HomeMy WebLinkAbout05-01-08
INRE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH FLOYD,
An Incapacitated Person
: ORPHANS' COURT DNISION
: NO. 21-07-0365
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PETITION FOR ALLOW ANCE OF GUARDIAN FEE ::t: -:: 'B
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AND NOW COMES THE PETITIONER, the Area Agency on Aging, i~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 April 13, 2007, Petitioner filed a Petition for the Appointment of Permanent
Plenary Guardian of the Person and Estate of Elizabeth Floyd.
3.
On May 15, 2007, after a Hearing, Petitioner was appointed Permanent Plenary
Guardian of the Person and Estate of Elizabeth Floyd.
4.
On May 15,2007, Elizabeth Floyd was adjudicated an incapacitated person and
Petitioner was appointed Permanent Plenary Guardian of the Person and Estate of the
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said Elizabeth Floyd. 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 Elizabeth Floyd receives monthly social security benefits which, at the
time of the filing of the Guardianship Petition, was $1,534.00 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 Elizabeth Floyd.
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an
Order granting payment of a Guardian fee to Petitioner subject to a maximum of 10% of
Elizabeth Floyd's gross monthly income or $100.00 per month, whichever is less.
Respectfully submitted,
Date:~ /' S- ,.;JdOtf'
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Anthony L. uca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, P A. 17007
(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: _~ l' J ~ \
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Janet Paull
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ELIZABETH FLOYD,
Alleged incapacitated person: 21-07-0365 ORPHANS' COURT
ORDER OF COURT
AND NOW, this 15th day of May, 2007, based on the
evidence received, this Court finds by clear and convincing
evidence that Elizabeth Floyd is a totally incapacitated person
in need of plenary guardianship services. The Court finds that
Mrs. Floyd, age 85, suffers from dementia caused by Alzheimer's
disease and/or vascular pathology of the brain. These conditions
impair her capacity to receive and evaluate information
effectively and to communicate decisions regarding the management
of her physical health and safety. Accordingly, the Cumberland
County Office of the Aging is appointed permanent plenary legal
guardian of the person and estate of Elizabeth Floyd. The
guardians are directed to file reports in accordance with the
provisions of the Probate Estates and Fiduciary Code applicable
to such guardians.
By the Court,
M. ~b~,~r
Exhibit "A"
Anthony DeLuca, Esquire
For the Office of Aging
Mark F. Bayley,
Court-appointed
Esquire
for Elizabeth ~COPY FROM RECORu
In Testimony wherof, I hereunto
set my hand and the seal
of said Court at Carlisle, PA
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