GUARDIANSHIP OF CAUSE NO. 90C01-1309-GU-000013

September 28, 2013

IN THE WELLS CIRCUIT COURT
IN THE MATTER OF THE  )
GUARDIANSHIP OF  )
CAUSE NO.
90C01-1309-GU-000013
REESE SIERRA NICHOLE )
GEHRETT,  )
A MINOR  )
NOTICE OF FILING OF
PETITION FOR APPOINTMENT OF GUARDIAN AND
HEARING THEREON
TO: LOUIS R. GEHRETT
On the 20th day of November, 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 Reese Sierra Nichole Gehrett. The purpose of this proceeding is to protect Reese Sierra Nichole Gehrett. A copy of the Petition requesting appointment of a Guardian is attached to this notice. At the hearing the Court will determine whether Reese Sierra Nichole Gehrett is an incapacitated person under Indiana law.
If the Court finds that Reese Sierra Nichole Gehrett is an incapacitated person, the Court at the hearing shall also consider whether Michael W. Richardson and Rhonda G. Johnson should be appointed as Guardian of Reese Sierra Nichole Gehrett. 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 Reese Sierra Nichole Gehrett to retain control over certain property and activities. The Court may also determine whether a protective order should be entered on behalf of Reese Sierra Nichole Gehrett.
Reese Sierra Nichole Gehrett may attend the hearing and be represented by an attorney. The Petition may be heard and determined in the absence of Reese Sierra Nichole Gehrett if the Court determines that the presence of Reese Sierra Nichole Gehrett is required. If Reese Sierra Nichole Gehrett attends the hearing, opposes the Petition, and is not represented by an attorney, the Court may appoint an attorney to represent Reese Sierra Nichole Gehrett. The Court may, where required, appoint a guardian ad litem to represent Reese Sierra Nichole Gehrett 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.
Yvette Runkle
CLERK,
WELLS CIRCUIT COURT
PETITION FOR APPOINTMENT OF GUARDIANS OVER
INCOMPETENT MINOR
Come now MICHAEL W. RICHARDSON and RHONDA G. JOHNSON and state as follows:
1. That REESE SIERRA NICHOLE GEHRETT is a female, 4 years old, born the 2nd day of October, 2008, and she is presently residing at 1025 West Cherry Street, Bluffton, Wells County, Indiana 46714.
2. That the Petitioners are adult persons, and reside at 1025 West Cherry Street, Bluffton, Wells County, Indiana 46714, and are the maternal grandparents of the minor.
3. That the nature of the incapacity of REESE SIERRA NICHOLE GEHRETT is that she has not reached the age of majority whereby she by law can fully handle her financial matters or care for herself.
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, TRISHA R. GEHRETT, who is currently serving a criminal sentence in the Wells County Jail, and the father, LOUIS R. GEHRETT, who whereabouts is unknown and has a warrant for his arrest by the police authorities in Wells County, Indiana. That the mother has consented to the appointment of the Petitioners as Guardians 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 are the Petitioners.
8. That the Petitioners herein are not the legally appointed Guardians 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 her behalf and benefit.
10. That the name and address of the attorney representing the Petitioners are Gregory K. Waters, Suite 3, 201 Market Place, P.O. Box 261, Bluffton, Indiana 46714.
WHEREFORE, the Petitioners pray the Court to enter an order finding:
1. That the minor, REESE SIERRA NICHOLE GEHRETT, is incompetent to take care of her estate and her person due to the minor’s minority.
2. That Guardians need to be appointed over REESE SIERRA NICHOLE GEHRETT.
3. That the Petitioners herein are suitable persons to be appointed Guardians of REESE SIERRA NICHOLE GEHRETT.
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 Guardians of REESE SIERRA NICHOLE GEHRETT.
5. That upon the hearing of evidence on the Petition, the Petitioner, pursuant to Indiana Law, be appointed Guardians of REESE SIERRA NICHOLE GEHRETT.
6. That the Petitioners herein be allowed to serve as the Guardians without posting bond and that the Petitioners be required to take oaths as the Guardians.
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.
MICHAEL W. RICHARDSON,
Petitioner
RHONDA G. JOHNSON,
Petitioner
GREGORY K. WATERS
ATTORNEY AT LAW
SUITE 3, 201 MARKET PLACE
P.O. BOX 261
BLUFFTON, INDIANA 46714
260/824-2866
WAIVER OF NOTICE OF
HEARING AND CONSENT TO THE APPOINTMENT OF
GUARDIAN BY RELATIVE OF PROSPECTIVE MINOR
Comes now TRISHA R. GEHRETT and states that she is an adult and the mother of the minor, REESE SIERRA NICHOLE GEHRETT, and consents as the prospective ward’s mother to the appointment of MICHAEL W. RICHARDSON and RHONDA G. JOHNSON as Guardians over REESE SIERRA NICHOLE GEHRETT, and hereby expressly waives service of Notice of Hearing on the Petition.
I affirm under the penalties for perjury, that the foregoing representations are true.
TRISHA R. GEHRETT
nb 9/28, 10/5, 10/12
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