conservatorship, without specific Court authorization or confirmation, may

with respect to the Conservatorship Estate:

(1) collect, hold, and retain Property, including Property in which the Conservator has a

personal interest, until the Conservator determines disposition of the Property should be made;

(2) receive additions to the Conservatorship Estate;

(3) continue or participate in the operation of a business or other enterprise;

(4) invest assets;

(5) deposit funds or other Property in a financial institution, including one operated by the

Conservator;

(6) acquire or dispose of Property, including options related thereto, for cash or on credit, at

public or private sale, and manage, develop, improve, exchange, partition, change the character of, or

abandon Property;

(7) make ordinary or extraordinary repairs or alterations in a building or other structure,

demolish any improvement, or raze an existing or erect a new party wall or building;

(8) subdivide or develop land, dedicate land to public use, make or obtain the vacation of a

plat and adjust a boundary, adjust a difference in valuation of land, exchange or partition land by giving or

receiving consideration, and dedicate an easement to public use without consideration;

(9) enter for any purpose into a lease of Property as lessor or lessee, with or without an option

to purchase or renew, for a term within or extending beyond the term of the Conservatorship;

(10) enter into a lease or arrangement for exploration and removal of minerals or other

natural resources or a pooling or unitization agreement;

(11) vote a security, in person or by general or limited proxy;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIXTY

(12) pay a call, assessment, or other sum chargeable or accruing against or on account of a

security;

(13) sell or exercise a stock subscription or conversion right;

(14) consent, directly or through a committee or agent, to the reorganization, consolidation,

merger, dissolution, or liquidation of a corporation or other business enterprise;

(15) hold a security in the name of a nominee or in other form without disclosure of the

conservatorship so that title to the security may pass by delivery;

(16) insure:

(A) the Conservatorship Estate, in whole or in part, against damage or loss in

accordance with Section 419(j); and

(B) the Conservator against liability with respect to a third Person;

(17) borrow funds, with or without security, to be repaid from the Conservatorship Estate or

otherwise;

(18) advance funds for the protection of the Conservatorship Estate or the Ward and all

expenses, losses, and liability sustained in the administration of the Conservatorship Estate or because of

holding any Property for which the Conservator has a lien on the Conservatorship Estate;

(19) pay or contest a claim, settle a claim by or against the Conservatorship Estate or the

Ward by compromise, arbitration, or otherwise, or release, in whole or in part, a claim belonging to the

Conservatorship Estate to the extent the claim is uncollectible;

(20) pay a tax or assessment and other expense incurred m the collection, care,

administration, and protection of the Conservatorship Estate;

(21) pay a sum distributable to the Ward or an individual who is in fact dependent on the

Ward by paying the sum to the distributee or for the use of the distributee:

(A) to the guardian for the distributee;

(B) to the custodian of the distributee; or

having physical custody of the distributee;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIXTY-ONE

(22) bring or defend an action, claim, or proceeding in any jurisdiction for the protection of

the Conservatorship Estate or the Conservator in the performance of the Conservator's duties;

(23) structure the finances of the Ward to establish eligibility for a public benefit, including

by making gifts consistent with the Ward's preferences, values, and prior directions, if the Conservator's

action does not jeopardize the Ward's welfare and otherwise is consistent with the Conservator's duties;

and

(24) execute and deliver any instrument that will accomplish or facilitate the exercise of a

power of the Conservator.

SECTION 423.

DISTRIBUTION FROM CONSERVATORSHIP ESTATE.

Except as

otherwise provided in Section 415 or qualified or limited in the Court's order of appointment and stated in

the Letters of Conservatorship, and unless contrary to a Conservator's plan under Section 420, the

Conservator may expend or distribute income or principal of the Conservatorship Estate without specific

Court authorization or confirmation for the support, care, education, health, or welfare of the Ward or an

individual who is in fact dependent on the Ward, including the payment of child or spousal support, in

accordance with the following rules:

( 1) The Conservator shall consider a recommendation relating to the appropriate standard of support,

care, education, health, or welfare for the Ward or individual who is dependent on the Ward, made by a

Guardian for the Ward, if any, and, if the Ward is a Minor, a recommendation made by a Parent of the

Minor.

(2) The Conservator acting in compliance with the Conservator's duties under Section 419 is not

liable for an expenditure or distribution made based on a recommendation under paragraph (1) unless the

Conservator knew the expenditure or distribution was not in the best interest of the Ward.

