Statutes | 4 HCC § 1 Chapter V § 20 | 2020
a. An Elder may wish to Petition the matter before the Court under the Elder Protection Act. The Elder has the option of proceeding in one of two ways:
(1) The Elder may file the Petition on his or her own independently. The Elder shall file the Petition and present facts on his or her own behalf. The Elder may do this through the use of private counsel at his or her own expense or without counsel (pro se) or
(2) The Elder may seek to be assisted by and through CFS. If mediation or other nonlegal recourse is not successful or feasible, then the DOJ shall file the Petition and present facts on behalf of the Nation for legal proceedings authorized or required by this Act, provided the case is brought by the CFS Elder Protection Program.
b. CFS may file a Petition on behalf of the Elder on its own initiative.
c. The Petition shall contain the following:
(1) The name of the Elder. A supplemental document shall be filed with the Court containing the address of where the petitioner would like to receive notices from the court, the petitioner&rsquos telephone number(s), and e-mail address if available. This information shall be kept confidential.
(2) An allegation that:
(a) The respondent has abused, neglected, or exploited an Elder
(b) The respondent has threatened to engage in abuse, neglect, or exploitation of an Elder
(c) The Elder is self-neglecting himself or herself and intervention is necessary to protect the Elder.
(3) The name, mailing address, physical address, age of the accused, and his or her relationship to the Elder.
(4) A statement of facts that support the allegations presented.
d. Service of Process. Notice of the Elder Protection proceeding shall be made by personal service of the Petition and Summons at least ten (10) days prior to the Hearing on the Petition.