A. An elder, the elder’s family and caretaker shall be informed about an elder abuse investigation before it begins unless an emergency exists, in which case, they shall be informed as soon as possible, but no later than seventy-two (72) hours after the investigation begins.

B. An elder may refuse to accept protection services even if there is good cause to believe that the elder has been or is being abused; provided, that the elder is able to care for himself or herself and/or has the capacity to understand the nature of the services offered.

C. The elder’s family or caretaker may refuse for themselves, but not for the elder, elder protection services offered pursuant to this code.

D. An elder, the elder’s family or caretaker may refuse to allow an investigator into their home and the investigator shall so inform the elder, the elder’s family and caretaker of this right and the right of the investigator to seek a warrant before making entry.

E. The investigator shall inform the elder’s family and caretaker of their rights as allowed by the Indian Civil Rights Act, whenever it appears that the investigation may lead to criminal charges being filed under this code.

F. The elder, elder’s family and caretaker shall be served personally with such a petition filed pursuant to this code.

G. The elder, elder’s family and caretaker have the right to attend any proceeding pertaining to the determination of the elder’s capacity and the elder shall be present at all proceedings unless the Court determines the elder’s health would be at risk at such proceeding.

H. The elder, elder’s family and caretaker have the right to be represented by counsel at all proceedings (at their own expense, unless provided for in other provisions of law).

I. The elder, elder’s family and caretaker have the right to seek independent medical, psychological, or psychiatric evaluation of the elder (at their own expense).