HomeMy WebLinkAbout97-00405
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3. Ms. Rhoads, sinoe birth, hasb.en in the
profoundly mentally retarded range (IQ below 20) with respact to
oognitive functions and in the severely mentally retarded range
w~th respeot to eocial~motional functions.
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ability to receive and evaluate information and make and
4. As a result of that condition, Ms. Rhoads'
oommunicate decIsions has been impaired to such a ed.gnificant
extent that she is unable to meet essential requirements for her
physical health and safety in the form of deciding whether to
other doouments whioh may be necessary or oonvenient for her
execute a "2176 waiver" for PUrposes of federal funding and
oontinued rf!sidenoy at 466 Centervi11e Road in Newville.
5. Guardianship services are necessary for Ms.
Rhoads, notwithstanding the personal assistance which she may
receive from her family.
Rhoads 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.
6. Based on the aforesaid condition of Ms.
until the guardian has executed the necessary "2176 waiver" and
any other documents necessary to effect her continued residenoy
at the Centerville Road address.
7. The duration of this guardianship shall be
B. Pursuant to 20 Pa. C.s. Section 5512.1(b), it
is found that Ms. Rhoads is partially incapacitated and in need
of temporary partial guardianship ..rvic.s of her person.
9. The brother of Ms. Rhoads is a person
qualified under 20 Pa. C.S. Seotion 5511(f) to serve as guardian
of her person.
10. It appears that Ms. Rhoads' oondition is of
an indefinite nature in terms of duration.
11. The foregoing Findings of Fact are made on
the basis of clear and oonvincing evidenoe.
l2ilQUSSION
The provisions respecting adjudication of
incompetency have recently been amended and are contained in 20
Pa. C.S. Sections 5501 Wlsea. Petitioner has complied with
these provisions to the extent that the Court believes necessary
for thE! limited purpose of the instant heari.ng, and for that
reason, the following Order will be entered:
ORDER OF COURT
AND NOW, this 11th day of June, 1997, upon
consideration of the Petition for Appointment of a Temporary
Guardian of the Person Pursuant to 20 Pa. C.S.A. 5513, and
followiJ\g a hearing held at the Cumberland County Courthouse at
which the allegedly inoapacitated person was present, Ruth
Rhoads is adjudicated an incapacitated person, and her brother,
William Rhoads, an adult individual residing at 12 Michaux
Drive, Newville, Cumberland County, Pennsylvania, is appointed
temporary partial guardian of her person for the purpose of