HomeMy WebLinkAbout10-08-07
IN THE COURT OF COl\JMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
) ORPHANS' COURT DIVISION
)
) No.2-I - 0"7 - 0 v 8 -2-
)
) PETITION FOR THE APPOINTMENT
) OF A PERMANENT GUARDIAN OF
) THE PERSON AND ESTATE
)
DONNA L. NEAD,
AN ALLEGED
INCAPACITATED PERSON.
ORDER OF COURT DETERMINING INCAPACITY AND APPOINTING
PERMANENT GUARDIAN OF THE PERSON AND ESTATE
AND NOW, this ~~ day of O~
this case having been held on 10 / 8
, 2007 a hearing in
, 2007 and it appearing to the Court that
DONNA L. NEAD, would be harmed by her presence at the hearing, and further finds from the
testimony:
1. That DONNA L. NEAD suffers from Vascular Dementia with Delusions, Congestive
Heart Failure, Type II Diabetes, Gastrointestinal Bleeding, and Chronic Obstructive
Pulmonary Disease. All of these conditions totally impair her capacity to receive and
evaluate information effectively and to make and communicate decisions concerning
her management of her personal affairs or to meet essential requirements [or her
physical health and safety.
2. That there are insufficient supports available to assist DONNA L. NEAD in
overcoming such limitations and that there exists no less restrictive mec:hanism for
C) "
decision making than the appointment of a Permanent Guardian oT fin PersOn and
. ~; c-..)
-'.J ....,
-]~ _I
Estate.
i"-.;'
I
C]
u::;,
q
,
J
3. That based on the total incapacity of DONNA L. NEAD, to receive and evaluate
information effectively and to make or communicate decisions, a Guardian of the
Person and Estate is required on a permanent basis.
4. No~, family or relation is available or willing to act as the guardian of DONNA
L. NEAD.
NOW THEREFORE, based on the clear and convmcmg evidence supporting the
foregoing findings, it is ORDERED, ADJUDGED and DECREED that DONNA L. NEAD be
and hereby is adjudged a totally incapacitated person. It is further ORDERED, ADJUDGED
and DECREED:
Dannie L. Keen is appointed Permanent Guardian of the Person and Estate of DONNA L.
NEAD.
The guardianship services provided by Dannie L. Keen, is a necessary medical expense
directly relevant to the care of DONNA L. NEAD.
The Permanent Guardian of the Person and Estate shall have full authority to consent to
the general care, maintenance and custody of DONNA L. NEAD without exception.
The Permanent Guardian of the Person and Estate shall assure that DONNA L. NEAD
receives appropriate services and shall assist her in developing self-reliance and independence.
If there is a safe deposit box in the name of the incapacitated person alone or in the names
of the incapacitated person and another or others, said safe deposit box shall not be entered by
the Guardian except in the presence of a representative of the financial institution where the box
is located or in the presence of a representative of the Orphans' Court Division. The
representative present at the time of entry shall make or cause to be made a record of the
incapacitated person's property, and said record shall be filed with the Clerk of the Orphans'
,
, .
Court Division. None of the incapacitated person's property may be removed until after the
aforesaid inventory is completed.
If the safe deposit box is jointly owned, five (5) days notice of the proposed entry shall be
given to the other owners by the Guardian.
An Inventory must be filed within "0
days. A report by the Guardian of the
Person shall be filed within fO days and annually thereafter in a form approved by the
Orphans' Court Divisions.
No Surety Bond is required.
DONNA L. NEAD, an incapacitated person, has the right to appeal this Order of Court
by filing exceptions with the Clerk of the Orphans' Court Division within ten (l0) days of the
date of this Order or to petition this Court for a hearing to review or terminate the adjudication of
incapacity and guardianship herein established.
If DONNA L. NEAD was not present at the hearing on the adjudication of her incapacity
and appointment of a guardian then Petitioner shall serve upon and read to DONNA L. NEAD
the Statement of Rights attached to this Order of Court and marked as Exhibit A. Proof of
Service of the Statement of Rights shall be filed by the Guardian with the Clerk of the Orphans'
Court within ten (l0) days of the date of this Order. ././/-j
J.
, .
STATEMENT OF RIGHTS
AN ORDER HAS BEEN ENTERED BY A JUDGE OF THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY, ORPHANS' COURT DIVISION, WHEREBY YOU
HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE
FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFIARS. YOU HAVE THE
RIGHT TO FILE EXCEPTIONS WITHIN TWENTY (20) DAYS OF THE DATE OF THE
COURT'S ORDER WITH THE ORPHANS' COURT OR THE RIGHT TO FILE AN APPEAL
WITHIN THIRTY (30) DAYS OF THE DATE OF THE COURT'S ORDER WITH THE
SUPERIOR COURT. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE
DENIED OR ARE DEEMED DENIED PURSUANT TO ORPHANS' COURT LOCAL RULE
7.1, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN
THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO
.
MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR
CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HER/HER DUTIES IN
ACCORDANCE WITH THE COURT'S ORDER.
IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO
MODIFY OR TERMINATE THE GUARDIANSHIP, YOU ARE ENTITLED TO BE
REPRESENTED BY AN ATTORNEY, IF YOU DO NOT HAVE AN ATTORNEY, THE
COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN
ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT
FOR YOU WILL BE PROVIDED AT NO COST TO YOU.
In Re: DONNA L. NEAD
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYL VANIA
NO. 21-07-0682
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10-08-07
JUDGE'S INITIALS: EEG
TIME STAMP DATE: 10-08-07
IN RE: ORDER
""""""""""""""""""""""""""""""""'""""""""""""""""""",..",""""""""
SERVICE TO:
DOUGLAS A SNYDER
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
~ USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
~ JUDGE
o CLERK OF ORPHANS COURT
MAILED: 10-10-07
""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
'jjlh~tzflJ ~haMLJl_
Deputy
Clerk of Orphans' Court