STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK FILE NUMBERS: 02SP 524 03 E 119

***************************************** IN THE MATTER OF: TODD WILSON SHORT, Incompetent ) ) )

***************************************** MOTION IN THE CAUSE FOR CONTINUANCE ***************************************** TO THE CLERK OF SUPERIOR COURT: NOW COMES Robyn Short Morris, Interested Person, pursuant to North Carolina General Statue 35A-1207, and in accordance with North Carolina General Statue 1A-A, Rule 5 and requests a continuance be granted in the upcoming hearing scheduled to be heard on October 27, 2011 at 10:30 a.m., for the following reasons: 1. Victor Garlock, the Incompetents Guardian of the Estate, filed a Motion to

Modify Guardianship of the Incompetent on October 6, 2011. The motion requested the Incompetents competency be restored. 2. I received notification of said hearing on October 7, 2011 as an Interested Person,

and I have concerns as to the timing of said Motion to Modify, as well as to the Restoration Hearing itself.

3.

As the Incompetents sister, and even as a layperson, I feel I am in a better

position to question whether the Incompetent is of mental stability warranting his competency be restored at this time. 4. The Incompetent has lived in my home since December 2010, and I interact with

him daily. I have firsthand knowledge, that over the last few months he has become highly agitated with increased paranoia. At times, his logic and reasoning are questionable. To be frankly honest, I do have some concerns this Court should take into consideration. 5. Upon information and belief, Victor Garlock, Guardian of the Estate, and Hope

for the Future, Inc., Guardian of the Person has not reviewed any of the Incompetents mental health records, nor have they spoken to the Incompetents therapist, and/or psychiatrist regarding their expert opinion as to whether they believe the Incompetents competency should be restored at this time. 6. Upon information and belief, both Guardians intend to introduce their own

testimony at the restoration hearing as to why they feel the Incompetents competency should be restored. However, to the best of my knowledge, the Guardians have not interviewed members of the medical community who interact with the Incompetent, nor have they spoken with those who interact with him daily, including me, is this not questionable. 7. Upon information and belief, determination of Incompetents competency will

also be based on the Multidisciplinary Evaluation conducted in January 2011, over eight months ago. Is this evaluation still accurate since the Incompetents mental health has, in my opinion, deteriorated since this evaluation? One must question that if, in fact, the

Incompetents mental state has improved, why have his anti-psychotic medications been increased over the last few months? 8. I strongly feel a continuation is needed at this time in order to ascertain the true

mental health picture of the Incompetent. 9. Since the Incompetent has terminated his relationship with Parkway Behavioral

Health where he was receiving mental health treatment, and since he is now scheduled to obtain mental health treatment with ResCare. I feel it would be prudent, to at the least, reschedule the upcoming Restoration Hearing until the Court and/or the Guardians can obtain a current assessment rendered by ResCare. WHEREFORE, PREMISES CONSIDERED. This Interested Person prays that the Court grants my request for a continuance until November 10, 2011 in the above cause.

Submitted this the 12th day of October 2011. Respectfully submitted, ______________________________ Robyn Short Morris Interested Person 53 Grindstaff Drive Asheville, North Carolina 28803 Telephone (828) 418-1123

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing motion for continuance was served on individuals and/or agencies listed below by deposit in the United States mail, first-class and postage prepaid and via facsimile transmission. On this date: October 12, 2011 ___________________________________________ Robyn Morris Interested Person

Victor Garlock Attorney at Law Guardian of the Estate 1 Botany Drive Asheville, North Carolina 28805-1607 Cindy Wolff Director Hope for the Future, Inc. Guardian of the Person Post Office Box 672 Weaverville, North Carolina 28787 Ted Short, Sr. 259 Narrows Road Coldwater, Michigan 39036 Shirley Tressie 27907 Joseph Road Hockley, Texas 77447 Ted Short, Jr. 2 Heritage Ct. Coldwater, Michigan 49036 Cynthia Alleman P.O. Box 276 Asheville, North Carolina 28802 Todd W. Short 53 Grindstaff Drive Asheville, North Carolina 28803