Guardianship Cause 90C01-1305-GU-000009
June 14, 2013
IN THE WELLS CIRCUIT COURT
IN THE MATTER OF )
THE GUARDIANSHIP OF )
LIAM MARCUS CUSHING, )
A MINOR )
TO: MICHAEL ST. CLAIR
NOTICE OF FILING OF
PETITION FOR APPOINTMENT OF GUARDIAN AND
On the 22nd day of July, 2013, at 2:00 P.M in the Wells Circuit Court, Bluffton, Indiana, a hearing will be held to determine whether a Guardian should be appointed for LIAM MARCUS CUSHING. The purpose of this proceeding is to protect LIAM MARCUS CUSHING. A copy of the Petition requesting appointment of a Guardian is attached to this notice. At the hearing the Court will determine whether LIAM MARCUS CUSHING is an incapacitated person under Indiana law.
If the Court finds that LIAM MARCUS CUSHING is an incapacitated person, the Court at the hearing shall also consider whether LUANN BLACK should be appointed as Guardian of LIAM MARCUS CUSHING. 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 LIAM MARCUS CUSHING to retain control over certain property and activities. The Court may also determine whether a protective order should be entered on behalf of LIAM MARCUS CUSHING.
LIAM MARCUS CUSHING may attend the hearing and be represented by an attorney. The Petition may be heard and determined in the absence of LIAM MARCUS CUSHING if the Court determines that the presence of LIAM MARCUS CUSHING is not required. If LIAM MARCUS CUSHING attends the hearing, opposes the Petition, and is not represented by an attorney, the Court may appoint an attorney to represent LIAM MARCUS CUSHING. The Court may, where required, appoint a guardian ad litem to represent LIAM MARCUS CUSHING 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.
WELLS CIRCUIT COURT
PETITION FOR APPOINTMENT OF GUARDIAN OVER
Comes now LUANN BLACK and states as follows:
1. That LIAM MARCUS CUSHING is a male, 5 years old, born the 13th day of May, 2008, and he is presently residing at 320 West Dustman Road, Apartment 17, Bluffton, Wells County, Indiana 46714.
2. That the Petitioner is an adult person, and resides at 333 West Burns Boulevard, Fort Wayne, Allen County, Indiana 46807, and is the maternal grandmother of the minor.
3. That the nature of the incapacity of LIAM MARCUS CUSHING is that he has not reached the age of majority whereby he by law can fully handle his financial matters or care for himself.
4. That the minor does not own any real or personal property.
5. That there is no Guardian for the minor in this state or in any other state.
6. That the persons most closely related by blood to the minor is the mother, CYNTHIA REYNOLDS, 320 West Dustman Road, Apartment 17, Bluffton, Indiana 46714, and the father, MICHAEL ST. CLAIR, whose whereabouts is unknown. That the mother, CYNTHIA REYNOLDS has consented to the appointment of the Petitioner as Guardian as exhibited by her consent attached hereto and made a part of this Petition.
7. That the person who has the care and custody of the minor for the last sixty (60) days is CYNTHIA REYNOLDS, 320 West Dustman Road, Apartment 17, Bluffton, Indiana 46714.
8. That the Petitioner herein is not the legally appointed Guardian of any other person in this or any other state.
9. That the need exists for the appointment of a Guardian of the minor so that the minor can be cared for and the assets of the minor be supervised and preserved for his behalf and benefit.
10. That the name and address of the attorney representing the Petitioner is Gregory K. Waters, Suite 3, 201 Market Place, P.O. Box 261, Bluffton, Indiana 46714.
WHEREFORE, the Petitioner prays the Court to enter an order finding:
1. That the minor, LIAM MARCUS CUSHING, is incompetent to take care of his estate and his person due to the minor’s minority.
2. That a Guardian needs to be appointed over LIAM MARCUS CUSHING.
3. That the Petitioner herein is a suitable person to be appointed Guardian of LIAM MARCUS CUSHING.
4. That all necessary parties to the proceedings have either given their consent or will be notified according to the notice provisions under law, as to the appointment of a Guardian of LIAM MARCUS CUSHING.
5. That upon the hearing of evidence on the Petition, the Petitioner, pursuant to Indiana Law, be appointed Guardian of LIAM MARCUS CUSHING.
6. That the Petitioner herein be allowed to serve as the Guardian without posting bond and that the Petitioner be required to take an oath as the Guardian.
7. And for all other just and proper relief in the premises.
I affirm under the penalties for perjury, that the foregoing representations are true.
GREGORY K. WATERS
ATTORNEY AT LAW
SUITE 3, 201 MARKET PLACE
P.O. BOX 261
BLUFFTON, INDIANA 46714
nb 6/8, 6/15, 6/22