HomeMy WebLinkAbout12-08-06 (2)
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IN RE: DAVID L. MAYS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
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NO. 21-06-0980 ORPHANS' CO~O
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PETITION FOR APPOINTMENT OF GUARDIAN OF THE P,~N
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(ESTATE OF AN ALLEGED INCAPACITATED PERSON}~~
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An alleged incapacitated
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BEFORE OLER, J.
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ORDER OF COURT
AND NOW, this 4th day of December, 2006, upon
consideration of the Petition for Appointment of Guardian of the
Person and Estate of an Alleged Incapacitated Person with respect
to David L. Mays, following a hearing at which the allegedly
incapacitated person's presence was excused pursuant to Court
Order, and at which evidence was presented by the Petitioner in the
form of her own testimony and deposition testimony of Michael L.
Gluck, M.D., and for the reasons stated in the accompanying
opinion, David L. Mays is adjudicated an incapacitated person and
his spouse, Wanda Mays, is appointed permanent plenary guardian of
his person and estate.
The guardian shall timely file with the Court all
reports and accounts required by statute. No bond shall be
required of the guardian.
As plenary permanent guardian of the person, Wanda
Mays shall have the authority to access all of David L. Mays'
medical records, including but not limited to psychiatric records,
and to make all decisions regarding medical treatment and life
support. As plenary permanent guardian of the estate, Wanda Mays
shall be responsible for managing David L. Mays' financial affairs
in her capacity as guardian, as set forth under the Probate,
Estates and Fiduciary's Code, 20 Pa. C.S. ~5501 et seq. The
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guardian shall have all powers stated thereunder as are necessary
to manage David L. May's personal and financial affairs, and
specifically the guardian shall have the power to manage David L.
May's USAA and AFBA life insurance policies, any and all
securities, mutual fund accounts, certificates of deposits,
including cashing out or withdrawing any funds.
The guardian shall further have the power to transfer
the real property located at 173 Creek Road, Newville,
Pennsylvania, 17241 (the residence) to herself as the community
spouse, pursuant to the Probate Estates and Fiduciary Code 20 Pa.
C.S.A. :55536(b) (2).
David L. Mays is hereby notified of his right to
petition at any time for a modification or termination of the
guardianship provisions contained in this order and of his right to
appeal from the adjudication herein within 30 days to the
Pennsylvania Superior Court.
By the Court,
Jr., J.
Jacqueline A. Kelly, Esquire
845 Sir Thomas Court
Ste. 12
Harrisburg, PA 17109
For the Petitioner
David L. Mays
4950 Wilson Lane
Mechanicsburg, PA 17055
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: DAVID L MA Y, AN ALLEGED INCAPACITATED PERSON
CUMBERLAND COUNTY
PENNSYL VANIA
NO.2 I -06-0980
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 12/04/06
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 12/08/06
IN RE: ORDER OF COURT
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SERVICE TO:
JACQUELINE A. KELLY, ESQ.
DA VID L. MAYS
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[gJ USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
[gJ JUDGE
o CLERK OF ORPHANS COURT
MAILED: 12/08/2006
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
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Clerk of Orphans' Court
IN RE: DAVID L. MAYS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
An alleged incapacitated
person
ORPHANS' COURT DIVISION
NO. 21-06-0980 ORPHANS' COURT
IN RE: PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND
(ESTATE OF AN ALLEGED INCAPACITATED PERSON)
BEFORE OLER, J.
OPINION AND ORDER OF COURT
OLER, J., December 4, 2006
At issue in the present case is whether David L. Mays
should be adjudicated an incapacitated person on a permanent basis,
and, if so, whether the spouse of Mr. Mays, Wanda Mays, should be
appointed plenary guardian of his person and estate. A hearing was
held on this matter on December 4, 2006.
The allegedly incapacitated person was not present in
court for the hearing, his presence having been excused pursuant to
medical deposition testimony to the effect that his condition would
be harmed by his transfer to court.
