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HomeMy WebLinkAbout01-0637 IN THE MATTER OF BRIAN HOLT An Alleged Incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. INCAPACITATED PERSON PETITION FOR APPOINTMENT OF A PERMANENT GUARDIAN OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5511 1) Your Petitioner is Robert L. O'Brien, Esquire, Solicitor for the Cumberland/Perry Counties Mental Health/Mental Retardation Office. 2) Respondent is Brian Holt, an incapacitated person, currently receiving care at 1 Brandywine Drive, Mechanicsburg, PA, 17055. Respondent is an adult individual being presently 21 years of age with a birth date of 8/13/79. Attached hereto, marked as Exhibit "A", and incorporated herein by reference is a Petition prepared by the Cumberland County MH/MR Office. 3) Petitioner requests that the Court appoint Janet Holt, as a permanent guardian to insure the continuation and availability of care and treatment for Respondent. The proposed guardian has no interest adverse to that of Respondent. Petitioner avers that Brian Holt suffers from a condition of mental retardation and that said condition will never improve to the point of competency. 4) Brian Holt has no assets and his income consists of social security benefits. 5) Brian Holt's next of kin are Janet Holt, mother; Jeffrey Holt, father; Melissa Holt, sister, who reside at 1 Brandywine Drive, Mechanicsburg, PA, 17055. 6) Attached hereto and incorporated herein are reports outlining his physical and psychological condition. WHEREFORE, Petitioner, Robert L. O'Brien, respectfully requests that the Court order that Respondent Brian Holt be adjudged an incapacitated person and that Janet Holt be appointed as Plenary Guardian of his estate and person. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY r ~D6fV-.JA- Robert L. O'Brien, Esquire Solicitor for the Cumberland County MH/MR Office 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 IN THE MATTER OF IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLV ANlA AN ALLEGED lNCOMPETENT ORPHANS' COURT DIVISION IN RE NO. PETITION FOR APPOlNTMENT OF A TEMPORARY GUARDIAN OF THE PERSON PURSUANT TO 20 Pa. C.S.A. 5513 The Petition of Brian Holt , respectfully represents: 1. Your Petitioner is Janet Holt 2. Brian Holt is currently receiving care at 1 Brandvwine Drive, Mechanicsburg, P A 17055 3. Brian Holt domiciled at 1 Brandvwine Drive, Mechanicsburg" P A 17055 4. Brian Holt IS 21 years of age having been born on 8/13/1979 5. Brian Holt's marital status is single, never married. . 6. Those persons, if any, who are Brian Holt's next-of- kin and their relationship to same, of whom your Petitioner has knowledge are as follows: Janet Holt, mother: Jeffrey Holt, father: Melissa Holt, sister Exhibit "A" 7. No other Court within the Commonwealth of which Petitioner has knowledge has appointed a guardian for Brian Holt Janet Holt Brian Holt Person of Brian Holt appoint. WHEREFORE, Petitioner prays this Court place Brian Holt 8. 9. 10. 11. Brian Holt is mentally retarded. Because of mental deficiency, Brian Holt lacks sufficient capacity to make or communicate responsible decisions concerning his/her person as set forth in the attached Affidavit prepared by marked as Exhibit A and made a part hereof. Brian Holt is in need of residential mental retardation servIces. Brian Holt at PersonIFamily Directed Support Waiver has been accepted for placement upon the condition that a guardian of the person be appointed to consent to said placement on his/her behalf. 12. , having no interest adverse to , has agreed to act as Temporary Guardian ofthe if this Honorable Court shall so under the temporary guardianship of Janet Holt , pursuant to 20 Pa. C.S.A. ~ 5513 and empower said temporary guardian to provide substitute consent for such community-based or institutional services as may be necessary to provide for his/her needs. BY:~~ IN THE MATTER OF IN THE COURT OF COMMON PLEAS COUNTY,PENNSYLVANlA AN ALLEGED INCOMPETENT ORPHANS' COURT DIVISION IN RE NO. COMMONWEALTH OF PENNSYLVANIA ss#: COUNTY OF 't"., ,." , '. ~ " l".'