Section YAE.11.04 — Declaration Of Policy.

(a) The dignity and self-reliance of the Community's Elders shall be acknowledged and respected by family members, the Tribal community, and employees of the Community. The rights of each Elder shall be protected. See Section YAE.11.18, Rights of Elders, Their Families, Caretakers and Guardians for specific rights and protections.

(b) The Community further recognizes that Elder abuse, as a family problem, is not a private matter when the well-being and safety of an Elder is endangered.

(c) The Community recognizes that many Elders suffer the infirmities of aging and may be in need of protective services. These services should, to the maximum degree feasible under programs, services, and resources available within federal, state, and Tribal funds limits, allow the Elder the same rights as all Tribal members, and at the same time protect the Elder from abuse, exploitation, and degrading treatment.

(d) The Community shall establish those services and assure their availability to all Elders when in need of them and to place the least possible restrictions on personal liberty and exercise of rights consistent with due process and protection from abuse, neglect, and exploitation.

(e) The Elderly Steering Committee ("ESC") shall be consulted during the development of implementing plans and programs and shall review and recommend amendments as required.

(f) Each Elder shall be encouraged to create a Living Will, designate a Durable Power of Attorney for healthcare, and/or designate a Durable Power of Attorney for finance and property to ensure the Elder's wishes and protection in the event of incapacitation.

(g) Specifically, this Code requires the following:

(1) There shall be prompt reporting to the Stockbridge-Munsee Department of Elderly Services ("DES") of abuse, neglect or self-neglect, or exploitation of an Elder.

(2) The DES shall take action upon receipt of a report of suspected cases of the abuse, neglect or self-neglect, or exploitation of an Elder by documenting any reported incident and notifying appropriate agencies.

(3) The DES shall work in conjunction with other appropriate agencies in the delivery of Elder protection services.

(4) The DES shall develop and establish appropriate procedures and/or MOA's with appropriate agencies to implement this Code.