(3) In making an expenditure or distribution under this Section, the Conservator shall consider:

(A) the size of the Conservatorship Estate, the estimated duration of the conservatorship, and

the likelihood the Ward, at some future time, may be fully self-sufficient and able to manage the

Conservatorship Estate and attendant affairs;

(B) the accustomed standard of living of the Ward and individual who is dependent on the

Ward;

(D) the preferences, values, and prior directions of the Ward.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIXTY-TWO

(4) Funds expended or distributed under this Section may be paid by the Conservator to any Person,

including the Ward, as reimbursement for expenditures the Conservator might have made, or in advance

for services to be provided to the Ward or individual who is dependent on the Ward if it is reasonable to

expect the services will be performed and advance payment is customary or reasonably necessary under the

circumstances.

SECTION 424. CONSERVATOR'S REPORT AND ACCOUNTING; REVIEW.

(a) A Conservator shall file with the Court a report regarding the administration of the

Conservatorship Estate annually from the date of appointment unless the Court otherwise directs, on

resignation or removal, on termination of the conservatorship, and at any other time the Court directs.

(b) A report under subsection (a) must state or contain:

(1) an accounting that lists Property included in the Conservatorship Estate and the receipts,

disbursements, liabilities, and distributions during the period for which the report is made;

(2) a list of the services provided to the Ward;

(3) a copy of the Conservator's most recently approved plan and a statement whether the

Conservator has deviated from the plan and, if so, how the Conservator has deviated and why;

(4) a recommendation as to the need for continued conservatorship and any recommended

change in the scope of the conservatorship;

(5) to the extent feasible, a copy of the most recent reasonably available financial statements

evidencing the status of bank accounts, investment accounts, and mortgages or other debts of the Ward with

the account numbers and the Social Security number of the Ward redacted;

(6) anything of more than de minimis value which the Conservator, any individual who

resides with the Conservator, or the spouse, or any Adult with whom the Conservator has shared household

responsibilities for more than six (6) months in the twelve (12) month period immediately before the filing

of the petition for conservatorship, Parent, child, or sibling of the Conservator has received from a Person

providing goods or services to the Ward;

(7) any business relation the Conservator has with a Person the Conservator has paid or that

has benefited from the Property of the Ward; and

(8) whether any co-Conservator or successor Conservator appointed to serve when a

designated event occurs is alive and able to serve.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIXTY-THREE

report, must be provided to the Ward, if an Adult, and other Persons the Court determines. The notice and

report must be given not later than fourteen (14) days after filing.

(d) The Court shall review each report at least annually to determine whether:

(1) the reports provide sufficient information to establish the Conservator has complied with

the Conservator's duties;

(2) the conservatorship should continue; and

(3) the Conservator's requested fees, if any, should be approved.

(e) If the Court determines there is reason to believe a Conservator has not complied with the

Conservator's duties or the conservatorship should not continue, the Court:

( 1) shall notify the Ward, the Conservator and such other Persons as the Court determines

appropriate, using Section 402(b )(2) and (3) as a guide for the same;

(2) may require additional information from the Conservator; and

(3) consistent with Sections 431 and 432, may hold a hearing to consider removal of the

Conservator, termination of the conservatorship, or a change in the powers granted to the Conservator or

terms of the conservatorship.

(f) If the Court has reason to believe fees requested by a Conservator are not reasonable, the Court

shall hold a hearing to determine whether to adjust the requested fees.

(g) A Conservator may petition the Court for approval of a report filed under this Section. The

Court after review may approve the report. If the Court approves the report, there is a rebuttable

presumption the report is accurate as to a matter adequately disclosed in the report.

(h) An order, after notice and hearing, approving an interim report of a Conservator filed under this

Section adjudicates liabilities concerning a matter adequately disclosed in the report, as to a Person given

notice of the report or accounting.

(i) An order, after notice and hearing, approving a final report filed under this Section discharges

the Conservator from all liabilities, claims, and causes of action by a Person given notice of the report and

the hearing as to a matter adequately disclosed in the report.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIXTY-FOUR

SECTION 425. ATTEMPTED TRANSFER OF PROPERTY BY WARD.

(a) The interest of a Ward in Property included in the Conservatorship Estate is not transferrable or

assignable by the Ward and is not subject to levy, garnishment, or similar process for claims against the

Ward unless allowed under Section 429.

