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HomeMy WebLinkAbout06-10-09. ,, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: APPOINTMENT OF PLENARY CO-GUARDIANS OF THE ESTATE AND NO. 21-09- ~q PERSON OF TAMMY LEIGH DOUGHERTY, AN ALLEGED INCAPACITATED PERSON FINAL DECREE AND NOW, this ~~ day of ~~~~ , 2009, upon consideration of the annexed Petition, and after a hearing held on said Petition, it is hereby ORDERED AND DECREED that MILTON M. DOUGHERTY, JR. and DORIS S. DOUGHERTY, his wife, and DEBORAH DOUGHERTY KNAUB and SANDRA L. DOWNEY, Petitioners herein, are hereby appointed permanent Plenary Guardians of the person and estate of TAMMY LEIGH DOUGHERTY. IT IS ALSO ORDERED AND DECREED that no bond shall be required by said Petitioners in order to administer the estate of said TAMMY LEIGH DOUGHERTY. IT IS ALSO ORDERED AND DECREED that after carefully ~ considering evidence presented, no counsel was found to be necessary fc GI~ ~"~ a''°; C t T'1 '",.,s '...r .7 !... .. DOUGHERTY under the circumstances of this case. _~ t-`'-: ~~' . ~- -~ ,-y-, c ~:~ ~ G~, IT IS ALSO ORDERED AND DECREED that after carefully ~ ...~ :~~. considering evidence presented, it was not found necessary to require a depositi~fi or Affic>.~yrts <--~ ~ -~ of any medical personnel under the circumstances of this case. 1 . , IT IS ALSO ORDERED AND DECREED that Petitioners are 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, welfare, medical assistance, subsidies, special programs 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 TAMMY LEIGH DOUGHERTY held by her in her own right, if any there be from time to time. 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. J. 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 TAMMY LEIGH DOUGHERTY. 2 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, 110 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 TAMMY' 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. Q. 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. R. 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 any one of the Co-Guardians shall be deemed to be and shall be considered to be conclusive proof that the other Co-Guardian have failed to act, or are currently unable to act, or have ceased to serve. ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: TANIlVIY LEIGH DOUGHERTY CUMBERLAND COUNTY PENNSYLVANIA N0.21-09-0397 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 6/10/09 JUDGE'S INITIALS: EBB TIME STAMP DATE: 6/10/09 IN RE; FINAL DECREE SERVICE TO: CHARLES E SHIELDS III TAMMY LEIGH DOUGHERTY METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 6/10/09 ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT e~nvrr~ •rn• METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ~~~ Deputy Clerk of Orphans' Court