Document Type

Article

Publication Date

4-7-2005

Abstract

In the Blackfeet Tribal Court of Appeals, the Court determined that a previous appointment of a conservator, over an elder suffering from worsening dementia, did not follow Due Process, and was remanded to trial court for correction and compliance with the law. The Blackfeet Family Code, Ch.17, Sec. K requires that a determination of incompetence must be certified by proof from two qualified physicians to prove incompetence as defined in the Blackfeet Law and order Code. The Court determined that Margaret Croff should have been represented by legal counsel in such a life affecting situation. The case is remanded back to the Blackfeet Tribal Court for a conservatorship hearing, in accordance with the Law.

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