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HomeMy WebLinkAbout04-13-07 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 07-316 ORPHANS' COURT STEPHANIE BAILES IN RE: PETITION OF KIM WOLF AND JENNIFER WILLIAMS SUPPORTING APPOINTMENT OF AN EMERGENCY GUARDIAN OF THE PERSON OF STEPHANIE BAILES, AN INCAPACITATED INDIVIDUAL, PURSUANT TO 20 Pa.C.S. CH. 5513 BEFORE OLER, J. ORDER OF COURT AND NOW, this 12th day of April, 2007, upon consideration of the Petition of Kim Wolf and Jennifer Williams supporting appointment of an emergency guardian of the person of Stephanie Bailes, an incapacitated individual, pursuant to 20 Pa.C.S. Chapter 5513, and following a hearing held on this date, it is ordered, adjudged, and decreed as follows: 1. Stephanie Bailes is adjudicated an incapacitated person on an emergency basis. (--) --__i 2. Petitioners Kim Wolf and Jennifer' L.':' " Williams are appointed emergency plenary co-guardiq:n$ oL" Ms. Bailes' person, with either co-guardian beingauthori;Zed to act independently and without the other co-guardian's consent on behalf of Ms. Bailes. 3. The guardianship of the person created herein on an emergency basis shall extend for a period of 72 hours, subject to the guardians' right to apply for an extension of 20 additional days. ~\ By the Court, Virginia Spiess, Certified Legal Intern Anne MacDonald-Fox, Esquire The Disability Law Clinic 45 North Pitt Street Carlisle, PA 17013 For Petitioners :mae IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 07-316 ORPHANS' COURT STEPHANIE BAILES IN RE: PETITION OF KIM WOLF AND JENNIFER WILLIAMS SUPPORTING APPOINTMENT OF AN EMERGENCY GUARDIAN OF THE PERSON OF STEPHANIE BAILES, AN INCAPACITATED INDIVIDUAL, PURSUANT TO 20 Pa.C.S. CH. 5513 BEFORE OLER, J. OPINION and ORDER OF COURT Oler J., April 12, 2007. At issue in the present case is whether Stephanie Bailes should be adjudicated an incapacitated person on an emergency basis and, if so, whether Petitioners Kim Wolf and Jennifer Williams should be appointed emergency plenary co-guardians of her person. A hearing was held in this matter on April 12, 2007. The allegedly incapacitated person was not present for the hearing based upon her medical and mental condition. 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 Stephanie Bailes, a domiciliary of Cumberland County, Pennsylvania, born April 13, 1989, and a resident at her home with her mother at 314 Bonnybrook Road, Carlisle, Cumberland County, Pennsylvania. J 2. Petitioners are Kim Wolf, the allegedly incapacitated person's mother, who resides at 314 Bonnybrook Road, Carlisle, Cumberland County, Pennsylvania, and Jennifer Williams, the allegedly incapacitated person's sister, who resides at 321 Majestic Circle, Dallastown, York County, Pennsylvania. 3. Ms. Bailes was seriously injured in an automobile accident on March 27, 2001, when she was 11 years old. 4. As a result of the accident, Ms. Bailes suffered severe brain and other physical injuries. 5. As a consequence of these injuries, Ms. Bailes' ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that she is totally unable to meet essential requirements for her physical health and safety. 6. Ms. Bailes' condition is such that (a) she is in need of a plenary guardian of her person and (b) a failure to appoint such guardian will result in irreparable harm to her person. 7. The duration of the necessary guardianship of the person shall be as long as permitted by law, but, because the guardianships effected herein have been requested on an emergency basis, by statute the emergency guardianship of the person may not extend beyond 72 hours in the absence of further Order of Court (and in no event may continue for more than 20 days thereafter). 8. The petitioners are persons qualified to serve as emergency plenary co-guardians of Ms. Bailes' person. 9. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION Under Pennsylvania law, an emergency guardian of the person may be appointed in a case of a person alleged to be 'incapacitated "when it appears that the person lacks capaci ty, [the person] is in need of a guardian [, ] and a failure to make such appointment will result in irreparable harm to the person... " Act of June 30, 1972. P.L. 508, Section 2, as amended, 20 Pa. C.S. Section 5513. (2007 Supp.). An "incapacitated person" means An adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to meet essential requirements for his physical health and safety. Id., Section 5501. Proof in such a case must be by clear and convincing evidence. Id., Sections 5511(a), 5513. In the present case, Petitioners have demonstrated by clear and convincing evidence that an emergency adjudication of incapacity and appointment of a plenary guardian of the person is appropriate. will be entered: For this reason, the following order ORDER OF COURT AND NOW, this 12th day of April, 2007, upon consideration of the Petition of Kim Wolf and Jennifer Williams supporting appointment of an emergency guardian of the person of Stephanie Bailes, an incapacitated individual, pursuant to 20 Pa.C.S. Chapter 5513, and following a hearing held on this date, it is ordered, adjudged, and decreed as follows: 1. Stephanie Bailes is adjudicated an incapacitated person on an emergency basis. 2. Petitioners Kim Wolf and Jennifer Williams are appointed emergency plenary co-guardians of Ms. Bailes' person, with either co-guardian being authorized to act independently and without the other co-guardian's consent on behalf of Ms. Bailes. 3. The guardianship of the person created herein on an emergency basis shall extend for a period of 72 hours, subject to the guardians' right to apply for an extension of 20 additional days. By the Court, Sf J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Virginia Spiess, Certified Legal Intern Anne MacDonald-Fox, Esquire The Disability Law Clinic 45 North Pitt Street Carlisle, PA 17013 For Petitioners :mae In Re: STEPHANIE BAILES ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-07-0316 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 04/12/07 JUDGE'S INITIALS: JWO TIME STAMP DATE: 04/13107 IN RE: ORDER OF COURT AND OPINION AND ORDER OF COURT ~ .. .. .. " " .. .. .. .. " " .. .. .. .. .. .. .. .. .. .. .. .. .. , .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. '\ .. .. .. .. .. .. .. , , .. , .. .. .. '\ , .. , , .. .. , .. .. , .. .. , , .. .. .. , .. .. .. , .. .. , , .. , , .. , .. .. .. .. .. .. .. .. .. .. , .. , SERVICE TO: VIRGINIA E SPIESS METHOD OF MAILING: ENVELOPES PROVIDED BY: [8] USPS DRRR D HAND DELIVERED D OTHER_ [8] PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: 04/13/07 """"""""""""""""""""""""""""""""""""""""""""""""""""""""","""'" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: