§ 564n. — Protection of minors, persons non compos mentis, and other members needing assistance; guardians; other adequate means; trusts; annuities; assistance factors; contests.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC564n]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XIII--KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION
Sec. 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.
(Aug. 13, 1954, ch. 732, Sec. 15, 68 Stat. 722; Pub. L. 85-132,
Sec. 1(j), Aug. 14, 1957, 71 Stat. 348.)
Amendments
1957--Pub. L. 85-132 inserted provisions allowing Secretary to act
without application from member to create a trust or purchase an annuity
for such member, by setting out factors for determination by Secretary
before he declares a member to be in need of assistance, and by
providing for contest of such secretarial determination by member.
Section Referred to in Other Sections
This section is referred to in section 565a of this title.
