HomeMy WebLinkAbout97-00102
Retardation office.
3. Ms. Sanchez, since birth, has been in the
profoundly mentally retarded range, having an IQ of 20 or less,
and, in addition, suffers from bipolar disorder.
4. As a result of the aforesaid conditions, Ms.
Sanchez's ability to receive and evaluate information and make
and communicate decisions effectively has been impaired to such
a significant extent that she is unable to meet essential
requirements for her physical health and safety in the form of
deciding whether to execute a "2176 waiver" for purposes of
Federal funding.
5. Guardianship services are necessary for Ms.
Sanohez notwithstanding the personal assistance which she
repeives from CPARC, from her mother and father, and from her
sister, Isabelle Diane Berger.
6. Based upon the aforesaid conditions of Ms.
Sanohez and her lack of capacity to make and communicate
decisions in the regard mentioned, a temporary and partial
guardianship with respect to her person is required.
7. The duration of this guardianship shall be
until the guardian has executed the necessary "2176 waiver" and
secured Ms. Sanchez's participation in any programs which may
become available as a result of that waiver, if the guardian
feels that such measures are in the interest of her sister.
8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it
is found that Ms. Sanchez is partially inoapacitated and in need
of temporary partial guardianship servJ.ces of her person.
9. The sister of Ms. Sanchez, Isabelle Diane
Berger, residing at 1345 Briarwood Court, Camp Hill, Cumberland
County, Pennsylvania, is a person qualified under 20 Pa. C.S.
Section 5511(f) to serve as such guardian of her person.
10. It appears that Ms. Sanchez'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.
DISCUSSIOl!
The provisions respecting adjudication of
incompetency have recently been amended and are contained in 20
Pa. C.S. Sections 5501 et. seq. Petitioner has substantially
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 21st day of March, 1997, 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, Anita V.
Sanchez is adjudicated an incapacitated person, and her sister,
Isabelle Diane Berger, residing at 135 Briarwood court, Camp
Hill, Cumberland county, Pennsylvania, is appointed temporary
1,< 19 t'\
0
S e5 <~lri
I:i",,"" :3
H I~~ ~ '"
", . VI ~ 0
~; ~ I:i ~ ~
~ :1 ~ "-' ~
0:: :5
f~~ i:'.1 flO.U ~ !ill'< rJ :;.: ~ ~
0 "
. 8::! ~
f-< . ~ ~~ v >; E ;l
u > ~ ~~~ E u
fi. 1::1 CIl 9 ;;;
~~ln 0 :;j~ ~ ~ l:
U <~~ E5 5
~. ~ ~ H ~ oil >-
"l ..
H ~~ z::
CIl ~Gg ~ "-' ~ lJ
-'
"~ 0., :.1\ 1>, C2 ,. ~
b ~ ~~~ i!:i j ""
u 0
~ ~
f-</ZP
Z ~~~
H
,
.' .
\ '