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HomeMy WebLinkAbout01-17-07 IN RE: EDNA S. CHASE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION an alleged incapacitated person : NO. 21-06-1003 ,.....:> c.:> (:.;;.:l --l --J (- -) On the Petition of Deborah McHugh -C) " '-' ---1 FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN (,) -- ...{- 0' AND NOW, this _,-f'daYOf ~ ,2007, a hearing in this case having been held on January 17, 2007 and it appearing to the Court that EDNA S. CHASE was served with a Citation and Notice of this hearing on December 22, 2006, and the Court finds that the physical or mental condition of EDNA S. CHASE would be harmed by her presence at the hearing, and further finds from the testimony: 1. That EDNA S. CHASE suffers from senile dementia, Alzheimer's type, a condition which totally impairs her capacity to receive and evaluate information effectively and to make and communicate decisions concerning her management" of financial affairs or to meet essential requirements for her physical health and safety. 2. That there are insufficient supports available to assist EDNA S. CHASE in such decisions and that there exists no other less restrictive alternative mechanism for decision-making. 3. That based on the total incapacity of EDNA S. CHASE to receive and evaluate information and to make or communicate decisions, a plenary Guardian of the Person and a plenary Guardian of the Estate are required on a permanent basis. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it is ORDERED, ADJUDGED and DECREED that EDNA S. CHASE be and is hereby adjudged a totally incapacitated person and Deborah McHugh is appointed Plenary Permanent Guardian ofthe Person and Estate. As Plenary Permanent Guardian of the Person, Deborah McHugh has the authority to access all EDNA S. CHASE's medical records, including but not limited to psychiatric records, and to make all decisions regarding medical treatment and life support. As Plenary Permanent Guardian ofthe Estate, Deborah McHugh will be responsible for managing EDNA S. CHASE's financial affairs in her capacity as Guardian, as set forth under the Probate, Estates and Fiduciary Code, 20 Pa. C.S. S550l et seq. The Guardian will have all powers stated thereunder as are necessary to manage EDNA S. CHASE's personal and financial affairs, and specifically the Guardian will have the power to manage EDNA S. CHASE'S IRA, any and all securities, mutual fund accounts, money markets, certificates of deposits, including cashing out or withdrawing any funds and changing beneficiary designations. The Guardian will further have the power to apply for and co-sign any loan or mortgage relating to the property located at 242 E. Union Boulevard, Bethlehem, Pennsylvania 18018 on behalf of EDNA S. CHASE. An Inventory must be filed within ninety (90) days. A report by the Guardian shall be filed within 12 months and annually thereafter. EDNA S. CHASE, an incapacitated person, has the right to appeal this Order of Court by filing exceptions within ten (10) days ofthis date or to petition this Court for a review hearing to modify or terminate the guardianship herein established. If EDNA S. CHASE was not present at this hearing on appointment of a guardian then petitioner shall serve upon and read to EDNA S. CHASE the Statement of Rights, a copy of which is Attached to this Order as Exhibit "A", and file proof of such se rv.....ic.e Wl')O rt 'th' t d . ,,/ U WI m en ays. /BY THE COU&T: c~ ~~1tJ~ Q . 14i/tj . ~. J. IN RE: EDNA S. CHASE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION an alleged incapacitated person : NO. 21-06-1003 On the Petition of Deborah McHugh STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAP ACIT A TED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOu. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PROVIDED AT NO COST TO YOU. Exhibit A ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF 111 Re: EDNA S. CHASE AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-1003 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 01/17/2007 JUDGE'S INITIALS: EEG TIME STAMP DATE: 01/17/07 IN RE: FINAL DECREE ",....",." """""""""""""""""""""""""""""""""""""""""..""""""""""""" SERVICE TO: JACQUELINE KELLY VICTORIA J SWEET RODNEY CHASE CYNTHIA L. HORAN ADMINISTRA TOR, THE GARDENS OF THE BRIDGES AT BENT CREEK METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR o HAND DELIVERED o OTHER_ ~ PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 0]/18/07 SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS o RRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: Deputy Clerk of Orphans' Court