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HomeMy WebLinkAbout05-01-08 INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. HOERNER, An Incapacitated Person ORPHANS' COURT DIVISION : NO. 21-06-0217 (") Co ~~ ~.':a; (") -'JZI'""'" ~ ~~ L en /~ g8~ P::o -i ;cl ,...." = r.~ en 3': > -< I PETITION FOR ALLOWANCE OF GUARDIAN FEE AND NOW COMES THE PETITIONER, the Area Agency on Aging, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is the Area Agency on Aging, in and for Cumberland County, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. On March 13,2006, Petitioner filed a Petition for the Appointment of Emergency Plenary Guardian of the Person and Estate of Nancy J. Hoerner and for Permanent Plenary Guardian of the Person and Estate of Nancy J. Hoerner. 3. On March 14, 2006, after a Hearing, Petitioner was appointed Emergency Plenary Guardian of the Person and Estate of Nancy J. Hoerner. 4. On April 6, 2006, Nancy J. Hoerner was adjudicated an incapacitated person and Petitioner was appointed Permanent Plenary Guardian of the Person and Estate of the " :JJ:: ~ U\ t--. - [,',..r) 1~-~~) ., said Nancy J. Hoerner. A copy of the appointment of the Petitioner is attached hereto, marked as Exhibit "A" and incorporated herein by reference. 5. Medical Assistance regulations as set forth in Nursing Care Handbook instructions allow for the payment of Guardian fees as a deduction when determining contribution toward cost of care. 6. The amount of the Guardian's fee that is allowable as a deduction is the actual fee paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per month, whichever is less. 7. The said Nancy J. Hoerner receives monthly social security benefits which, at the time ofthe filing of the Guardianship Petition, was $992.00 per month and is now higher. 8. Petitioner believes and, therefore, avers that it is entitled to receive payment of a Guardianship fee as allowed by Medical Assistance regulations and that said fee be a deduction toward the cost of the care of Nancy J. Hoerner. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting payment of a Guardian fee to Petitioner subj ect to a maximum of 10% of Nancy J. Hoerner's gross monthly income or $100.00 per month, whichever is less. Respectfully submitted, Datei/~ ~~r- r/6Df ~- -,-- -a Anthony L. D 113 Front Street P.O. Box 358 Boiling Springs, P A. 1 7007 (717) 258-6844 ill No. 18067 VERIFICA nON I hereby verify that the facts and information set forth in the foregoing Petition for Allowance Of Guardian Fee are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: A ~r; \ <1~. aoo fS d~ r o..uQQ Janet Paull IN THE MATIER OF THE PERSON AND ESTATE OF: : IN THE COURT OF COMIvION PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. HOERNER, AN ALLEGED INCAPACITATED PERSON ORPHANS' COURT DIVISION NO. 21-06- 0217 FINAL DECREE ;. c.....) -~t-'l -Tl . ,;="-) f'rl AND NOW, this ,... day of April, 2006, this matter having been calleC!:for a \.0 N hearing, the Court finds, upon clear and convincing evidence, that Nancy J. Hoerner, is N an incapacitated person in that she suffers from a mental impairment that prevents her from receiving and evaluating information effectively and prevents her from formulating and communicating decisions to such a significant extent that she is unable to manage her financial affairs or meet essential requirements for her physical health and safety on a daily basis. The Court appoints the Area Agency on Aging, in and for Cumberland County, Pennsylvania, as Permanent Plenary Guardian of the Person and Estate of Nancy J. Hoerner. The Area Agency on Aging, as Permanent Plenary Guardian of her Person and Estate, shall also be authorized to place her in whatever facility would be appropriate for her care and safety. BY THE COURT, :jr.~::: tL J. Anthony L. DeLuca, Esquire For Area Agency on Aging Are::! A opnl"v on A mno ~ - ~ ~O-~~-J ~ ~ ~~~o A TRUECQPYFROM RECORu In Testimony wheret, I M.reunto ~et my hand and the seal of said Court at Carlisle, PA "- t.. . 11lisb+h dayof Opril 200h .JJ1i1i:;}t:::::~ . Cumberland County ~ Michael J. Whare, Esquire Court-Appointed for Nancy J. Hoemer EXHIBIT "A"