04-27-B IN RE: PROBATE AND GUARDIANSHIP – FILING OF SEPARATE GUARDIANSHIP CASES FOR MULTIPLE INDIVIDUALS IN THE SAME FAMILY - ORDERED 8/4/2004 BY JAMES E.C. PERRY
WHEREAS, there are occasions in which petitioners in guardianship cases seek to have a guardian appointed for more than one individual in the same family, particularly in cases in which a guardian must be appointed for more than one minor based on facts common to the minors; and WHEREAS, confusion on the part of the Clerk and the Court often results from having multiple wards in a single case because (a) only one of the wards may be the subject of certain motions and orders; (b) because the wards must often be treated differently because of their individual circumstances; (c) the guardianship as to one ward may be terminated at a different time than the guardianship for the remaining wards; and (d) for other similar reasons; and WHEREAS, the Clerk has requested appropriate authority from the Court to require that a separate guardianship proceeding be opened for each prospective ward in such situations; and WHEREAS the Court finds that efficient administration of justice requires separate guardianship cases to be filed under such circumstances.
NOW, THEREFORE, it is ORDERED:
- In those cases, in which Petitions for Appointment of a Guardian are filed for more than one member of the same family, a separate petition shall be required for each prospective ward and a separate guardianship file shall be opened for each prospective ward.
- Nothing in this order shall preclude or prevent the presiding judge of the guardianship division from coordinating hearings in such separately filed cases so that issues common to such cases within a single family can be heard and resolved in a single hearing.
DONE AND ORDERED This 4th day of August 2004.