HomeMy WebLinkAbout08-31-09IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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IN RE: JACQUELINE BEAUDRY, _ ; ~
An Alleged Incapacitated Person O.C. No. ~ C~C~',~ ~/~
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FINAL DECREE -ADJUDICATION OF TOTALLY INCAPACITAT~[ERSQN
AND APPOINTMENT OF PERMANENT PLENARY GUARD ._.
OF THE ESTATE OF JACQUELINE BEAUDRY "`
AND NOW, this ~ day of ~~ 2009, based upon
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evidence received and the record, this Court finds, by clear and convincing evidence, that
Jacqueline Beaudry is adjudged a totally incapacitated person.
The Court finds that Jacqueline Beaudry suffers from dementia, a condition or disability
which totally impairs her capacity to receive and evaluate information effectively and to make
and communicate decisions regarding the management of her financial affairs.
PA Guardianship Association is appointed Permanent Plenary Guardian of the Estate of
Jacqueline Beaudry. The Guardian shall be required to post a court approved bond in the amount
$ ~ . ~ 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 Jacqueline
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 Jacqueline 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
Jacqueline 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
Jacqueline Beaudry's property primarily for her benefit and secondarily for the benefit of her
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 Jacqueline 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.
In Re: JACQUELINE BEAUDRY
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-09-0644
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS
1 /09
EEB
TIME STAMP DATE: 8/31
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
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 9/2/09
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
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Deputy
Clerk of Orphans' Court
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