Loading...
HomeMy WebLinkAbout06-25-08~ r..; c... s ~- ~ c~~ ~r j ~ Cw COURT OF COMMON PLEAS ~ ~ ~:,; l : u ; OF CUMBERLAND COUNTY, PENNSYLVANIA -~ _', ~ ~,_f ~_,. ORPHANS' COURT DIVISION `-~! ~ ~- --; -.... :~ .. IN RE: `' APPOINTMENT OF PLENARY CO-GUARDIANS OF THE ESTATE AND NO. 2I-08- I PERSON OF NICOLE M. BOUDER, AN ALLEGED INCAPACITATED PERSON ORDER AND NOW, this ~ day of , , 2008, after consideration of the AMENDED PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY CO-GUARDIANS OF THE ESTATE AND THE PERSON OF AN ADULT CHILD IN ACCORDANCE WITH 20 PA CSA SECT. 5511; FOR WAIVERS OF BOND; HEARING; REPRESENTATION OF COUNSEL; CERTAIN NOTICE REQUIREMENTS; AND FOR AUTHORIZATION TO DO ASSORTED ACTS IN CONNECTION WITH THE ESTATE AND PERSON OF THE ALLEGED INCAPACITATED PERSON, it is hereby ordered and decreed as follows: A. No hearing on the issues raised by this Petition shall be necessary and RANDY BOUDER, also occasionally known as RANDALL BOUDER, and RUTH BOUDER, his wife, are hereby appointed as permanent Plenary Co-Guardians of both the person and the estate of NICOLE M. BOUDER, with the power to act as the same either jointly or individually. B. No bond shall be required by said Petitioners to administer the estate of NICOLE M. BOUDER. C. No counsel need by appointed at this time for NICOLE M. BOUDER under the circumstances of this case. D. No medical testimony need be taken under the circumstances of this case. E. It is unnecessary to have service of Notice of this Petition upon NICOLE M. BOUDER. F. Petitioners are authorized and empowered to take all such actions as are outlined immediately hereinbelow and to do any other acts which may be reasonably necessary to the management of the estate and to the care of the person of NICOLE M. BOUDER. The Co-Guardians may need to and are fully authorized and empowered to do the following which are listed by way of example only and not as a specific set of limitations: A. Complete and submit claim applications for insurance and other similar benefits. B. Disclaim an interest in property or an inheritance. C. Establish a Special Needs Trusts or similar Trusts. D. Close out and open bank accounts or similar accounts. E. Sell any property real or personal and convert it to cash to make such funds available to creditors or other service providers, or to make deposits into or to make additions to Trusts. F. Immediate and unlimited ability and power to use and invade principal and corpus of property of NICOLE M. BOUDER held by her in her own right. G. Pay bills immediately as they come due. H. Open separate accounts if such are required by any government agencies for direct deposit or otherwise. I. File an Inventory. 2 Hire tax accountants to aid with preparation of tax returns and the like which might now, previously or in the future be due. K. Hire consultants to help with making applications to medical institutions, similar facilities, or any other matters for which Petitioners are or might reasonably be in need of consultants. L. Establish a separate funeral fund. M. Make all other decisions and do any and all other acts of whatsoever nature as may reasonably be necessary in the management of the estate of NICOLE M. BOUDER. N. To have full and unfettered access to medical, hospital, and similar records, including any and all records defined and described in the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, ll0 Stat. 1936) more commonly referred to as HIPAA, and/or any similar Acts or regulations as may be passed or amended from time to time. This power shall be full and absolute and shall include the power to grant Releases for the dissemination of such information to others. This power shall be exercisable despite anything to the contrary in any current privacy acts or similar acts or regulations or such as may be passed or adopted from time to time in the future. O. In addition, in general, to make all healthcare and medical treatment decisions which shall include but not be limited to the following: 1. To authorize NICOLE'S admission to or discharge from a medical, nursing, residential or similar facility and to make agreements for her care and for health insurance for her care, including hospice and/or palliative care. This power shall include the power to enter into agreements for her care at the expense of her Estate; to execute any consent or admission forms required by such facility which are consistent with this paragraph, and enter into agreements for her care by such facility or elsewhere during her lifetime or for such lesser period of time as her Guardians may designate. This power shall also include the power to retain nurses for her. 2. To hire and fire medical, social service and other support personnel responsible for her care. 3. To take any legal action necessary to do what is hereinabove authorized and empowered. P. To do all such acts either jointly or individually. G. Payment of counsel fees and filing costs are to be made from the NICOLE M. BOUDER MAXIMIZER STRUCTURED SETTLEMENT ADMINISTATION TRUST. H. This Order shall be docketed and filed in the Office of the Clerk of the Orphans' Court and Certified copies may be made thereof from time to time as may be needed to prove the authorities, empowerments and the appointment of the Plenary Co-Guardians. The Docketing and filing shall be made without a copy of the above-referenced and underlying PETITION or AMENDED PETITION which has been filed in the Prothonotary's Office under Docket No. 97- 3434, Civil Action -Law. Said file is sealed until further Order of this Court. For purposes of reliance by third parties: A true and correct copy of this Order or a Certified Copy of this Order, as the case may be, presented by either one of the Co-Guardians shall be deemed to be and shall be considered to be conclusive proof that the other Co-Guardian has failed to act, or is currently unable to ac ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: NICOLE M. BOUDER, AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY PENNSYLVANIA NO. 21-2008-0679 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 06/24/08 JUDGE'S INITIALS: EEB TIME STAMP DATE: 06/25/08 IN RE: ORDER SERVICE TO: CHARLES SHIELDS METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ®PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED: 06/25/08 SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT MAILED: eputy Clerk of O hans' Court