..,, . I' .,..~ .,...._ . .,,.j' I )11/'"1 J - .",.. i ".~,. {/ ..,-", it /! (', , being duly sworn according to law, deposes and say that: 1. He is a licensed, practicing physician who is employed at " .1- ' I ~- ~", ...: /- 'I.j "i t",'1 :j".,. II.' i i t (1 where on Ill"1 ~,c'(,\; , he examined patient therein: f viz: (Name) Brian Holt , (Age)--.1L (Sex) Male , who was admitted from 1 Brandywine Dr., Mechanicsburg, P A 17055 ,on , _, with a history of Mental Retardation '" ',l.' .- '- ~ "]/___ ':, :s I - , ',/)~) {:..C /' t:::. I At the examination, the following symptoms were observed: ", "r"'" ~ ...~ ',. - ,'" I .'1:;;,.,.... '/;~,/ (.;..""Yi I ' '.. i '. f':. ,I'" /..,. I , '.~J'- ,'J' , 'I " ~ '.'j -- ., ~ r,' 1', I '" I ) ,. ..... / .- ;/ r 1;, i ; "I ~ ) " J ,. ... ~ wi.... ",. J' , fi ~;- .t i'.,; I .. 'I ...." J6 ,_ ,r '.,it from which the diagnosis made is: hot 1" {",-- "."..., '''' ~ t ..... .-...,,: 'I fj i ""- \;/ '- with a prognosis as follows: j, , n -4- ,','-..' [ f\i\ .st.-.~.)<_.. :M i'.'-~':'" -J,\.d",.'l;~C.J...(>/"""'" . .- _~>" (I'" 2. On the basis of the foregoing history and examination, the affiant is of the opinion that Brian Holt , because of mental deficiency, lacks sufficient capacity to make or communicate responsible decisions concerning his/her choice to receive community-based or institutional services for the mentally retarded. 3. Because of the physical or mental condition of said patient, his/her welfare would/would not be promoted by his/her presence in Court. .. ,," ,', ( .' _.1"- i' i i ~ SWORN TO AND SUBS.CRIBED BEFORE ME THIS ~ DAY OF ,m o KIM ,L CRUZ, Notary Public Hemsburg. D!Yphin County Commls8ion Expires Feb. 27, iOO3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AFFIDA VIT Janet Holt , Petitioner in this matter, being duly sworn according to law, do depose and state that I am Janet Holt of 1 Brandvwine Drive., Mechanicsburg, P A 170Sj and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. peti~ d-tr S~wORN' TO ANTI SlJBSCRIBED BEFORE ME, THIS 7 DAY OF -m~ ,20f2l. cj)~ (( ~ NOTARY PUBLIC t"Jct-9.~'~a~ S(~,"tl Patricia 1\: i.,i:')t:ri1. (\;,}l,.rj Public i J;,a~~~~~;~~;~E~";.~~~~~? ~~::~~~4~ :,'" !0'nt;ef. F~nr~'Y~~';:.}'l:t .:".Gf.j(l~~hlon ui i~O\.cU .e~ IN THE MATTER OF BRIAN HOLT An Alleged Incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ~,-O/.("37 INCAPACITATED PERSON NOTICE A petition to have you adjudged an incapacitated person has been filed with this Court by Robert L. O'Brien, Esquire. A hearing is scheduled in this matter for 7Jzncl~ ,the,,1 J ,... day of 4 ~, 2001, at "f.-tV". m .Ip.m., in Courtroom tI - # L, Cumberland County Courthouse, Carlisle, Pennsylvania. You are strongly encouraged to be present at the hearing, and you are warned that important rights may be lost as a result of the proceeding. You have the right to be represented by counsel and the right to request the appointment of counsel and to have counsel so appointed paid by the Court where you are unable to afford to pay an attorney. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE MATTER OF BRIAN HOLT An Alleged Incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. INCAPACITATED PERSON TO BRIAN HOLT, IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with this Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including your right to manage money and property and to make decisions. A copy of the Petition which has been filed by Robert L. O'Brien is attached. You are hereby ordered to appear at a hearing to be held in Courtroom No. _, Courthouse, Carlisle, Pennsylvania, on , the _day of _ , 2001 , at _ _.M. to tell the Court why it should not find you to be an Incapacitated Person and appoint a Guardian to act on your behalf. To be an Incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation be conducted as to your alleged incapacity. If