HomeMy WebLinkAbout03-13-09 (2)IN RE: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
PATRICK R. SHUMATE, ,
an Incapacitated Person
. No. ~l I - (~ _ ~~~
FINAL ORDER OF COURT
APPOINTING PLENARY GUARDIANS OF THE ESTATE AND PERSON
AND NOW, this 13t" day of March, 2009, a hearing in this case having been held
on March 13, 2009, and it appearing to the Court that PATRICK R. SHUMATE was
properly served with a Citation and Notice of his hearing, this Court finds from the
testimony as follows:
1. Patrick R. Shumate, medically, receives extensive assistance with
his activities of daily living care and has no ability to understand his condition.
His incapacities are not expected to significantly lessen or change.
2. Patrick R. Shumate is unable to manage his own affairs, including
making decisions about his medical care, the payment of his bills, or the
disposition of his income for his own benefit. His condition or disability totally
impairs his capacity to receive and evaluate information effectively and to make
and communicate decisions concerning his medical care, his place of residence
and management of his financial affairs.
3. There exists no other less restrictive alternative mechanism for
consenting to medical treatment, personal decision making and making financial
decision other than a permanent plenary guardianship for his Estate and Person.
4. Based on the total incapacity of Patrick R. Shumate to receive and
evaluate information and to make or communicate decisions, a plena>~Guardi `"`'
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of his Estate and Person is required on a permanent basis. ~ ~ ~ -
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5• The guardians shall not be required to post bond or otherwise enter
security for their appointment.
NOW, THEREFORE, based on the clear and convincing evidence supporting the
foregoing findings it is ORDERED, ADJUDGED AND DECREED that PATRICK R.
SHUMATE be and is hereby adjudged a totally incapacitated person, and that THOMAS
K. SHUMATE and SUSANNE M. SHUMATE, (the "Guardians of the Estate"), are
appointed. Plenary Permanent Guardians of his Estate and Person.
An Inventory must be filed within ninety (90) days. A report by the Guardian
shall be filed within thirty (30) days and annually thereafter.
PATRICK R. SHUMATE, an incapacitated person, has the right to appeal this
Order of Court by filing exceptions within ten days of this date or to petition this Court
for a review hearing to modify or terminate the guardianship herein established.
The Guardian shall serve upon and read to PATRICK R. SHUMATE the
Statement of Rights, a copy of which is attached to this Order as Exhibit "A", and file
proof of such service with this Court within ten days.
BY~TAHE COURT:
''~\
J.
• ORPHANS' COURT DIVISION
In Re: PATRICK R SHUMATE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-09-0089
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 03-13-09
JUDGE'S INITIALS: MT.R
TIME STAMP DATE:
IN RE: FINAL ORDER OF COURT APPOINTING PLENARY GUARDIANS OF THE ESTATE AND
PERSON
SERVICE TO: J_RONALDO LEGASPI ESO
SUSANNE M SHUMATE
HAND DELIVERED BY MW
METHOD OF MAILING:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER
MAILED: 03-13-09
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: MARK F BAYLEY ESO
MAILED BY JN
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS
^ RRR ^ PE"I'ITIONER
^ HAND DELIVERED ^ JUDGE
^ OTHER ®CLERK OF ORPHANS COURT
MAILED: 03-13-09
1
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Deputy \ /
Clerk of ~l~ns° Court