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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36960
Experience:  30 years in civil, probate, real estate, elder law
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I need to submit emergency hearing to the judge in Probate

Customer Question

I need to submit for an emergency hearing to the judge in Probate court in Indianapolis, IN. My mother's guardian is submitting false behavioral histories to my mother's newly appointed physician in order to obtain a medical report stating my mother cannot appear in court for a hearing regarding my sister, now her new guardian, who are attempting to force my mother into institutionalization in order to set up trusts with her remaining assets against her will. This occurred last year without any mitigating history or physician referrals (in July 2014) via Witham Hospital and transfer to American Village by my sister and brother in law giving a false medical history when Mom stated to my sister she better stop stealing from her (which she was) or she was going to "put her in the bellywagon".
The above event by which my sister, a nurse and brother in law, a pediatrician, resulted in immediate stripping of Mom's HIPPA rights based on the trusting physicians believing their false medical history when taking Mom against her will to Witham. I have evidentuary documentation that will dispute their allegations and proof of the theft that was occurring . Based on my sister's verbal allegations and while pretending she was an only child and had been caring for my mother, which was not the case, she did not list me as a family member nor give me HIPPA clearance while admitting my mother against her will based soley on the false allegations. My sister then seized my mother's bank accounts and drilled into Mom's bank safe deposit box while denying such an act occurred. I was able to get Mom home, but my sister in turn isolated and began overmedicating my mother on the drug Seraquel and other unknown sedatives this past year in order to make Mom appear incapacitated (or more incapacitated) and established a DNR status against Mom's wishes. I have a massive collection of documentation, witness accounts and audiotapes showing what was happening. However, I have been unable to get the attorneys I hired to act as it is a small community, and I was told by all they did not want to jeopardize their standing with the guardian ad litem and her appointed replacement as both are associated with all guardianship cases, are involved in their connections with APS, and have been aggressive in their attempts to cover up what my sister was doing out of respect to the institutions that inadvertently stripped Mom of her HIPPA rights and forced her into insitutionalism last year.
I would like to overnight a request for an emergency hearing tonight to the Clerk of Marion County Superior court B as Mom just informed me that a second physician's appointment is scheduled for tomorrow. The original one was last week, and I flew down to attend this appointment with Mom last Monday with permission of the Court, but the guardian called me and threatened me she would restrain me from ever seeing my mother again if I attempt to attend any of Mom's appointments or speak with any physician and/or attempt to dispute her support of my sister's false submitted behavioral histories in order to justify her emergency guardianship appointment after the fact and without me ever being served.
I dropped off some documents for rebuttal in anticipation of what the guardian was going to state as a behavioral history to the physician last week, filed a motion to compel, but forgot to file the last page for the judge to sign off. The clerks were extremely helpful and I was told to look up on the internet and file a request for an emergency hearing at the clerks' office. I returned to NY and was going to do it this week. However, now that I discovered that there is another physician appointment scheduled for tomorrow of what I think is the guardian requesting the physician to fill out form 413.3 based on her false behavioral history, I would like to file the request an emergency hearing before this guardian turns in her physician Form 413.3 and dispute her false reporting. I have videotapes, witness accounts and documents that need be reviewed before anyone evaluates what Sara and this guardian are stating. (Mom has considerable money which was in the process of being converted into trusts against Mom's will when Mom called me from Witham telling me what was happening when I came into the scene).
Is there a form template I can fill out and overnight before 5 tonight?
- Dr. Elizabeth Barra
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Here there is no template.I suggest a letter addressed to the judge here.You can fax it in to get it there faster.The letter should set out the facts and your request for an emergency hearing.

I would also include the threats as well.I find these to be extremely wrong for the other parties to threaten to cut you off because you have a different view of all of this.

Something like this..

Honorable ***** *****

Address

Re: Guardianship of ***** *****

Dear Judge Smith,

I am writing you concerning the guardianship of my mother, ***** *****.I am deeply concerned about the events to date.Namely the other party,.......

I am asking for an emergency hearing on this matter so that I may speak and testify and set out my concerns on the record.I have other additional evidence and witnesses tp [resent and I am asking the court after hearing this matter to issue orders as follows...

Set out what you want here..

I would appreciate you notifying me of the scheduling of an emergency hearing on t his matter so that I may travel to .. and present you credible information on these issues and seek relief from the court..

Sincerely yours,

Something like this to set out your side of this and get a hearing on the matter.

Feel free to modify this to your facts it is just a sample.

I appreciate the chance to help you today.I am so sorry that you are having to go through all of this.

Expert:  Ray replied 1 year ago.

I am not set up for phone calls but can do extended chat here.I will send you the offer.

Expert:  Ray replied 1 year ago.

Be happy to chat with you online, again not yet set up for phone calls.Thanks again.

Expert:  Ray replied 1 year ago.

Here are forms this is as close to what you are asking for here as there is.

http://www.madisoncty.com/Clerk%20Probate%20Forms/ADULT_TEMPORARY_PETITION.pdf

You can also do it by letter or both if you prefer.The letter merely sets out your position that your motion would do as well.

Thanks again.

Expert:  Ray replied 1 year ago.

And again if you do additional services be happy to extend this conversation.