(b) If a Ward enters into a contract after having the right to enter the contract is removed by the

Court, the contract is void against the Ward and the Ward's Property.

the Conservatorship Estate is entitled to protection provided by law as determined to be applicable by the

Court pursuant to Section 104.

SECTION 426. TRANSACTION INVOLVING CONFLICT OF INTEREST. A transaction

involving a Conservatorship Estate which is affected by a substantial conflict between the Conservator's

fiduciary duties and personal interests is voidable unless the transaction is authorized by Court order after

notice to the Ward and to such other Persons as the Court determines appropriate, using Section 402(b )(2)

and (3) as a guide for the same. A transaction affected by a substantial conflict includes a sale,

encumbrance, or other transaction involving the Conservatorship Estate entered into by the Conservator, an

individual with whom the Conservator resides, the spouse or if the Conservator has none, an Adult with

whom the Conservator has shared household responsibilities for more than six (6) months in the twelve

(12) month period immediately before the filing of the petition for conservatorship, descendant, sibling,

agent or Attorney of the Conservator, or a corporation or other enterprise in which the Conservator has a

substantial beneficial interest.

SECTION 427. PROTECTION OF PERSON DEALING WITH CONSERVATOR. A Person

that assists or deals with a Conservator in good faith and for value in any transaction, other than a transaction

requiring a Court order under Section 415, is protected as though the Conservator properly exercised any

power in question. Knowledge by a Person that the Person is dealing with a Conservator alone does not

require the Person to inquire into the existence of authority of th~ Conservator or the propriety of the

Conservator's exercise of authority, but restrictions on authority stated in Letters of Conservatorship, or

otherwise provided by law, are effective as to the Person. A Person that pays or delivers Property to a

Conservator is not responsible for proper application of the Property.

SECTION 428. DEATH OF THE WARD.

(a) If a Ward dies, the Conservator shall deliver to the Court for safekeeping any will of the Ward

in the Conservator's possession and inform the personal representative named in the will if feasible, or if

not feasible, a beneficiary named in the will, of the delivery.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIXTY-FIVE

(b) If forty (40) days after the death no personal representative has been appointed and no application

or petition for appointment is before any court, the Conservator may apply in any court of appropriate

jurisdiction to exercise the powers and duties of a personal representative to administer and distribute the

decedent's estate. The Conservator shall give notice to a Person nominated as personal representative by a

will of the decedent of which the Conservator is aware.

Conservatorship Estate as provided in Section 432.

SECTION 429. PRESENTATION AND ALLOWANCE OF CLAIM.

(a) A Conservator may pay or secure by encumbering Property in the Conservatorship Estate as

allowable by applicable law, a claim against the Conservatorship Estate or the Ward arising before or during

the conservatorship, on presentation and allowance in accordance with the priorities under subsection (d).

A claimant may present a claim by:

(1) sending or delivering to the Conservator a statement of the claim, indicating its basis, the

name and address of the claimant, and the amount claimed; or

(2) filing the claim with the Court, in a form acceptable to the Court, and sending or

delivering a copy of the claim to the Conservator.

(b) A claim under subsection (a) is presented on receipt by the Conservator of the statement of the

claim or the filing with the Court of the claim, whichever first occurs. A presented claim is allowed if it is

not disallowed in whole or in part by the Conservator in writing sent or delivered to the claimant not later

than sixty (60) days after its presentation. Before payment, the Conservator may change an allowance of

the claim to a disallowance in whole or in part, but not after allowance under a Court order or order directing

payment of the claim. The Court may determine that a claim is barred by laches pursuant to Section 104.

payment, and the Court may order its allowance, payment, or security by encumbering Property included

in the Conservatorship Estate as allowable by applicable law. If a proceeding is pending against the Ward

at the time of appointment of the Conservator or is initiated thereafter, the petitioning party shall give the

Conservator notice of the proceeding if it could result in creating a claim against the Conservatorship Estate.

(d) If a Conservatorship Estate is likely to be exhausted before all existing claims are paid, the

Conservator shall distribute the Conservatorship Estate in money or in kind in payment of claims in the

following order:

(1) costs and expenses of administration;

(2) a claim of the Seminole Tribe, federal or state government having priority under

applicable law;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIXTY-SIX

(3) a claim incurred by the Conservator for support, care, education, health, or welfare

previously provided to the Ward or an individual who is in fact dependent on the Ward;

(4) a claim arising before the conservatorship; and

(5) all other claims.

