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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Mar 17 2009, 9:15 am
of the supreme court, court of appeals and tax court

APPELLANTS PRO SE: ALISON E. CLAPP O'CALLAGHAN Bangor, Pennsylvania JENNIFER M. CLAPP SPIEGEL Chevy Chase, Maryland

CLERK

IN THE COURT OF APPEALS OF INDIANA
ALISON E. CLAPP O'CALLAGHAN and JENNIFER M. CLAPP SPIEGEL, Appellants, vs. IN RE TEMPORARY GUARDIANSHIP OF THORA M. MOULTON, an Adult, Appellee. ) ) ) ) ) ) ) ) ) ) )

No. 64A04-0809-CV-562

APPEAL FROM THE PORTER SUPERIOR COURT The Honorable Roger V. Bradford, Judge Cause No. 64D01-0802-GU-1651

March 17, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Alison E. Clapp O'Callaghan1 brings this pro se appeal of the trial court's order approving the guardians' final report and terminating the temporary guardianship of her late aunt, Thora M. Moulton. We affirm. FACTS On February 19, 2008, Attorney Donald J. Evans filed a verified petition for the appointment of a temporary guardian over the person and estate of Thora M. Moulton, alleging that Moulton was "unable to maintain and care for her person or financial affairs" and "require[d] twenty-four hour, seven day a week care." (App. 39). A

statement from a physician attesting to the latter allegation was submitted with the petition. That same day, the trial court found "that an emergency exist[ed]" and that Moulton's "welfare . . . require[d] immediate action." (App. 46). It issued an order appointing Evans as temporary guardian of Moulton and her estate. On March 7, 2008, the trial court appointed a guardian ad litem to represent Moulton. On March 20, 2008, the guardian ad litem reported to the trial court on his personal meeting with Moulton and his review of relevant circumstances. The guardian ad litem recommended that Evans be appointed guardian of her person and that 1st Source Bank ("the Bank") be appointed guardian of her estate.2

O'Callaghan states in her brief that she and her "twin sister, Jennifer M. Clapp Spiegel" are "Appellants." Br. at 1. However, the brief contains only the original signature of O'Callaghan. Appellate rules require that the brief be signed. See Ind. Appellate Rule 23(E). Therefore, we consider only O'Callaghan to be the appellant in this matter.
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On April 1, 2008, Evans filed a petition seeking his replacement as temporary guardian over Moulton's estate. That same day, April 1, 2008, the trial court appointed the Bank as temporary guardian of Moulton's estate. On April 28, 2008, Moulton died. On May 22, 2008, a final report and petition to terminate the guardianship was filed by the Bank and Evans; and they served O'Callaghan therewith. Also on May 22, 2008, the trial court issued its order setting a hearing for June 27, 2008, on the guardians' final report and petition to terminate the guardianship. The trial court's order directed that the guardians' filing "be served on" O'Callaghan. (App. 139). A letter dated June 12, 2008, from the trial court to

O'Callaghan advised her that "a hearing via telephone conference" was not possible and "urge[d] [her] to attend in person or by counsel." (App. 185(a)). At the outset of the hearing on June 27, 2008, the trial court noted that "Ms. Moulton's nieces" had been "advised that they needed to be here" if they objected to the petition, and "they're not here." (App. 22). Evidence was heard, and at the conclusion of the hearing, the trial court noted the statutory provision whereby "the guardianship

In his March 30, 2008 report, the guardian ad litem noted that he had been "informed that the nieces of [Moulton], Alison O'Callaghan and Jennifer Spiegel, possess health care power of attorney as well as financial power of attorney." (App. 83). Accordingly, the report continued, "in the event" that the nieces decide to help coordinate the move of [Moulton] to Pennsylvania, help in finding a suitable assisted living arrangement for [Moulton] in Pennsylvania, and agree to be involved in her everyday medical and personal care, if such takes place and [Moulton] is moved to Pennsylvania, then Donald Evans should be discharged as Guardian of the Person and First Source Bank of Valparaiso, Valparaiso, Indiana should be discharged as Guardian of the Estate, and the assets transferred to the nieces . . . either (a) in their capacities as her Attorneys-in-fact, or (b) as Co-Guardians of her person and estate under a guardianship created under Pennsylvania law . . . ." Id.
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terminates upon the death of the protected person." (App. 35). See Ind. Code

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