HomeMy WebLinkAbout06-12-07
IN RE:
CYNTHIA N. STAGER, An
Alleged Incapacitated
Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-07-0541
IN RE: PETITION FOR THE APPOINTMENT
OF EMERGENCY PLENARY GUARDIAN
OF THE PERSON AND ESTATE IN ACCORDANCE
WITH 20 P.S. S5513 AND FOR PERMANENT ~Y
GUARDIAN OF THE PERSON AND ESTATE PURSUANT
TO 20 P. S. S5513'-: ,-
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BEFORE OLER, J.
OPINION and ORDER OF COURT
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Oler, J., June 7, 2007
At issue in the present case is whether Cynthia N.
Stager should be adjudicated an incapacitated person on an
emergency basis, and, if so, whether the Area Agency on Aging
in and for Cumberland County, Pennsylvania, should be appointed
emergency limited or plenary guardian of her person and estate.
A hearing was held in this matter on June 7, 2007, the
allegedly incapacitated person was not present for the hearing,
her presence having been excused by the Court pursuant to
medical testimony and with the consent of her court-appointed
counsel, Michael J. Collins, Esquire, who was present.
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 Cynthia
N. Stager, an adult individual and domiciliary of Cumberland
County, Pennsylvania, who presently resides at 2535 Rolo Court,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Petitioner is the Area Agency on Aging in and
for Cumberland County, Pennsylvania, which has offices at 16
West High Street, Carlisle, Cumberland County, Pennsylvania.
3. A person interested in this matter is Angelique
Calloway, an adult individual residing at 2537 Rolo Court,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
4. The allegedly incapacitated person is presently
a patient at the Holy Spirit Hospital in Cumberland County,
Pennsylvania, as a result of a deteriorating medical condition.
5. The allegedly incapacitated person has been
diagnosed as medically delirious, possibly as the result of
dementia. As a consequence of her condition the allegedly
incapacitated person's 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.
6. The value of the allegedly incapacitated
person's estate is approximately $150,000.
7. The prognosis for the allegedly incapacitated
person at this time is guarded.
8. An immediate medical necessity for the
allegedly incapacitated person is the insertion of a permanent
feeding tube.
9. The appointment of an emergency guardian of the
allegedly incapacitated person's person and estate is necessary
to prevent irreparable harm to her person and estate.
10. 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 and/or estate may be appointed in the case of a
person alleged to be incapacitated "when it appears that the
person lacks the capacity, [the person] is in need of a
guardian[,] and a failure to make such appointment will result
in irreparable harm to the person or estate of the alleged
incapacitated person." Act of June 30, 1972, P.L.508, ~2, as
amended, 20 Pa.C.S. ~5513.
An "incapacitated person" is
an adult whose ability to receive and evaluate
information effectively and communicate decisions
in anyway is impaired to such a significant extent
that she is partially or totally unable to meet her
financial resources or to meet essential
requirements for his or her fiscal health and
safety.
Id. 55501.
Proof in such a case must be by clear and
convincing evidence Id. ~~5511(a), 5513.
In the present case, Petitioner has demonstrated by
clear and convincing evidence that an emergency adjudication of
incapacity and appointment of a guardian of the person and
estate as specified hereafter are appropriate. For this
reason, the following order will be entered:
ORDER OF COURT
AND NOW, this 7th day of June, 2007, upon
consideration of the Petition for the Appointment of Emergency
Plenary Guardian of the Person and Estate in Accordance with 20
P.S. ~5513, and following a hearing held on this date, it is
ordered and directed as follows:
1. Cynthia N. Stager is adjudicated an
incapacitated person.
2. Petitioner Area Agency on Aging in and for
Cumberland County, Pennsylvania, is appointed emergency plenary
guardian of the person of Cynthia N. Stager and emergency
limited guardian of the estate of Cynthia N. Stager with
authority to extend funds related directly or indirectly to her
medical care, treatment, and hospitalization, including such
care as may be necessary at a nursing home and to effect
deposits into her accounts and to otherwise conserve her
estate.
3. No bond shall be required of the guardian.
,
4. The terms of the emergency guardianship created
herein shall be limited in accordance with Section 5513 of the
Probate Estates and Fiduciaries Code.
BY THE COURT,
SI J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
InRe: CYNTHIA N. STAGER
AN ALLEGED INCAP ACIT A TER PERSON
CUMBERLAND COUNTY
PENNSYL VANIA
NO. 21-07-0541
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 06/07/07
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 06/12/07
IN RE: OPINION AND ORDER OF COURT
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SERVICE TO:
ANGELIOUE CALLOW A Y
MICHAEL J COLLINS ESO
ANTHONY DELUCA ESO
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o PETITIONER
~ JUDGE
o CLERK OF ORPHANS COURT
~ USPS
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D HAND DELIVERED
o OTHER_
MAILED: 06-12-07
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
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o HAND DELNERED
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D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED:
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