HomeMy WebLinkAbout01-17-08
DEe 11 20011
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IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: CAROLYN KIRK,
An Alleged Incapacitated Person
O.c. No. 2/,(\1-/(2../
FINAL DECREE -ADJUDICATION OF TOTALLY INCAPACITATED PERSON
AND APPOINTMENT OF PERMANENT PLENARY GUARDIAN
OF PERSON AND ESTATE
AND NOW, this
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day of
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~ 20.!t, based upon
the evidence received and the record, this Court finds, by clear and convincing
evidence, that Carolyn Kirk is adjudged a totally incapacitated person.
The Court finds that Carolyn Kirk suffers from dementia, a condition or
disability which totally impairs her capacity to receive and evaluate information
effectively and to make and communicate decisions regarding the management of her
personal and financial affairs.
Pennsylvania Guardianship Association is appointed Permanent Plenary
Guardian of the PERSON and ESTATE of Carolyn Kirk. The Guardian shall not post a
court approved bond. The Guardian shall file a report in compliance with 20 Pa. C.S. 9
5521(c) within ninety (90) days of this order and annually thereafter. Once Carolyn Kirk
qualifies for Medical Assistance benefits, Pennsylvania Guardianship Association shall
be entitled to a monthly fee of $100.00 in accordan&.i~~:~~J8~~mia Medical
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Assistance Regulations.
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The Guardian of the ESTATE shall be able to enter a safe deposit box, if any, in
the name of Carolyn Kirk without prior Court authorization.
The Guardian of the Person and the Guardian of the Estate, if not the same, shall
cooperate 'to prepare a budget to cover the cost of providing nursing care services to the
person of Carolyn Kirk.
The Guardian of the Estate shall have the authority and responsibility to manage
and use Carolyn Kirk's property primarily for her benefit and secondarily for the
benefit of her legal dependents in accordance with 20 Pa. C.5. 95536(a). Pursuant to 20
Pa. c.s. 9 5536(a), the Guardian of the Estate is authorized to spend income for the
aforesaid purposes without the Court's written approval. The Guardian of the Estate
may also spend principal assets, if any, for the care and maintenance of Carolyn Kirk
and to establish an appropriate, reasonable burial reserve without court approval.
This Decree herein voids any existing power of attorney instruments.
The aforementioned judicial determinations have taken into consideration the
matters required by 20 Pa. C.S. 95512.1. The Court's findings of fact and conclusions of
law have been placed on the record at the evidentiary hearing.
BY THE COURT:
/ld,
J.
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: CAROLYN KIRK
AN ALLEGED INCAPACITATED PERSON
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-07-1121
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 01/17/08
JUDGE'S INITIALS: KAH
TIME STAMP DATE: 01/17/08
IN RE: FINAL DECREE
SERVICE TO:
P A GUARDIANSHIP ASSOC.
KIRK SOHONAGE ESQ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
~ HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 01/17/08
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:
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Clerk of Orphans' Court