What Did BM Ask SM's Father to Sign? Gdn'ship Dox or ??? When?
IN Gdn'ship statute sec 1. (a)(4)(A)* requires petitioner (BM) to serve notice to ppl in red text, including
spouse, adult children, or if none, the alleged incap persons' parents. Obviously BM did not have to give notice to self. Next to receive notice is adult dau. (older dau, MM#1), who signed & filed a waiver of further notice, per court docket info. BM is required to serve notice of alleged incap'ed person's (only surviving) parent (Gene M) only if there is no spouse or adult children.
Sooo, azz-uming the above interp is accurate (Welcoming clarification, correction, esp'ly from legal pro's)----
Q1. Did the dox BM asked SM's Father to sign actually relate to gdnship? If so, was GM's siggy required?
Q2. If not re gdnship, did dox relate to a new or old (hypo?) trust SM's parents estab'ed to benefit SM Or?
Q3. Was phone convo, described in Dr Phil clip below** before or after BM consulted IN atty re IN guardianship?
If after, then seems BM would already have been advised GM was not required to be served notice. So why ask?
Q4. And does above conflict directly w MSM stating early June that a relative of SM said the damily was not aware of the guardianship filing? Was MSM's contact w Father GM, Brother AM, or other relative?
Q5. If so, regardless of the relative's identity, was there misinterpretation, miscommunication. or flawed memory on anyone's part?
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* IC 29-3-6-1 Notice of petition and hearing; persons to whom notice must be given; waiver of notice
Sec. 1. (a) When a petition for appointment of a guardian or for the issuance of a protective order is filed with the court, notice of the petition and the hearing on the petition shall be given by first class postage prepaid mail as follows: [for minors, so n/a]
(4) If it is alleged that the person is an incapacitated person, notice of the petition and the hearing on the petition shall be given to the following persons whose whereabouts can be determined upon reasonable inquiry:
(A) The alleged incapacitated person, the alleged incapacitated person's spouse, and the alleged incapacitated person's adult children, or if none, the alleged incapacitated person's parents.
(B) Any person who is serving as a guardian for, or who has the care and custody of, the alleged incapacitated person.
(C) In case no person other than the incapacitated person is notified under clause (A), at least one (1) of the persons most closely related by blood or marriage to the alleged incapacitated person.
(D) Any person known to the petitioner to be serving as the alleged incapacitated person's attorney-in-fact under a durable power of attorney.
(E) Any other person that the court directs. bbm
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** From today's promo vid clip, Dr Phil w P/Evil hosts (at three dots... 'open transcript' starting at 04:03)
"One of the most disturbing things
I think that we uncovered pretty early
was this conversation that her husband had had
with Andy's father, Jean. [sic: should be Gene]
And you know,
this is an 87 year old man who's suffering from cancer
and he gets a phone call from his son-in-law
and he's basically said,
what was told to me
was that, "I loved your daughter
and I need you to sign some papers."
And basically it was the guardianship
and Jean essentially said,
"What do you mean you loved my daughter?
Where is she?
We're gonna find her."
And, "No I'm not signing any paperwork." bbm