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Home My WebLink About94-00276 (1 . . IN THE MATTER OF I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA . I ORPHANS' COURT DIVISION I DAVID MILLER, An Alleqed Incompetent 94-276 ORPHANS COURT PETITION FOR GUARDIANSHIP BEFORE OLER. J. ORDER OF COUlIT AND NOW, this 13th day of April, 1994, upon IN REI consideration of the Petition for Appointment of a Temporary Guardian of the Person Pursuant to 20 Pat C.S.A. 5513, and following a hearinq held at the Cumberland County Courthouse at whioh the allegedly incapacitated person was present, David Miller is adjudicated an incapacitated person, and his father, Paul A. Miller, is appointed t~mporary partial guardian of his person for the pur.pose of executing a "2176 Waiver" and effecting his son's admission into the HAP, Incorporated, residental placement program. This appointment shall expire following the accomplishment of those two services. No bond shall be required of the guardian. Notice is hereby provided in person to David Miller of his right to appeal and to petition to modify or terminate the guardiansi:ip. By the court, /-. . I / , J. Miller's ability to receive anrl evaluate information and communicate decisions has been impaired to such a significant extent that he is unable to meet essential requirements for his physical health and safety in the form of deciding whether to execute a "2176 Waiver" for purposes of federal funding, and entering the HAP, Incorporated, residental placement program. Mr. Miller's condition has impaired his capacity to make and communioate decisions. 5. Guardianship services are necessary for Mr. Miller notwithstanding personal assistance which he receives from his supportive family and from services provided by the county. 6. Based on the aforesaid condition of Mr. Miller and his lack of capacity to make and communicate decisions in the regard mentioned, a temporary and partial guardianship with respect to his person is required. 7. The duration of this guardianship will be until the guardian has executed the necessary "2176 Waiver" and secured Mr. Miller's entrance into the HAP, Incorporated, residental program, if the guardian feels that such measures are in the interest of his son. a. Pursuant to 20 Pa. C.S. Section 5512.1(B), it is found that Mr. Miller is partially incapacitated and in need of temporary partial guardianship services of the person. 9. The father of Mr. Miller is a person qualified under 20 Pa. C.S. section 551l(f) to serve as such guardian of his person. 10. The foregoing Findings of Fact are made on the basis of clear and oonvincing evidence. .DISCUSSION The provisions respecting adjudication of incompetenoy have recently been amended and are contained in 20 Pat C.S. sections 5501 et. sea. Petitioner has complied with these provisions, and based upon the foregoing Findings of Fact, the following Order of Court will be entered. ORDER OF COURT AND NOW, this 13th day of April, 1994, upon oonsideration of the Petition for Appointment of a Temporary Guardian of the Person Pursuant to 20 Pat C.S.A. 5513, and fOllowing a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person was present, David Miller is adjudicated an incapacitated person, and his father, Paul A. Miller, is appointed temporary partial guardian of his person for the purpose of executing a "2176 Waiver" and effecting his son's admission into the HAP, Incorporated, residental placement program. This appointment shall expire following the accomplishment of those two services. No bond shall be required of the guardian. Notice is hereby provided in person to David Miller of his right to appeal and to petition to modify or terminate the guardianship. " ",',1' .1 '.' " By the court, ,. , , " Isl J. Wesley ol'er. ~r. 'J. ., ROBERT .L. O'BRIEN,. ESqUIRE SOlicitor tor cumberland/Perry cumberlan~/Perry MH/MR " " 1 .. ,.' "j' , i .' " , , ,. ,. , .1 I, .. " ~ ; I , II " , " .' " '1 I, " . " I, ,. " ,,' <( ';.' , , , ~ I " ,I. ',. ,r,' Iii. ,. ,. ,. 