HomeMy WebLinkAbout05-21-09IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: LOUISE CARL,
An Alleged Incapacitated Person
O.C. No.
FINAL DECREE
AND NOW, this Z- ~ ~ day of r~ ~+ Y
2009,
based upon the Petition For Emergency Limited Guardian of the Estate of Louise Carl
and the arguments presented thereto, this Court finds, by clear and convincing
evidence, that Louise Carl is adjudged an incapacitated person.
The Court finds that Louise Carl suffers from conditions or disabilities that
significantly impair her capacity to receive and evaluate information effectively and to
make and communicate competent decisions regarding the management of her
financial affairs, particularly regarding her application for medical assistance and the
subsequent appeal.
fh ~ 0 T~ /c , is appointed Emergency Limited Guardian of the
ESTATE of Louise Carl. Pursuant to the provisions of 20 Pa. C.S. Section 5122(d), the
Guardian shall not be required post a court approved bond, but shall set up a restricted
account, if necessary, to hold the assets of the incapacitated person and such assets shall
not be transferred from that account without prior Court Order, save for payments
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made to the facility in which the incapacitated person resides for nursing care services
provided. Further, if necessary, the Guardian shall file a report in compliance with 20
Pa. C.S. 5521(c) within ninety (90) days of this Order and annually thereafter.
The Emergency Limited Guardian of the ESTATE shall not be able to enter a safe
deposit box, if any, in the name of Louise Carl without prior Court authorization.
The Emergency Limited Guardian of the Estate shall have the authority and
responsibility to have access to records or financial information of Louise Carl in
accordance with 20 Pa. C.S. 5536(a), but only for Medical Assistance purposes.
The aforementioned judicial determinations have taken into consideration the
matters required by 20 Pa. C.S. Section 5512.1. The Court's findings of fact and
conclusions of law have been placed on the record at the evidentiary hearing.
BY THE COURT:
2
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: LOUISE CARL,
AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-09-0459
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: OS/21/09
JUDGE'S INITIALS: KAH
TIME STAMP DATE: 05/21/09
IN RE: FINAL DECREE
SERVICE TO: SCHUTJER BOGAR
METHOD OF MAILING:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER
MAILED: 05/21/09
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: SHAUN O'TOOLE ESQ -PETITIONER
LOUISE CARL -CLERK OF ORPHANS COURT
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 05/21/09
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
® CLERK OF ORPHANS COURT
Deputy
Clerk of Orphans' Court