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U.S. Code as of:
01/19/04
Section 564n. Protection of minors, persons non compos mentis, and other members needing assistance; guardians; other adequate means; trusts; annuities; assistance factors; contests
Prior to the transfer of title to, or the removal of restrictions
from, property in accordance with the provisions of this
subchapter, the Secretary shall protect the rights of members of
the tribe who are minors, non compos mentis, or in the opinion of
the Secretary in need of assistance in conducting their affairs, by
causing the appointment of guardians for such members in courts of
competent jurisdiction, or by such other means as he may deem
adequate, without application from the member, including but not
limited to the creation of a trust of such member's property with a
trustee selected by the Secretary, or the purchase by the Secretary
of an annuity for such member: Provided, however, That no member
shall be declared to be in need of assistance in conducting his
affairs unless the Secretary determines that such member does not
have sufficient ability, knowledge, experience, and judgment to
enable him to manage his business affairs, including the
administration, use, investment, and disposition of any property
turned over to such member and the income and proceeds therefrom,
with such reasonable degree of prudence and wisdom as will be apt
to prevent him from losing such property or the benefits thereof:
Provided further, That any member determined by the Secretary to be
in need of assistance in conducting his affairs may, within one
hundred and twenty days after receipt of written notice of such
secretarial determination, contest the secretarial determination in
any naturalization court for the area in which said member resides
by filing therein a petition having that purpose; the burden shall
thereupon devolve upon the Secretary to show cause why such member
should not conduct his own affairs, and the decision of such court
shall be final and conclusive with respect to the affected member's
conduct of his affairs.
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