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HomeMy WebLinkAbout04-17-07 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION INEZ H. DAVIS, An Alleged Incapacitated Person 21-07-0200 IN RE: o PETITION TO ADJUDICATE PERSON AS INCAPACr~ED A8D APPOINT GUARDIAN OF THE PERSON/ESTATE' ~ ::. -l BEFORE OLER, J. " _."-..~ ORDER Of COURT '-:-"'1 ~~ co ,M ..~.) ~ AND NOW, this 12th day of April, 2007, upon consideration of the Petition To Adjudicate Person As Incapacitated and Appoint Guardian of the Person/Estate with Respect to Inez H. Davis, and following a hearing, at which the presence of the allegedly incapacitated person was excused pursuant to an affidavit from her physician indicating that her presence would be harmful to her health, and for the reasons stated in the accompanying opinion, Inez H. Davis is adjudicated an incapacitated person, and her daughter, Gloria Joan Davis Banks, Esquire, is appointed permanent plenary guardian of her estate and person. The guardian shall timely file with the Court all reports and accounts required by statute. No bond shall be required of the guardian. Inez H. Davis is hereby notified of her right to petition at any time for a modification or termination of the guardianship provisions contained in this order. ~ Any existing general Power of Attorney executed by the incapacitated person is hereby specifically revoked and rendered null and void. By the Court, J. David K. Kruft, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 For Petitioner Inez H. Davis C/o Golden Living Center 770 Poplar Church Road Camp Hill, PA 17011 :mae IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION INEZ H. DAVIS, An Alleged Incapacitated Person 21-07-0200 IN RE: PETITION TO ADJUDICATE PERSON AS INCAPACITATED AND APPOINT GUARDIAN OF THE PERSON/ESTATE BEFORE OLER, J. OPINION AND ORDER Of COURT OLER, J., April 12, 2007. At issue in the present case is whether Inez H. Davis should be adjudicated an incapacitated person on a permanent basis, and, if so, whether Ms. Davis's daughter, Gloria Joan Davis Banks, Esquire, who resides at 5776 Catherine Court, Harrisburg, Pennsylvania, 17112, should be appointed permanent plenary guardian of her person and estate. A hearing was held on this matter on April 12, 2007. The allegedly incapacitated person was not present in court pursuant to an affidavit executed by her personal physician indicating that her presence would be harmful to her health. For the reasons stated in this opinion, the petition for appointment of a plenary guardian of the person and estate of Inez H. Davis will be granted, and her aforesaid daughter will be appointed plenary guardian of her person and estate. STATEMENT OF FACTS 1. The allegedly incapacitated person is Inez H. Davis, a domiciliary of Cumberland County, Pennsylvania, born June 1, 1930, and residing at the Golden Living Center, 770 Popular Church Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Petitioner is Gloria Joan Davis Banks, Esquire, an adult individual, an attorney and a professor at Weidner Law School who resides at 5776 Catherine Court, Harrisburg, Dauphin County, Pennsylvania, 17112; Professer Banks is the daughter of Inez H. Davis. 3. Inez H. Davis, the allegedly incapacitated person, suffers from a condition known as Alzheimer's Disease, which displayed its onset in 2004. 4. Ms. Davis's condition has deteriorated to the point that her ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that she is totally unable to manage her financial resources and totally unable to meet essential requirements for her physical health and safety. 5. Unfortunately, at the present time the prognosis for improvement with respect to Ms. Davis's mental condition is not promising. 6. The estate of the allegedly incapacitated person is minimal in nature. 7. The allegedly incapacitated person is in need of a plenary guardian of her person and estate. 8. The duration of the necessary guardianships must be considered at best indefinite and for practical purposes permanent. 9. Gloria Joan Davis Banks, Esquire, the daughter of Inez H. Davis, is a person qualified to serve as guardian of her person and estate under 20 Pa. C.S. Section 5511(f). 10. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacity are contained in 20 Pa. C.S. Section 5570 et. seq. The 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 12th day of April, 2007, upon consideration of the Petition To Adjudicate Person As Incapacitated and Appoint Guardian of the Person/Estate with Respect to Inez H. Davis, and following a hearing at which the presence of the allegedly incapacitated person was excused pursuant to an affidavit from her physician indicating that her presence would be harmful to her health, and for the reasons stated in the accompanying opinion, Inez H. Davis is adjudicated an incapacitated person, and her daughter, Gloria Joan Davis Banks, Esquire, is appointed permanent plenary guardian of her estate and person. The guardian shall timely file with the Court all reports and accounts required by statute. No bond shall be required of the guardian. Inez H. Davis is hereby notified of her right to petition at any time for a modification or termination of the guardianship provisions contained in this order. Any existing general Power of Attorney executed by the incapacitated person is hereby specifically revoked and rendered null and void. By the Court, /s/ J. Wesley Oler, Jr., J. J. Wesley Oler, Jr., J. David K. Kruft, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 For Petitioner Inez H. Davis C/o Golden Living Center 770 Poplar Church Road Camp Hill, PA 17011 :mae . . In Re: INEZ H. DAVIS ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-07-0200 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 04-12-07 JUDGE'S INITIALS: JWO TIME STAMP DATE: 04-17-07 IN RE: ORDER OF COURT/OPINION """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: INEZ H DAVIS AND DAVID KRUFT METHOD OF MAILING: ENVELOPES PROVIDED BY: r8J USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER r8J JUDGE D CLERK OF ORPHANS COURT MAILED: 04-17-07 """""""""""""""""""""""""""""""""""""""""""""""""""""""',"""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED DOTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: ~.(1J Dep Cler f Orphans' Court