He had a court date today so I went and the courts cancelled it. I ask when he will go to court(he has been there for 3 months) and they tell us they don’t know.
I am going to go to the clerks office and see if I can get guardian.
We are in Albion In
Anything you can find out will help. Thank you so much
I have begged the judge but he shrugs his shoulder and tells me there are no beds
Susie, can you say which judge you asked? Was it the judge presiding over your grandson’s court case?
Let us know what the clerk’s office says.
I wish I could find more. All I can find is the same number you probably already called 1-800.790.0118 , but I would keep calling. It was about the fourth or fifth time we called our crisis line that my family member finally received the needed response.
If they cannot help you, keep them on the line until they tell you who can. In a super polite and kind way, do not let them hang up until you have a number to call during the day.
OK. The phone number for the circuit clerk is 260-636-2128
There is just the one judge. This same judge can hear your request for temporary emergency guardianship -unless one of the parties involved objects, then it is kicked up to the next higher court.
Your request does NOT have to be made by a lawyer, BUT it MUST be in writing.
Do I write straight to the judge and ask him if he will give temporary guardianship of my grandson. Also do I explain the situation to him as I’m sure he already knows since he is the judge we go in front of.
You should write why you believe your grandson needs you to be his temporary guardian. As Mom2 wrote, you have to prove in your writeup to the judge that your grandson cannot take care of himself or money. Give examples and dates. Before he can go to a state hospital you need the judge to civilly commit him if the crime of pushing mom isn’t enough for a criminal commitment. If you can eventually get the judge to grant a commitment to a state hospital, it could still take months of him waiting in jail before there is a bed for him.
What do you hope to gain with the guardianship? Do you just want to access to visually see your grandson? You have said he is dangerous and has threatened to kill all of you.
For inpatient treatment, a person must meet the following criteria in Indiana:
be a danger to self/others; or in danger of coming to harm because either:
they are unable to provide for food, clothing, shelter, or other essential human needs, or
they demonstrate substantial impairment or obvious deterioration that results in inability to function independently
I have not seen my grandson in over three months. The judge knows he is mentally ill but says there is no beds. Nobody will tell me anything because he is over 18. This judge has dealt with him for over 3 yrs and he knows how sick my grandson is. I have ask him to send him for help but he says his hands are tied because there is no beds. His court appointed lawyer won’t talk to us and he really does not care. I am so scared because it seems there is no help here. I have tried everything I can think of but no help. He is still sitting in jail because they don’t know what to do with him and he is not getting any help there.
The judge is probably correct that there are no beds currently available. If your grandson is committed by the judge, either civilly or criminally, to the state hospital, he will have to wait in jail for a bed to open up.
Even if the judge knows everything, your request must still be in writing and must say why it is necessary for you to be his guardian. His lawyer will have to talk to you if you are your grandson’s guardian.
Your request to the judge must be in writing.
I wrote to the judge and asked to petition the courts to get him a bed and I also petition to get temporary guardianship. I was told I needed an attorney. I said I did not and the judge says he wants to know where it is written that I do not need a lawyer. They said they are trying to get a bed. I have been waiting over three months so I guess I just sit and wait. My grandson’s attorney did tell me that my grandson is not doing good which leaves me a total mess because there is nothing I can do. All I can do now is pray. Thanks for listening to me.
I will get back on the phone tomorrow. - argh! Judges. Did you write your requests as two separate requests? I had only asked about the guardianship before.
Yes I wrote two different letters and of course they said they are looking for a bed and I cannot get temporary guardianship unless I have an attorney. I am getting so stressed from all this. I even broke down crying because I am so worried about him. His attorney did tell me they are trying to get a bed and also told me that my grandson was having a ruff time so that just made me cry harder. I feel like I’m gonna have a nervous breakdown. I wished I had the money to get a private attorney but I don’t. The only thing now is to wait to see if they do get him a bed. I’m sorry for rambling on. I’m just so upset.
Susie, the judge has accepted your request for temporary guardianship as a filing. It has been sent down to the clerk’s desk as you now need to pay a filing fee of $157.00 It does not require an attorney. They had it presented to the judge without a filing fee to save you the money in case the judge would not accept it. To proceed forward you now need to pay the filing fee.
Is there Legal Aid where you live to help walk you through this? Along with @hope’s excellent help?
what happened i dont understand because when I was there they said I needed an attorney I am so happy that I can. How was you able to find out tthey didn’t tell me anything. I really appreciate all the help that you have given me thank you from the bottom of my heart
Susie’s location is a lot like here in rural Texas, there isn’t much the judge can do to speed things along. Sadly, it’s not unusual at all for our family members to end up sitting in jails untreated for months while waiting for transfers.
From what she has written, it sounds like her grandson is refusing to see family members. She just wants to see him in the jail and make sure he is okay and let him know she loves him. I hope it’s not a waste of $157. It’s an easy request to just say no, but maybe the judge will just allow her to have the visit.