Section YAE.11.23 — Elder Protection Order And Time Limits.

(a) If the Court determines that an Elder is abused, neglected, exploited, or incapacitated, the Court shall issue an Elder protection order which provides appropriate protection for the Elder. Such protection may include, but is not limited to the following:

(1) Removing the Elder from the place where the abuse, neglect, or exploitation has taken or is taking place.

(2) Removing the person who abused, neglected, or exploited an Elder from the Elder's home immediately.

(3) Restraining the person who has abused, neglected, or exploited the Elder from continuing such acts.

(4) Placing the Elder under protective supervision, wherein the Elder is permitted to remain in the home providing the DES or a designated agent provides supervision and assistance to correct the neglect or exploitation of the Elder.

(5) Requiring an Elder's family or caretaker or any other person with a fiduciary duty to the Elder account for the Elder's funds and property.

(6) Requiring any person who has abused, neglected, or exploited an Elder to pay restitution to the Elder for damages resulting from that person's wrongdoing.

(7) Appointing a representative or a Guardian ad Litem for the Elder.

(8) Recommending that a representative payee be named.

(9) Ordering the DES or other agency to prepare a plan for and deliver protective services which provide the least restrictive alternatives for services, treatment, or placement consistent with the Elder's needs.

(b) A non-emergency Elder protection order shall be subject to review every ninety (90) calendar days unless otherwise determined by the Tribal Court. The non-emergency protection order may be extended as many times as necessary to protect the Elder.