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IN THE MATTER or
I N TilE COURT OF COMMON PI,EAS
OF CUMI3ERI,l\ND COUNTY, PENNSYLVANIA
ORPIIANS' COURT DIVISION
NO. J...I-qf.g -q~ 3
INCAPACl'rA'I'ED PERSON
Randy Taylor
An Alleged
Incapacitated Person
AND NOW, this
ORDER OF COURT
'2.(.. tL day of ~tJo"t...,L,l'f , 1996, upon
review of the attached Petition, a hearing is scheduled in this matter
for 7.-ALlIl.Ad~
1996, at /: !JO
.
l.~c:' ~(A, day
of ".(h.l',? -vl{"A /
1I ,~ , cumberland
, the
a.m./8, in courtroom
county Courthouse, Carlisle, pennsylvania.
Personal service of this Order and accompanying Notice and
petition shall be caused to be made upon the alleged incapacitated
person by Petitioner in accordance with the probate, Estates and
Fiduciaries 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-scheduled hearing.
BY THE COURT,
lI1h
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IN THE MATTER OF
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
Randy Taylor
An Alleged
Incapacitated Person
NO.
INCAPACITATED PERSON
PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN
OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513
1) Your Petitioner is Robert L. O'Brien, Esquire, Solicitor for
the Cumberland/Perry Mental Health/Mental Retardation Office.
2) Respondent is Randy Taylor residing at 139 E. Columbia Road
Enola, Pennsylvania, 17025. Respondent is an adult individual being
presently 31 years of age with a birth date of September 14, 1965.
Attached hereto, marked as Exhibit "A", and incorporated herein by
reference is a Petition prepared by the Cumberland County MH/MR
Office. Attached hereto, marked as Exhibit "B", and incorporated
herein by reference is notarized statement from
3) Petitioner requests that the Court appoint Mrs. Mary Taylor,
as guardian for the limited purpose of consenting to the placement of
Randy Taylor into community based or institutional services, and to
execute any documentation needed to facilitate the placement of Randy
Taylor into said program.
I~ THE :I~TTER OF
Randy Taylor
AN AL:.;;::;:::l !:<CC:1PETE~IT
I~l ':'HE COURT OF COtUlON PLE~S
COU~IT'{. PE~I~IS,{LVMIIA
ORPHi>.1IS' CCURT DIVISIOH
IN RE NO.
COMMO~~EALTH OF PENNSYLVANIA
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COUNT'! OF '-.."" ,",\jl (' \C\.\ le\
.J)ofl/~/o IJ efOj/J.tJ ~.
. bei~; nul: sworn according ~o
l~w. ~e9oses and say tha~:
,
~e is a ~icensed, ?rac~:=ing physician who is employed
e.....J-A...- it=> [ 70)1 -'
at.
1.
Jih Jo ltuJl<-o<.Q./L
/0. ;. 9(,
. (Agel 31
139 E. Columbia Road, Enola, PA 17025
,
he e:(amined
patient. therein:
where en
IIi:: ':la!:lel Randy Taylor
Hiles at
(Se:(l Male . '.~ho '.~as ~
l-bderate Mental
.
-
wi~~ ! his~ory of
Retardation
At :he e:(ami~ation. ~he eoll~wing symptoms were observed:
UAu....I.U~ oft.> 7/LA-'/u'-- eA.Il-<~.J-"'--'
)1{A/l.-k.t-..(, ,tL-rtA-i"~lAm if xI~r_d\.'
from whi~h the ~lagnosis ~a~e LS:
o{f."j.i H'L':' .4..LnL~/1/rJr...L.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN THE MATTER OF
RANDY TAYLOR,
An Alleged
Incapacitated Person
NO. 21-96-973
INCAPACITATED PERSON
IN RE: PETITION FOR APPOI~NT OF A TEMPORARY GUARDI
OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513
BEFORE OLER. J.
OPINION AND ORDER OF COURT
Oler, J.
At issue in the present case is whether Randy
Taylor should be adjudicated an incapacitated person and, if so,
whether his mother, Mary Helena Taylor, should be appointed
temporary partial guardian of his person. A hearing was held on
the matter on Thursday, December 26, 1996, before the
undersigned judge. The allegedly incapacitated person was
present for the hearing. Based upon the evidence presented at
the hearing, the following Findings of Fact, Discussion and
Order of Court are made and entered:
FINDINGS OF FACT
1. The allegedly incapacitated person is Randy
Taylor, a 31_year-old (date of birth September 14, 1965)
adult individual residing at 139 East Columbia Road, Enola,
Cumberland County, pennsylvania.
2. Petitioner is Robert L. O'Brien, Esquire,
solicitor for the Cumberland/perry Mental Health/Mental
Retardation Office.
3. Mr. Taylor, since birth, has been in the
moderately retarded range, having most recently been tested with
respect to his IQ in May of 1996 with a result of 44.
4. As a result of his condition, Mr. Taylor's
ability to receive and evaluate information and make 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
other documents necessary for his admission to a facility known
as Alternatives in Mechanicsburg, Cumberland County,
Pennsylvania.
5. Guardianship services are necessary for Mr.
Taylor, notwithstanding the personal assistance which he
receives from his family and from services provided by the
county.
6. Based on the aforesaid condition of Mr.
Taylor 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 shall be
until the guardian has executed the necessary "2176 waiver" and
secured Mr. Taylor'S participation in the said program, if the
guardian feels that such measures are in the interest of her
son.
8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it
is found that Mr. Taylor is partially incapacitated and in need
of temporary partial guardianship services of his person.
9. The mother of Mr. Taylor is a person
qualified under 20 Pa. C.S. Section 5511(f) to serve as guardian
of his person.
10. It appears that Mr. Taylor'S condition is of
an indefinite nature in terms of duration.
11. The foregoing Findings of Fact are made on
the basis of clear and convincing evidence.
DISCUSSION
The provisions respecting adjudication of
incompetency h~e recently been amended and are contained in 20
Pa. C.S. Sections 5501 et sea. Petitioner has substantially
complied with these provisions, and, based upon the foregoing
Findings of Fact, the following Order will be entered:
ORDER OF COURT
AND NOW, this 26th day of December, 1996, upon
consideration of the petition for Appointment of a Temporary
Guardian of the Person Pursuant to 20 Pa. C.S.A. 5513, and
following a hearing held at the Cumberland County Courthouse at
which the allegedly incapacitated person was present, Randy
Taylor is adjudicated an incapacitated person, and his mother,
Mary Helena Taylor, residing at 139 East Columbia Road, Enola,
Cumberland County, Pennsylvania, is appointed temporary partial
guardian of his person for the purpose of executing a "2176
waiver" and any other necessary documents to effect her son's
admission into the facility operated by Alternatives in
Mechanicsburg, Cumberland County, Pennsylvania. This
appointment shall expire following the accomplishment of this
function. No bond shall be required of the guardian.
Notice is hereby provided in person to Randy
Taylor of his right to appeal and to petition to modify or
terminate the guardianship.
By the Court,
Isl J. Wesley Oler. Jr.
J.
Robert L. O'Brien, Esquire
Solicitor for Cumberland/Perry MH/MR
Mary Helena Taylor
139 East Columbia Road
Enola, PA 17025
Randy Taylor
139 East Columbia Road
Enola, PA 17025
Cumberland/Perry MH/MR
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