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Home My WebLink About97-00417 "'. If. ~ ~.. - ::::r ~ ~ I t"' f 0- tr' - ~ .... 0 ~ \.Il ! ~ ~ . .e ~ 0 0 ~ ~ Z '" u.a c..) ~ It, I' '91 i'IIIY'f! ();> ;09 GI(;I Ow , Vl ..: ~l H .., Z 0.. >-0 s:: 0 E-< <1J H Z E3 ~ .., Vl 0 0 lU H .--, ~ 0 ..: . P- I> ~ (; U H P:i i>::S H ,- 0 ~ f.<l ~ 8 r:i t, "' u ~ E-< ~ 1;1 <: > Eo< os:: Eo< 1l ,. ~ ~ ..: H !OJ .p:i H ~ or> :> 'J .., F 0 ....1 >-0 ~ Vl E u ,: P:i UJ 'tl 0 ~ 0/) Eo< f.<l Z lol >-O<1J (J ~ ~ l: '" P:i ~ Z IIi P:i0l S <il " .) P f.<l Eo< ~<1J 'i .. T:' ~ oJ 0 0.. i M Vl "-' (J u Z ~ ~ i:2 " -, ~, H ..: '" @ f.<l ~ b IIi 0 :a ~ u Eo< 0 Z H " MAY 0 6 1~11)1/ III (-) p.5 7. No other Court within the Commonwealth of which Petitioner hal knowledge ha. appointed a 9uardian for Mary Shover e. Mary Shover il mentally retarded.. 9. a.cauI. of mental deficienQY, lackl lutficient capaci~y to make or communicate re.ponlible deeilions concerning hi./her person al let forth in the attached Affidavit prepu'ed by Mrs. Theresa Shover , marked II Exhibit A and made a part hereof: .' . 10. Mary Shover ilin need of residential mental retardation eervic... 11 . Mary Shover hae been aceept~d for placament at a Currberland/Perrv ARC Proaram <a,t 102 N. Middlesex Road. C'.qr] isle. PA 17013 upon the condition that a guardian of the pereon be appointed to coneent to said placement on hiS/her behalf. 12. Mrs. Theresa Shover , , haviftg no intereet adver.ee to Mary Shover Temporary Guardian of the Person of hae agreed to act al Marv Shover if this Honorable Court shall so 'appoint. WHEREfORE, Petit.ioner pray. this Court place Marv Shover under the temporary guardianlhip of MrR. TherAsa Shover , pursuant to 20 Pa. C.S.A. f 55lJ and empower laid temporary guardian to provide substitute consent for luch community-based or institutional services al may be necel.ary to provide for hil/her needs. BYI -,j\" I' ",~,'j-'4"''''~~': IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-1997-0417 MARY SHOVER, an alleged inoomp~tent IN REI PETITJON ~OR APPOINTMENT ~TEMPOBABY QUARDIAN OF THE pERSON PURSUANT TQ 20 PA. C.B.A. 5513 BEFORE OLER. J. ORDER OF COUR'( AND NOW, this 11th day of June, 1997, upon oonsideration of the Petition for AppointmAnt 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, Mary Shover is adjudicated an incapacitated person, and her mother, Theresa A. Shover, residing at 33 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania, is appointed temporary partial guardian of her person for the purpose of exeouting a "2176 waiver" and any other documents necessary or oonvenient to effect her daughter's oontinued residency at the Cumberland/Perry ARC Program group home at 102 North Middlesex Road, Carlillle, Cumberland county, Pennsylvania. Thi.s appointment shall expire following the aooomplishment of this function. No bond shall be required of the guardian. Noti.ce is hereby provided in person to Mary Shover of her right to appeal and to petition to modify or terminate the guardianship. IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-1997-0417 MARY SHOVER, an alleged incompetent IN RE: PETITION FO~ APPOINTMENT OF A TEMPORARY GUARDIAN OF THE PERSON PURSUANT TO 20 PA. C.B.A. 5513 BEFORE OLER. J. QfINION AND ORDER OF COQRr Oler, J., June 11, 1997. At issue in t.he present oase is whether Mary Shover should be adjudicated an incapacitated person, ana, if so, whether her mother, Theresa A. Shov~r, 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: !; , f.INDINGS OF FACT 1. The allegedly incapacitated person is Mary Shover, a 42-year-old (date of birth, April 25, 1955) adult individual residing at the Cumberland/Perry ARC Program group home located at. 102 North Middlesex Road, Carasle, Cumberland County, Pennsylvania. 2. Petitioner is Robert L. O'Brien, Esquire, solicitor for the Cumberland/Perry Mental Health/Mental Retardation Offioe. 3. Ms. Shover, sinoe birth, has been in the moderate to severely mentally retarded range. 4. As a result of that condition, Ms. Shover's ability to receive and evaluate information and make and communicate decisions has been impaired to such a significant extent that: she is unable to meet essent.ial requirements for her physical health and safety in the form of deciding whether to execute a "2176 waiver" for purposes of federal funding and other documents which may be necessary or convenient for her continued residency at the aforesaid group home. 5. Guardianship services are necessary for Ms. Shover, notwithstanding the personal assistanrJe whi.ch she receives from her fami.ly. 6. Based on the aforesai.d condition of Ms. Shover and her lack of capacity to make and communicate deoisions 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 t.he guardian has executed the necessary "2176 waiver" and any other necessary documents for the aforesaid purposes. 8. Pursuant to 20 Pa. e.s. section 5512.1(b), it is found that Ms. Shover is partially incapacitated and in need of temporary partial guardianship services of her person. 9. The mother of Ms. Shover, Theresa A. Shover, an adult individual residing at 33 Buttonwood Lane/ Carlisle, Cumberland County/ pennsylvania, is a person qualified under 20 Pa. C.s. Seotion 5511(f) to serve as guardian of her person. 10. It appears that Ms. Shover's oondition is of an indefinite nature in terms of duration. 11. The foregoing Findings of Fact are made on the basis of clear and convincing evidenoe. DISCUSSION The provisi.ons respecting adjudication of inoompetenoy have reoently been amended and are contained in 20 Pa. C.S. seotions 5501 et sea. Petitioner has complied with these provisions to the extent whioh the Court deems necessary given the limited nature of the present request for guardianShip. Based upon the foregoing Findings of Fact, the following Order will be entered: OJl.DER 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.B.A. 5513, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person was present, Mary Shover is adjudioated an incapacitated person, and her mother, Theresa A. Shover, residing at 33 Buttonwood Lane, Carlisle, Cumberland County/ Pennsylvania, is appointed temporary partial guardian of her person for the purpose of executing a "2176