Tribe: Nooksack Indian Tribe
18.06.070 Agreed Order. A. The patties to a fact finding hearing may agree to a proposed order, which
resolves some or all of the issues of the case.
B. One or more guardians or protective payees may be appointed in an agreed order.
C. A family meeting or other informal mediation process may be used to help reach
an agreement. D. Before deciding whether to approve the agreed order, the judge may hold an inchambers,
ex parte discussion with the elder/vulnerable adult or any person who
will be subject to the order to:
I. explain the proposed agreed order in detail;
2. assure that the person’s consent to the proposed order is not the result of
coercion, threat, duress, fraud, over-reaching, or improper promise on the
part of any person;
3. explain the person’s right to a spokesperson/counsel at his or her own
expense;
4. explain that the petitioner has the burden of proving the allegations in the
petition and that the person does not have to agree to the proposed order;
and •
5. explain that once the person agrees to the proposed order and it is signed
and entered by the Nooksack Tribal Comi, the person must adhere to the
order.
E. The in-chambers conversation need not be recorded.
F. If the person subject to the in-chambers conversation wants a friend, family
member, or other person to be present, the judge shall allow it after speaking
alone with him or her.
G. If the Nooksack Tribal Comi finds that any consent was the result of fraud or
duress, the agreed order may be vacated.