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HomeMy WebLinkAbout08-31-09AUG p 6 ZOpg ~ IN THE COURT OF COMMON PLEAS OF ~,.~ c CUMBERLAND COUNTY, PENNSYLVANIA ~' Li , m w ~ _ _ ORPHANS' COURT DIVISION ~ -?~ - IN RE: ROBERT BEAUDRY, An Alleged Incapacitated Person O.C. No. 02 ~ - ~~~~"" ~ ~ _. FINAL DECREE -ADJUDICATION OF TOTALLY INCAPACITATED PERSON AND APPOINTMENT OF PERMANENT PLENARY GUARDL~l~T OF THE ESTATE OF RO_B.E1R-T BEAUDRY AND NOW, this ~ ~ day of ~4'~ 2009, based upon the evidence received and the record, this Court finds, by clear and convincing evidence, that Robert Beaudry is adjudged a totally incapacitated person. The Court finds that Robert Beaudry suffers from dementia, depression and psychosis, conditions and/or disabilities which totally impair his capacity to receive and evaluate information effectively and to make and communicate decisions regarding the management of his financial affairs. PA Guardianship Association is appointed Permanent Plenary Guardian of the Estate of Robert Beannudry. The Guardian shall be required to post a court approved bond in the amount $ ~ , W 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. PA Guardianship Association shall be entitled to receive compensation for its services as Guardian of the Estate of Robert Beaudry, an incapacitated person. This compensation shall be paid monthly, beginning the month of appointment. The amount of such compensation shall be in accordance with the current fee schedule of PA Guardianship Association, that is in effect when services are performed; provided, however, if Robert Beaudry is now or becomes eligible for Medical Assistance benefits, the fee amount shall be no less than the maximum monthly amount allowable under the policy of the Pennsylvania Department of Public Welfare regarding fees for guardians of persons receiving Medical Assistance benefits, this amount is currently $100.00 per month. See 55 Pa. Code §181.134 and DPW Operations Memorandum No. 02-04-07. The Guardian of the Estate shall be able to enter a safe deposit box, if any, in the name of Robert Beaudry without prior Court authorization. The Guardian of the Person and the Guardian of the Estate, if not the same, shall cooperate to prepare a budget to cover the cost of providing nursing care services to the person of Jacqueline Beaudry. The Guardian of the Estate shall have the authority and responsibility to manage and use Robert Beaudry's property primarily for his benefit and secondarily for the benefit of his legal dependents in accordance with 20 Pa. C.S. § 5536(a). Per 20 Pa. C.S. § 5536(a), the Guardian of the Estate is authorized to spend income for the aforesaid purposes without the Court's written approval. The Guardian of the Estate may also spend principal assets, if any, for the skilled care and maintenance of Robert Beaudry and to establish an appropriate, reasonable burial reserve without court approval. The aforementioned judicial determinations have taken into consideration the matters required by 20 Pa. C.S. § 5512.1. The Court's findings of fact and conclusions of law have been placed on the record at the evidentiary hearing. ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ROBERT BEAUDRY CUMBERLAND COUNTY PENNSYLVANIA N O. 21-09-0733 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: IN RE: FINAL DECREE SERVICE TO: ROBERT BEAUDRY MARY FINEUP JACQUELINE BEAUDRY CATHERINE BEAUDRY PAUL BEAUDRY LINDA L SCISCIANI BRIAN BROOKS DAWN JORDAN JANE ADAMS METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ®PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED: 9/2/09 SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Deputy i Clerk of Orphans' Court