For the reasons stated in this opinion, the petition
for appointment of a permanent guardian of the person and estate of
David L. Mays will be granted and his aforesaid spouse will be
appointed plenary guardian of his person and estate.
STATEMENT OF FACTS
1. The allegedly incapacitated person is David L.
Mays, a domiciliary of Cumberland County, Pennsylvania, born
September 12, 1938, and presently residing at the HealthSouth
Rehabilitation Center, 4950 Wilson Lane, Mechanicsburg, Cumberland
County, Pennsylvania, 17055.
2. Petitioner lS Wanda Mays, an adult individual
residing at 173 Creek Road, Newville, Cumberland County,
,
Pennsylvania, 17241; she is the spouse of David L. Mays.
3. David L. Mays, the allegedly incapacitated person,
suffers from a condition known as encephalopathy, arising out of a
benign brain tumor, which led to various complications, including
meningitis; the condition of Mr. Mays is relatively recent, having
initially displayed itself in memory lapses in May of 2006, but it
has progressed in the interim to the present severe state.
4. The condition of David L. Mays is such that his
ability to receive and evaluate information effectively and
communicate decisions is impaired to such a significant extent that
he is totally unable to manage his financial resources and totally
unable to meet essential requirements for his physical health and
safety.
5. Unfortunately, there is no indication at the
present time that the allegedly incapacitated person's condition
will significantly improve, although there is always that
possibility.
6. The assets of the allegedly incapacitated person
In his own name total about $200,000.
7. The allegedly incapacitated person is In need of a
plenary guardian of his person and estate.
8. The duration of the necessary guardianships must
be considered at best indefinite.
9. Wanda Mays, the spouse of David L. Mays, is a
person qualified to serve as guardian of his person and estate
under 20 Pa. C.S. ~5511(f).
10. The foregoing Findings of Fact are made on the
basis of clear and convincing evidence.
DISCUSSION
The provisions respecting an adjudication of
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incapacity are contained in the Pennsylvania Probate Estates and
Fiduciary's Code. The Petitioner has substantially complied with
these provisions, and based upon the foregoing Findings of Fact the
following Order of Court will be entered:
ORDER OF COURT
AND NOW, this 4th day of December, 2006, upon
consideration of the Petition for Appointment of Guardian of the
Person and Estate of an Alleged Incapacitated Person with respect
to David L. Mays, following a hearing at which the allegedly
incapacitated person's presence was excused pursuant to Court
Order, and at which evidence was presented by the Petitioner in the
form of her own testimony and deposition testimony of Michael L.
Gluck, M.D., and for the reasons stated in the accompanying
opinion, David L. Mays is adjudicated an incapacitated person and
his spouse, Wanda Mays, is appointed permanent plenary guardian of
his person and estate.
The guardian shall timely file with the Court all
reports and accounts required by statute. No bond shall be
required of the guardian.
As plenary permanent guardian of the person, Wanda
Mays shall have the authority to access all of David L. Mays'
medical records, including but not limited to psychiatric records,
and to make all decisions regarding medical treatment and life
support. As plenary permanent guardian of the estate, Wanda Mays
shall be responsible for managing David L. Mays' financial affairs
in her capacity as guardian, as set forth under the Probate,
Estates and Fiduciary's Code, 20 Pa. c.s. ~5501 et seq. The
guardian shall have all powers stated thereunder as are necessary
to manage David L. May's personal and financial affairs, and
specifically the guardian shall have the power to manage David L.
....
May's USAA and AFBA life insurance policies, any and all
securities, mutual fund accounts, certificates of deposits,
including cashing out or withdrawing any funds.
The guardian shall further have the power to transfer
the real property located at 173 Creek Road, Newville,
Pennsylvania, 17241 (the residence) to herself as the community
spouse, pursuant to the Probate Estates and Fiduciary Code 20 Pa.
C.S.A. S;S536 (b) (2).
David L. Mays lS hereby notified of his right to
petition at any time for a modification or termination of the
guardianship provisions contained in this order and of his right to
appeal from the adjudication herein within 30 days to the
Pennsylvania Superior Court.
By the Court,
/s/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.