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  • § 90. Successor Guardian.

    Statutes | 4 HCC § 3 Chapter III § 90

    a. Appointment of an Interim Successor Guardian in the Event of Guardian&rsquos Death or Sudden Incapacitation. The Court shall select a successor guardian, from the list of possible successor guardians provided in the Guardianship Petition, upon the death or sudden incapacitation of the guardian....

  • § 22. Orders.

    Statutes | 4 HCC § 1 Chapter VI § 22

    a. Elder Protection Order. The Court may rule from the bench and then issue a written statement of its findings in support of any Elder Protection Order within thirty (30) days of the Hearing.   b. No Elder Protection Order shall be issued until ten (10) days after the Petition has been served...

  • § 21. Hearing.

    Statutes | 4 HCC § 1 Chapter V § 21

    a. Hearing. A hearing on a Petition authorized or required by this Act shall be conducted with the purpose of protecting the Elder only when necessary and only to the extent shown by the facts and using the least restrictive alternatives.             (1)...

  • § 20. Petition.

    Statutes | 4 HCC § 1 Chapter V § 20

    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...

  • § 19. Jurisdiction.

    Statutes | 4 HCC § 1 Chapter V § 19

    a. The Ho-Chunk Nation Trial Court is vested with the fullest jurisdiction permissible under applicable law. Personal jurisdiction includes, but is not limited to the following people:             (1) Members of the Ho-Chunk Nation or...

  • § 18. Rights of the Accused.

    Statutes | 4 HCC § 1 Chapter V § 18

    a. The accused may refuse for themselves, but not for the Elder, services offered by the CFS Elder Protection Program to help remedy the alleged abuse, neglect, or exploitation.   b. The accused may refuse to allow an Elder Protection Worker into their home and the Elder Protection Worker...

  • § 17. Rights of Elders.

    Statutes | 4 HCC § 1 Chapter V § 17

    a. An Elder has the right to be informed about an Elder abuse investigation before it begins unless an emergency exists, in which case, they shall be informed as soon as possible, but not later than one (1) business day after the investigation begins.   b. An Elder has the right to refuse to...

  • § 16. Criminal Investigation.

    Statutes | 4 HCC § 1 Chapter V § 16

    Any investigation and any other procedure allowed under this Act may continue even if a criminal investigation is undertaken. The CFS Elder Protection Program shall provide its cooperation with law enforcement to ensure the criminal investigation is not compromised.

  • § 15. Interference with Investigation and Retaliation - Civil Penalty.

    Statutes | 4 HCC § 1 Chapter V § 15

    a. No person shall interfere intentionally with a lawful investigation of suspected Elder abuse, neglect, self-neglect, or exploitation.   b. No person shall retaliate by any means against any person who has made a good faith report of suspected Elder abuse, neglect, self-neglect, or...

  • § 14. Investigations.

    Statutes | 4 HCC § 1 Chapter III § 14

    a. The Elder Protection Worker shall initiate an investigation within one (1) business day of receipt of a report.   b. Written Investigative Report.        (1) A written investigative report shall be prepared and filed with the CFS Elder Protection Program. The...