HomeMy WebLinkAbout07-09-08IN RE: IN THE COURT OF COMMON PLEAS
JUANA CONCEPCION OF CUMBERLAND COUNTY, PENNSYLVANIA
:ORPHANS' COURT DIVISION
AN ALLEGED n ~ _
INCAPACITATED PERSON NO. 21-08-0569 ~=~ "' -- -
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FINAL DECREE ~~ ~'~~ ~i
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AND NOW, this g " day of Q~ , 2008, based upo~t#~'~vid~ce .-
received and the record, this Court finds by c eal rand convincing evidence tit JUA4AiA -~ ;-}
CONCEPCION is, and therefore adjudged, a totally incapacitated person? ~ - ,
This Court finds that JUANA CONCEPCION suffers from Alzheimer's Disease,
which condition totally impairs her capacity to receive and evaluate information effectively
and to make and communicate decisions concerning the management of her financial
affairs or to meet essential requirements for her physical health and safety. These
judicial determinations have taken into consideration the matters required by 20 Pa.
C.S.A. §5512.1.
Accordingly:
A. APPOINTMENT OF PLENARY GUARDIAN_OF THE PERSON
Altagracia Oquendo, who resides at 445 Silver Spring Road, Mechanicsburg,
Pennsylvania, the daughter of the incapacitated person, is hereby appointed Plenary
Guardian of the PERSON, and shall have authority to act on behalf of JUANA
CONCEPCION, to provide for the general care, maintenance and custody of the said
incapacitated person. The Plenary Guardian of the PERSON shall arrange for medical,
psychological and psychiatric services and social and vocational opportunities, as
appropriate. The Plenary Guardian of the PERSON shall have the authority to give
consent for and to withhold surgical or medical treatment, except that which is excluded
by 20 Pa. C.S.A. §5521(d). The Plenary Guardian of the PERSON shall file as required
by 20 Pa. C.S.A. §5521(c), within twelve months of this Decree and annually thereafter.
B. APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE
Altagracia Oquendo, who resides at 445 Silver Spring Road, Mechanicsburg,
Pennsylvania, the daughter of the incapacitated person, is hereby appointed Plenary
Guardian of the ESTATE and shall have the authority and responsibility to manage and
use the incapacitated person's property for her benefit in accordance with 20 Pa.
C.S.A.§5536(a). The Plenary Guardian of the ESTATE shall take control of the
incapacitated person's property and assure that it is adequately protected against loss;
shall invest said property in investments suitable to the incapacitated person's
circumstances; shall pursue the incapacitated person's outstanding claims; shall, if
necessary, seek an accounting from such one or more persons as have controlled the
incapacitated person's property; shall establish a budget and shall file a report with the
Clerk of the Orphans' Court about assets, investments, receipts and disbursements, as
required by 20 Pa. C.S.A. §5521(c), within twelve months of this Decree and annually
thereafter. The Plenary Guardian of the ESTATE shall file an inventory with the Court in
accordance with 20 Pa. C.S.A. §5521 and 5142 within three months of this Decree.
According to 20 Pa. C.S.A. §5536(a) the Plenary Guardian of the ESTATE is authorized
to spend income, and, if necessary for the health, support and welfare of the
incapacitated person, principal from the estate of the incapacitated person, for the
aforesaid purposes without the Court's written approval. The Plenary Guardian of the
ESTATE shall not be required to post a bond.
C. REVOCATION OF INCAPACITATED PERSON'S POWER OF ATTORNEY:
Any existing general power of attorney, limited power of attorney and/or health
care power of attorney executed by the incapacitated person is hereby specifically
revoked and rendered null and void.
D. RIGHT OF APPEAL:
The incapacitated person has the right to appeal this Decree to the Superior Court
of Pennsylvania within thirty (30) days of this Decree.
The aforementioned judicial determinations have taken into consideration the
matters required by 20 Pa. C.S.A. §5512.1. The findings of fact and conclusions of law
have been made of record at the evidentiary hearing.
BY THE COURT:
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JUANA CONCEPCION,
AN ALLEGED INCAPACIATED PERSON CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-08-0569
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 07-09-08
NDGE'S INITIALS: KAH
TIME STAMP DATE: 07/09/08
IN RE: FINAL DECREE
SERVICE TO: LORIN SYNDER ESO
METHOD OF MAILING:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER
MAILED: 07/09/08
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: JUANA CONCEPCION
ESTEBAN OOUENDO
ALNARDO OOUENDO
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 07/10/08
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
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Deputy ~
Clerk of Orphans' Court