the Court decides that you are an Incapacitated Person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited or full powers to act for you. If the Court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money or other property. If the Court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the Court will still hold the hearing in your absence and may appoint the Guardian requested. By: IN RE: BRIAN HOLT AN ALLEGED INCOMPETENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : NO. 21-2001-0637 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage money and property and to make decisions. A copy of the petition which has been filed by ROBERT L. O'BRIEN, ESQ. is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. J, Cumberland County Courthouse, Carlisle, Pennsylvania, on MONDAY, AUGUST 27TH ,2001, at 2:00 P.M. to tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the court will still hold the hearing in your absence and may appoint the Guardian requeste \ . ' .-'-- BYVY } CI 1<:, Cumber nd County, Carlisle, P A My Commission Expires 1 st Monday, January, 2002 IN THE MATTER OF BRIAN HOLT An Alleged Incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ~1-O(-{P31 INCAPACITATED PERSON ORDER OF COURT AND NOW, this 1/ t1uday of ~ 2001, upon review of the ;t..- attached Petition, a hearing is scheduled in this matter for~, the .21 day of ,Jr' 2001, at ,; :111 a.m.l@ in Courtroom #~, Cumberland County Courthouse, Carlisle, Pennsylvania. Personal service of this Order and accompanying Notice and Petition shall be caused to be made upon the alleged incapacitated person by Petitioner in accordance with the Probate, Estates and Fiduciaries Code. Notice shall also be given to all other persons and entities required to be notified under the Code. Proof of service shall be furnished at the above-scheduled hearing. BY THE COURT, J. -'.,1 BRIAN HOLT An Alleged Incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF NO. 91-01-637 INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF A GUARDIAN OPINION AND ORDER OF COURT BEFORE HOFFER. P.J.. The present case is before the Court on the Petition of Robert L. O'Brien, Esquire, solicitor for the Cumberland/Perry Mental Health/Mental Retardation Office. It is requested that Brian Holt be adjudicated an incapacitated person, and that a guardian be appointed. Following a hearing, the following Findings of Fact and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person suffers from Charge Syndrome. 2. The extent of the individual's capacity to make and communicate Ii I decisions is severely limited by virtue of the aforesaid conditions. 3. Notwithstanding that the allegedly incapacitated person enjoys the support of the agency here involved and his mother, Janet Holt, the individual does need guardianship services. 4. The type of guardian required is a one of both the person and the estate. 5. The duration of the guardianship involved would be pending further Order of Court. 6. The proposed guardian, Janet Holt, has no interest adverse to that of Brian Holt. As a consequence of the foregoing Findings of Fact, the following Order of Court is entered. '" ORDER OF COURT AND NOW, this 2.-7 day of August, 2001 based upon the Petition for Appointment of a Permanent Guardian pursuant to 20 Pa. C.S.A. 5511, and following a hearing, the Court finds that the allegedly incapacitated person, Brian Holt is an incapacitated person in that, because of Charge Syndrome, he is unable to receive and evaluate information effectively and communicate decisions sufficiently, and to such a degree that he is unable to manage his financial resources or to meet the essential requirements for his physical health and safety. He is, therefore, adjudicated an incapacitated person, and Janet Holt is appointed Plenary Guardian of his property and person. This Order shall continue pending further Order of Court. BY THE COURT, ROBERT L. O'BRIEN, ESQUIRE Solicitor for Cumberland/Perry MH/MR