^^
rsbbm
Actually, it seems to me that Judge Casati's has given investigators about 90 days after BM filed an emergency petition for guardianship (granted prior to the June 6 real estate closing date) to provide information to disqualify BM as guardian for SM.
Relative to notice, pursuant to IC 29-3-3-4(a), no guardian of an adult shall be appointed or protective order entered
without notice except upon verified allegations that delay may result in immediate and irreparable injury to the person or loss or damage to the property.
Initially, I believed BM relied upon the exception in IC 29-3-3-4(a) to waive any notices required for his emergency petition for guardianship, and why the Moorman's were left in the dark about the petition for guardianship by BM.
Nonetheless, please take note IC § 29-3-6-1(a)(4) does provide for notice to the incapacitated person's parents --if BM and the adult Morphew daughter are not. SM's father, Mr. Moorman, is present to receive notice from the court.
@lamlawindy provides that Judge Casati cannot delay the guardianship proceeding indefinitely. However, the required Notice pursuant to IC 29-3-3-4(a) also states:
The court may, on its own motion or on request of any interested person, postpone the hearing to another date and time.
At this time, I think it equally important that whenever the hearing held, SM should be represented by her own Attorney at her guardianship hearing held in her absence.
I presume the court would have to provide an attorney for SM in her absence, right? Appoint a guardian ad litem for the hearing?
We don't know if the prior notice waived for the guardianship petition but I want to believe that SM's daughter would support SM's interests protected at her guardianship hearing just as she confirmed BM as SM's guardian.
More specifically, from
Sec. 2 . A copy of the petition shall be attached to the notice, and the notice must be in substantially the following form:
NOTICE
TO: (name and address of person receiving notice)
On (date of hearing) at (time of hearing) in (place of hearing) at (city), Indiana, the (name and address of court) will hold a hearing to determine whether a guardian should be appointed or a protective order should be issued for (name of alleged incapacitated person or minor). A copy of the petition requesting appointment of a guardian or for the issuance of a protective order is attached to this notice.
At the hearing the court will determine whether (name of alleged incapacitated person or minor) is an incapacitated person or minor under Indiana law. This proceeding may substantially affect the rights of (name of alleged incapacitated person or minor).
If the court finds that (name of alleged incapacitated person or minor) is an incapacitated person or minor, the court at the hearing shall also consider whether (name of proposed guardian, if any) should be appointed as guardian of (name of alleged incapacitated person or minor). The court may, in its discretion, appoint some other qualified person as guardian. The court may also, in its discretion, limit the powers and duties of the guardian to allow (name of alleged incapacitated person or minor) to retain control over certain property and activities. The court may also determine whether a protective order should be entered on behalf of (name of alleged incapacitated person or minor).
(Name of alleged incapacitated person) may attend the hearing and be represented by an attorney. The petition may be heard and determined in the absence of (name of alleged incapacitated person) if the court determines that the presence of (name of alleged incapacitated person) is not required. If (name of alleged incapacitated person) attends the hearing, opposes the petition, and is not represented by an attorney, the court may appoint an attorney to represent (name of alleged incapacitated person). The court may, where required, appoint a guardian ad litem to represent (name of alleged incapacitated person or minor) at the hearing.
The court may, on its own motion or on request of any interested person, postpone the hearing to another date and time.
_________________________________
(signature of clerk of the court)
Probate Rules | Hamilton County, IN
Indiana Code Title 29. Probate § 29-3-6-2 | FindLaw