ERIC Number: ED219207
Record Type: RIE
Publication Date: 1979
Reference Count: 0
Guardianship For the Indian Elderly.
Keys, John R., Jr.; Albin, Sheila A.
There are elderly Indians whose assets and property typically are not extensive enough to require or support the cost of a conservatorship. While a conservatorship intrudes on the authority of the elderly to manage their financial affairs, a guardianship removes an individual's most personal freedom of choice over movement and, therefore, it is important to maintain the distinction. While elderly Indians share many of the problems of elderly non-Indians with regard to guardianship, the possibility of unwanted guardianship in a legal forum which is not sensitive to the Indian culture can be truly disorienting for the individual. Tribal courts are clearly better suited to manage guardianship proceedings for elderly Indians because of the cultural insight and sensitivity the tribal judges and court personnel can bring to the determination. Under federal and state case law, tribal courts have exclusive jurisdiction over guardianship proceedings in non-Public Law 280 states. The Indian elderly have contributed tremendously to the preservation of Indian culture and history and, where guardianship is appropriate to provide needed care and protection, it should be managed with deep respect for persons to whom a great debt is owed. (ERB)
Publication Type: Information Analyses
Education Level: N/A
Sponsor: Administration on Aging (DHEW), Washington, DC.
Authoring Institution: National Indian Council on Aging, Albuquerque, NM.; Winston & Strawn, Washington, DC.
Identifiers: Guardianship; Public Law 280 (83d Cong); Tribal Courts