HomeMy WebLinkAbout12-19-07
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. ~/-O?-It)/B'
ESTATE OF JEAN A. WOLFE,
AN ALLEGED INCAPACITATED PERSON
Social Security Number 201-16-5212
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FINAL DECREE
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Now, this ~ day of tle~L.<i, 2007, based upon the evidence receiv~
and the record, this Court finds by clear and convincing evidence that JEAN A. WOLFE
is, and therefore is adjudged, a totally incapacitated person.
The Court finds that JEAN A. WOLFE suffers from dementia, which condition
totally impairs her capacity to receive and evaluate information effectively and to make
and communicate decisions concerning the management of her financial affairs or to
meet essential requirements for her physical health and safety. These judicial
determinations have taken into consideration the matters required by 20 Pa. C.S.A.
g5512.1.
Accordingly:
A. APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON:
Glenn C. Thompson, who resides at 9 Morari Drive, Dillsburg, Pennsylvania, a
nephew of the incapacitated person, is hereby appointed Plenary Guardian of the
PERSON, and shall have authority to act on behalf of JEAN A. WOLFE, to provide for
the general care, maintenance and custody of the said incapacitated person. The Plenary
Guardian of the PERSON shall arrange for medical, psychological and psychiatric
services and social and vocational opportunities, as appropriate. The Plenary Guardian of
the PERSON shall assist said incapacitated person in the development of maximum self-
reliance and independence. The Plenary Guardian of the PERSON shall have authority to
give consent for and to withhold surgical or medical treatment, except that which is
excluded by 20 Pa. C.S.A. g5521(d). The Plenary Guardian of the PERSON shall file
with the Clerk of the Court a report on the social, medical and other relevant conditions,
as required by 20 Pa. C.S.A. g5521(c), within twelve months of this Decree and annually
thereafter.
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B. APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE:
Glenn C. Thompson, who resides at 9 Morari Drive, Dillsburg, Pennsylvania, a
nephew of the incapacitated person, is hereby appointed Plenary Guardian of the
ESTATE and shall have authority and responsibility to manage and use the
incapacitated person's property for her benefit in accordance with 20 Pa. C.S.A.
g5536(a). The Plenary Guardian of the ESTATE shall take control of the
incapacitated person's property and assure that it is adequately protected against loss;
shall invest said property in investments suitable to the incapacitated person's
circumstances; shall pursue the incapacitated person's outstanding claims; shall, if
necessary, seek an accounting from such one or more persons as have controlled the
incapacitated person's property; shall establish a budget and shall file a report with
the Clerk of the Orphan's Court about assets, investments, receipts and
disbursements, as required by 20 Pa. C.S.A. g5521 (c), within twelve months of this
Decree and annually thereafter. The Plenary Guardian shall file an inventory with the
Court in accordance with 20 Pa. C.S.A. g5521 and 5142 within three months of this
Decree. According to 20 Pa. C.S.A. g5536(a) the Plenary Guardian of the ESTATE
is authorized to spend income, and, if necessary for the health, support and welfare of
the incapacitated person, principal from the estate of the incapacitated person, for the
aforesaid purposes without the Court's written approval. The Plenary Guardian of the
ESTATE shall not be required to post a bond.
C. REVOCATION OF INCAPACITATED PERSON'S POWERS OF
ATTORNEY:
Any existing general power of attorney, limited power of attorney and/or health
care power of attorney executed by the incapacitated person is hereby specifically
revoked and rendered null and void.
D. RIGHT OF APPEAL:
The incapacitated person has the right to appeal this Decree to the Superior Court
of Pennsylvania within thirty (30) days of this Decree.
The aforementioned judicial determinations have taken into consideration the
matters required by 20 Pa. C.S.A. g5512.1. The findings of fact and conclusions of
law have been made of record at the evidentiary hearing.
BY THE COURT:
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In Re: JEAN A WOLFE
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-07-1018
CERTIFICA TE OF SERVICE OF ORDER
ORDER DATE: 12-19-07
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 12-19-07
IN RE: FINAL DECREE
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SERVICE TO:
R MARK THOMAS ESO
METHOD OF MAILING:
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DOTHER_
D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED: 12-19-07
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SERVICE TO:
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MAILED:
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF JEAN A. WOLFE,
AN ALLEGED INCAPACITATED
PERSON
NO. 21-07-1018
IN RE: PETITION FOR ADJUDICATION OF INCAPACITY AND
APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN
ACCORDANCE WITH 20 PA. C.S.A. SECTION 5511
BEFORE OLER J.
OPINION AND ORDER OF COURT
Oler, J, December 19, 2007.
At issue In the present case is whether Jean A. Wolfe
should be adjudicated an incapacitated person on a permanent basis,
and, if so, whether her nephew, Glenn C. Thompson of Dillsburg,
Pennsylvania, should be appointed plenary guardian of her person
and estate.
A hearing was held in this matter on December 19,
2007.
The allegedly incapacitated person was present for the
hearing, as was her court-appointed counsel, Lorin A. Snyder,
Esquire.
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 lS Jean A.
Wolfe, who was born on January 4, 1924, and is presently domiciled
at the Church of God Nursing Home, 801 North Hanover Street,
Carlisle, Cumberland County, Pennsylvania.
2. The Petitioner and proposed guardian with respect
to Ms. Wolfe lS Glenn C. Thompson, an adult individual residing at
9 Morari Drive, Dillsburg, York County, Pennsylvania, 17019;
Petitioner is Ms. Wolfe's nephew.
