HomeMy WebLinkAbout97-00403
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IN THE MATTER OF
ROSYN M. FOOSE,
an alleged incompetent
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
. I ORPHANS' COURT DIVISION
I No. 21-1997-0403
IN REI PE~ITION FOR APPOINTMENT OF A TEMPORARY GUARD1~
OF THE PERSON PURSUANT TO 20 PA.~.S.A. 5513
~EFORE OLER. J....
OPINION AND ORDER OF COURT
Oler, J., June 11, 1997.
At issue in the present case is whether Robyn M.'
Foose should be adjudicated an incapacitated person, and, if so,
whether her mother, Sandra Kay Foose, should be appointed
temporary partial guardian of her person. A hearing was held on
the matter on Wednesday, June 11, 1997, 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 Robyn
M. Fo08e, a 21-year-old (date of birth, April 3, 1976) adult
individual residing at 21 Betty Nelson court, Lot 5, Carlifllle,
Cumberland county, Pennsylvania.
2. Petitioner is Robert L. O'Brien, Esquire,
solicitor for the cumberland/Perry Mental Health/Mental
Retardation Office.
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3. Ms. Foose, since birth, has been in the
profoundly mentally retarded range, with an 1Q of approximately
nine.
4. As a result of that condition, Ms. Foose's
ability to receive and evaluate information and make and
communicate deoisions has been impaired to such a sigrlificant
extent that she is unable to meet essential requirements for her
physical health and safety in the form of deciding whether to
exedutlil a "2176 waiver" for purposes of federal funding and
other documents necessary for her continued residency with her
mother and continued services from other sources.
5. Guardianship services are necessary for Ms.
Foose, notwithstanding the personal assistance whioh she
receives from her mother and sisters and from services provided
by the county.
6. Based on the aforesaid condition of Ms. Foose
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 guardianE;hip shall be
until the guardian has executed the necessary "2176 waiver" and
any other papers related to the above purposes.
8. Pursuant to 20 Pa. C.S. section 5512.1(b), it
is found that Ms. Foose is partially incapacitated and in need
of temporary partial guardianship services of her person.
9. The mother of Me. Foose i. a person q~alified
~nd.r 20 Pa. C.S. Seotion 5511(f) to serve as guardian of her.
pereoll.
10. It appears that Ms. Foose's condition is of
an indefinite nature in terms of duration.
11. The foregoing Findings of Faot are made on
tbe basis of clear and convincing evidence.
D.JSCUSSION
The provisions respecting adjudication of
incompetency have recently been amended and are contained in 20
Pa. C.s. Sections 5501 ~~~~ Petitioner has complied with
these provis.tons to the extent which the Court deems necessary
for the limited purpose Of the instant hearing. Consequently,
the following Order of Court will be entered:
ORDER QLW.l!RT
AND NOW, this 11th day of June, 1997, upon
consideration of the Petition for Appointment of 11 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, Robyn M.
Foose is adjudicated an incapacitated person, and her mother,
Sandra Kay Foose, an adult individual residing at 21 Betty
Nelson Court, Lot 5, Carlisle, Cumberland County, Pennsylvania,
is appointed temporary partial guardian of her person for the
purpose of executing a "2176 waiver" and any other documents
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