SECTION 430. PERSONAL LIABILITY OF CONSERVATOR.

(a) Except as otherwise agreed by a Conservator, the Conservator is not personally liable on a

contract properly entered into in a fiduciary capacity in the course of administration of the Conservatorship

Estate unless the Conservator fails to reveal the Conservator's representative capacity in the contract or

before entering into the contract.

(b) A Conservator is personally liable for an obligation arising from control of Property of the

Conservatorship Estate or an act or omission occurring in the course of administration of the

Conservatorship Estate only if the Conservator is personally at fault.

SECTION 431. REMOVAL OF CONSERVATOR; APPOINTMENT OF SUCCESSOR.

(a) The Court may remove a Conservator for failure to perform the Conservator's duties or other

good cause and appoint a successor Conservator to assume the duties of the Conservator.

(b) The Court shall hold a hearing to determine whether to remove a Conservator and appoint a

successor on:

(1) a petition of the Ward, Conservator, or a Person interested in the welfare of the Ward

which contains allegations that, if true, would support a reasonable belief that removal of the Conservator

and appointment of a successor Conservator may be appropriate, but the Court may decline to hold a hearing

if a petition based on the same or substantially similar facts was filed during the preceding six (6) months;

(2) a communication from the Ward, Conservator, or a Person interested in the welfare of

the Ward which supports a reasonable belief that removal of the Conservator and appointment of a successor

Conservator may be appropriate; or

(3) a determination by the Court that a hearing would be in the best interest of the Ward.

other Person the Court determines.

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIXTY-SEVEN

(d) A Ward who seeks to remove the Conservator and have a successor Conservator appointed has

the right to choose an Attorney to represent the Ward in the proceeding. If the Ward is not represented by

an Attorney, the Court shall appoint an Attorney under the same conditions as in Section 407. The Court

shall award reasonable attorney's fees to the Attorney as provided in Section 115.

(e) The Court shall use Section 411 in appointing a successor Conservator.

(f) Not later than thirty (30) days after appointing a successor Conservator, the Court shall give

notice of the appointment to the Ward and to such other Persons as the Court determines appropriate, using

Section 402(b )(2) and (3) as a guide for the same.

SECTION 432. TERMINATION OR MODIFICATION OF CONSERVATORSHIP.

(a) A Conservatorship for a Minor terminates on the earliest of:

(1) a Court order terminating the conservatorship;

(2) the Minor becoming an Adult or, if the Minor consents or the Court finds by clear and

convincing evidence that substantial harm to the Minor's interests is otherwise likely, attaining twenty-one

(21) years of age;

(3) emancipation of the Minor; or

(4) death of the Minor.

(b) A conservatorship for an Adult terminates on order of the Court or when the Adult dies.

(1) termination of the conservatorship on the ground that a basis for appointment under

Section 401 does not exist, termination would be in the best interest of the Ward, or for other good cause;

(2) modification of the conservatorship on the ground that the extent of protection or

assistance granted is not appropriate or for other good cause.

(d) The Court shall hold a hearing to determine whether termination or modification of a

conservatorship is appropriate on:

(1) a petition under subsection (c) which contains allegations that, if true, would support a

reasonable belief that termination or modification of the conservatorship may be appropriate, but the Court

may decline to hold a hearing if a petition based on the same or substantially similar facts was filed within

the preceding six (6) months;

RE:

SEMINOLE TRIBE OF FLORIDA GUARDIANSHIP,

PROTECTIVE ARRANGEMENT ORDINANCE

CONSERVATORSHIP

AND

ORDINANCE NO. C-03-21

PAGE SIXTY-EIGHT

(2) a communication from the Ward, Conservator, or a Person interested in the welfare of

the Ward which supports a reasonable belief that termination or modification of the conservatorship may

be appropriate, including because the functional needs of the Ward or supports or services available to the

Ward have changed;

(3) a report from the Guardian or Conservator which indicates that termination or

modification may be appropriate because the functional needs or supports or services available to the Ward

have changed or a Protective Arrangement or other Less Restrictive Alternative is available; or

(4) a determination by the Court that a hearing would be in the best interest of

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.