3. The alleged incapacitated person suffers from a
condition of dementia of the Alzheimer type; the onset of this
illness was in 2001, and it is a progressive condition.
4. 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.
S. The prognosis with respect to the allegedly
incapacitated person at this time is not favorable with regard to
an improvement of her condition.
6. The value of the allegedly incapacitated person's
estate is probably in excess of $100,000 but not significantly so.
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 this time to be indefinite, and, for practical
purposes, permanent.
9. The proposed guardian, Glenn C. Thompson, lS an
appropriate individual to serve as guardian of Ms. Wolfe's person
and estate under the Probate, Estates and Fiduciary's Code.
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 the Pennsylvania Probate, Estates and
Fiduciaries Code. The Petitioner has substantially complied with
these provisions, and based upon the foregoing Findings of Fact,
the following Order of Court will be entered:
FINAL DECREE
Now, this 19th day of December, 2007, based upon the
evidence received and the record, this Court finds by clear and
convincing evidence that JEAN A. WOLFE lS, and therefore is
adjudged, a totally incapacitated person.
The Court finds that JEAN A. WOLFE suffers from
dementia, which condition totally impairs her capacity to receive
and evaluate information effectively and to make and communicate
decisions concerning the management of her financial affairs or to
meet essential requirements for her physical health and safety.
These judicial determinations have taken into consideration the
matters required by 20 Pa. C.S.A. Section 5512.1.
Accordingly:
A. APPOINTMENT OF PLENARY GUARDIAN IN THE PERSON:
Glenn C. Thompson, who resides at 9 Morari Drive,
Dillsburg, Pennsylvania, a nephew of the incapacitated person, is
hereby appointed Plenary Guardian of the PERSON, and shall have
authority to act on behalf of JEAN A. WOLFE, to provide for the
general care, maintenance and custody of said incapacitated person.
The Plenary Guardian of the PERSON shall arrange for medical,
psychological and psychiatric services and social and vocational
opportunities, as appropriate.
The Plenary Guardian of the PERSON shall assist said
incapacitated person in the development of maximum self-reliance
and independence. The Plenary Guardian of the PERSON shall have
authority to give consent for and to withhold surgical or medical
treatment, except that which is excluded by 20 Pa. C.S.A. Section
5521(d). The Plenary Guardian of the PERSON shall file with the
Clerk of the Court a report on the social, medical and other
relevant conditions, as required by 20 Pa. C.S.A. Section 5521(c),
within twelve months of this Decree and annually thereafter.
B. APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE:
Glenn C. Thompson, who resides at 9 Morari Drive,
Dillsburg, Pennsylvania, a nephew of the incapacitated person, is
hereby appointed Plenary Guardian of the ESTATE and shall have
authority and responsibility to manage and use the incapacitated
person's property for her benefit in accordance with 20 Pa. C.S.A.
Section 5536(a). The Plenary Guardian of the ESTATE shall take
control of the incapacitated person's property and assure that it
is adequately protected against loss; shall invest said property in
investments suitable to the incapacitated person's circumstances;
shall pursue the incapacitated person's outstanding claims; shall,
if necessary, seek an accounting from such one or more persons as
have controlled the incapacitated person's property, shall
establish a budget and shall file a report with the Clerk of the
Orphan's Court about assets, investments, receipts and
disbursements, as required by 20 Pa. C.S.A. Section 5521(c), within
twelve months of this Decree and annually thereafter. The Plenary
Guardian shall file an inventory with the Court in accordance with
20 Pa. C.S.A. Section 5521 and 5142 within three months of this
Decree. According to 20 Pa. C.S.A. Section 5536(a) the Plenary
Guardian of the ESTATE is authorized to spend income, and, if
necessary for the health, support and welfare of the incapacitated
person, principal from the estate of the incapacitated person, for
the aforesaid purposes without the Court's written approval. The
Plenary Guardian of the ESTATE shall not be required to post a
bond.
C. REVOCATION OF INCAPACITATED PERSON PERSON'S POWERS
OF ATTORNEY:
Any existing general power of attorney, limited
power of attorney and/or health care power of attorney executed by
the incapacitated person is hereby specifically revoked and
rendered null and void.
D. RIGHT OF APPEAL:
The incapacitated person has the right to appeal
this Decree to the Superior Court of Pennsylvania within thirty
(30) days of this Decree.
The aforementioned judicial determinations have
taken into consideration the matters required by 20 Pa. C.S.A.
Section 5512.1.
The findings of fact and conclusions of law have
been made of record at the evidentiary hearing are attached hereto.
By the Court,
/s/ J. Wesley Oler, Jr.
J.
Anthony L. DeLuca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
For the Petitioner
Lorin A. Snyder, Esquire
28 South Pitt Steet
Carlisle, PA 17013
For Jean A. Wolfe
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In Re: Jean A Wolfe
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-07-1018
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 12-19-08
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 12/19/08
IN RE: FINAL DECREE/OPINION AND ORDER
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SERVICE TO:
ANTHONY DELUCA ESO. LORIN SNYDER ESO
METHOD OF MAILING:
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D JUDGE
D CLERK OF ORPHANS COURT
MAILED: 01-07-08
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SERVICE TO:
(OPINION WAS JUST DONE AND RETURNED TO OUR OFFICE. THAT IS WHY THE
DELAY IN MAILING AND THE TIME STAMP)
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MAILED:
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Cler of Orphans' Court