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HomeMy WebLinkAbout08-11-09IN RE: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. SIPE, ,~, An Alleged Incapacitated Person : N0.21-08-1118 4 _~, ORPHANS' COURT DIVISION ~o ~ - a ~ :"~ rT o r jT~~ C c~ G ~ O a?,l`i AMENDED FINAL DECREE `4m '{~~ _ +_ `! r'~ _% ~~~~ ^ a ~- this day of NOW .S , 2009, based upon the evi~~€ ~ , received and the record, this Court mds clear and convincing evidence that ROBEo)~J W. ~ ~~ SIPE is, and therefore is adjudged, a totally incapacitated person. :n ~ e ~-~~ The Court finds that ROBERT W. SIPE suffers from dementia, which condition totally impairs his capacity to receive and evaluate information effectively and to make and communicate decisions concerning the management of his financial affairs or to meet essential requirements for his physical health and safety. These judicial determinations have taken into consideration the matters required by 20 Pa. C.S.A. Accordingly: John Arthur Sipe, Sr., is hereby appointed Guardian of the Estate of ROBERT W. SIPE and shall have authority and responsibility to manage and use the incapacitated person's property for his benefit in accordance with 20 Pa. C.S.A. 5536(a) and 20 Pa. C.S.A. §5536(b)(8). The Guardian of the Estate of ROBERT W. SIPE 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 persons's outstanding claims; shall if necessazy 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 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 Guazdian 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) and 20 Pa. C.S.A. §5536(b)(8), the Guazdian of the Estate of ROBERT W. SIPE is authorized to spend income, exercise all rights and privileges under life insurance policies, annuity contracts or other plans or contractual arrangements providing for payments to the incapacitated person or to others after his death, for the benefit of ROBERT W. SIPE for the aforesaid purposes without the Court's written approval. The Guazdian of the Estate of ROBERT W. SIPE shall not be required to post a bond. Any existing general power of attorney, limited power of attorney and/or health caze power of attorney executed by the said ROBERT W. SIPE is hereby specifically revoked and rendered null and void. The said ROBERT W. SIPE 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 COU J. ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ROBERT W. SIDE CUMBERLAND COUNTY PENNSYLVANIA NO.08-1118 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: IN RE: AMENDED FINAL ORDER SERVICE TO: MARK MATEYA JOHN SIPE METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 08/11/09 SERVICE TO: ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT eputy Clerk of Orp s' Court