1-2-4. NOTICE AND HEARING.

Upon receipt of a verified Petition, the Tribal Court shall fix a time and place for the hearing.  The Clerk of Courts shall cause notice of said hearing to be given to all the interested persons listed in the Petition by mailing to said persons at their last known post office addressed by first class mail a true and correct copy of the Court’s order fixing the hearing together with a copy of the Petition on file, which mailing shall be accomplished not less than seven days prior to the date fixed for hearing.  At the time fixed for hearing, the Court shall examine the Petition and Petitioner and hear all evidence relative to whether or not a guardian shall be appointed; determine if any person nominated by a Will is available and consents to act; determine if the proposed ward is sufficient age or mental capacity to make an intelligent decision regarding a preference and given due consideration to the proposed ward’s preference of a guardian, setting forth the scope of the guardian’s authority, whether or not security for his performance will be required, and the duration of such appointment.  If the Petitioner for guardianship is for an incompetent, the Court shall make the same inquiries as noted above, and in addition, shall attempt to secure the best evidence available including medical records so that the Court is satisfied by clear and convincing evidence that the person allegedly incompetent is not presently able to handle his property or affairs.