10.10.290 Types of guardianship.
The types of guardianship shall include guardianship of property and/or guardianship of the person.
(A) Guardianship of the Person. The Court may appoint a guardian to be responsible for the care and custody of a child. The guardian shall have legal and physical custody of the child, however, shall not have control over the child’s property unless a guardianship of property is also granted. Guardianship provides for custody of a child to someone other than the parent(s), although there is no modification of the parental rights of the parents.
(B) Guardianship of Property. The Court may appoint a guardian over the property of a child if necessary, and under such terms and conditions, as the Court deems appropriate. The guardian shall not have the authority, without express written consent of the Court, to dispose of any real or personal property of the child in any manner, including, but not limited to, the child’s individual Indian money account. The terms and conditions of the guardianship over a child’s property shall be set forth in the Court’s written order. Possible terms of the guardianship include:
(1) The guardian must post a bond in the amount set by the Court;
(2) The guardian must complete an inventory of any of the child’s property or money received and return the property at the time ordered by the Court;
(3) The guardian must dispose of and manage the estate according to laws and for the best interests of the child;
(4) The guardian must faithfully discharge their duties in relation to the child’s best interests, and in relation to the care, custody and education of the child;
(5) The guardian must render an account of the child’s property and money, all the proceeds or interests derived from the property and money, and of the management and disposition of the same, within three (3) months after the appointment, and at such other times as the Court directs;
(6) At the expiration of the trust, the guardian must settle all accounts with the Court or judge or with the child if they are of full age, or the legal representative, and to pay over all of the child’s funds and turn over all of the child’s property;
(7) The guardian may use the child’s funds solely for the support and education of the child and the funds shall only be expended by the guardian in a reasonable manner according to the circumstances and station in life of such child, and in such manner as can reasonably be afforded according to the income and estate of said child; and/or
(8) The child’s property may not be used for the child’s care, but rather to be managed for the child until they reach the age of eighteen (18) or are emancipated by the Court. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 §§ (20)(B), (20)(C) and (20)(I), 4/30/2009. Formerly 10.10.490, 10.10.500 and 10.10.560.]