'I' ,I' 1", ". J; ',.,\ , ,. " '" I, " ". " " h ,. ''\ I ,. 'I, ,: '. '. ,. 1\ .' ,. l'\i.. ~ ' " 'I,' " .' MH/MR ,. 'I' . j'. . . '. ,/1. ,. ,. '. '" I. ,I '" " '(I I' ., " ,. I!, '" !! ,. . , 'I", '.. ,. "1',.,' ,.' , ,I .1 I.' ". ,. " , , , , , . ., " , '.1 ". .,,' t, ,. ,.. ,I'" I, ,'" ',Ij, ': " "'" ,. "' ,. 't",r,;, ,'to I'" I,' " ; ,'/ '" ,. I' ". I ;,-', ','.' j', 'It 1';;(' ,,!. " 'j' I' 'I', " ,. I: , " "'; ". ". " " .I " ",.; ,. ,.. c IN THBMATTER OF DAVID MILLER, An Alleged Incompetent I 1 I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ~J~qtf ~ 0l?G, ORDeR OF COURT AND NOW, this .c2 Il~ day of March, 1994, upon review of the attaohed petition, a hearing is soheduled in this matter for Wednesday, April 13, 1994, at 8100 a.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. Personal service of this Order and accompanying Notice and Petition shall be oaused to be made upon the alleged inoapaoitated person by Petitioner in aocordance with the Probate, Estates and Fiduoiaries Code. Notice shall also be given to all other persons and entities required to be notified under the Code. Proof of service shall be furnished at the above-soheduled hearing. BY THE COURT, LLL.)~ J. Wesley Ole, Jr., Robert L. O'Brien, Esq. \ Solioitor for the Cumberlandl Perry County MH/MROffioe 155 South Hanover Street Carlisle, PA 17013 Iro . , .Ail i, lIun:) . .~~~ v," , ,., ."'1\:1 1\ .. Jf'?;\~'O . ". _.' lIW.I. 1/(11 ,'" ';' \ a q (,I (,l.~ "', "1 rill:' . . .,:,\.\ I" IN THE MATTER OF DAVID MILLER An Alleged Incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY/ PENNSYLVANIA ORPHANS' COURT DIVISION NO. INCAPACITATED PERSON PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN or THE PERSON PURSUANT TO 20 PA. C.B.A. 5513 1) Your Petitioner is Robert L. O'Brien, Esquire, Solicitor for the Cumberland/Perry .Mental Health/Mental Retardat.ion Office. 2) Respondent is David Miller, an incapacitated person, currently receiving care at Comfort House. Respondent is an adult individual being presently 39 years of age with a birth date of May 7, 1954. Attached hereto, marked as Exhibit "A", and incorporated herein by reference is a Petition prepared by the Cumberland County MH/MR Office. 3) Petitioner requests that the Court appoint Mr. Paul Miller and Mrs. Jean Miller, as guardians for tho limited purpose of executing certain for.ms and waivers that are required to insure the oontinuation and availability of care and treatment for Respondent. An initial determination has been made that, due to Respondent's low intellectual functioning, he is unable to make a determination in reference to his placement/waiver, and that, in order to comply with applicable state and federal laws, a guardian be appointed by the Court for the purpose of making said election and signing the necessary forms. WHEREFORE, Petitioner, Robert L. O'Brien, respectfully requests that the Court order and direct that the Register of Wills issue a citation directinq that Respondent, David Miller, be brought to Court '~ : .1., " ',.- i.' 1'-' , r'(',I'_ ,.(.,,1 1" ,. " Ii. 'I I ,:~ ~._; '.' " -' ' . ,I. '", '" . '.',' ~'j,' , ,,' ';~; '.\,'.-{:'''' " (',:. ,;'1' " j. :.) "'.:\ ;'/1;' , 11.:1 , " .,' I.:" , Ill' f'Il '0 Q 1- ~~= 8~~ 1Ill>t fallllUl Ollllt Dl!: Eo<UIIl III ll< D'fal 00 . U >t Ule.. 1Ill'f.;'!: . III III t:l Ii-<..:IO ,ll<U . III 1-1 " ,. ,I "" ,', " , /~I':- ", :; " .. . ;,1 ,Ii " l' ~ I I.i' ,i. ';',\: " .j " , 'I',',' ,. .. ,I. ,.-,1, "" ," " I;' " - , ..1. ',f " " !' .. " ",\ (', ,I;,"~, ,. I,., , , ,.," \,1, " ,. (', L(,j jil' . i ,~. (. " . ' .' " '" "" . , I,' , ; ,I: ,. ;,' ,1< , , " '", " ':1 " , ,\ ,. I'" ii, l, ... "'i, "j'I' " '," " , I .'. ,,' ';, "" ,,, q' 'I. ",/, " :'1',' "I 1" ., . , .' ,1,- '''',1 " ,,,' ", , , , , " \. ,,' )., II' ,., ",' . , " :'" ',!\I; '\" " f,.'i .' .." ." , " , .. 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