HomeMy WebLinkAbout10-27-09SEP ~ 6 2009
IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY
ORPHANS' COURT DIVISION ~
-~ ~>
n r=; t
U ~``
'- --i
> i r ~~ ::~1
IN RE: ROSE E. COLBERT "" ~' ~` ~ =='
An Alleged Incapacitated Person O.C. No. `~~ - ~q -~lp~''
~ ~_~c>
'
`
~
, -i
`
' CJ
.. ~
.`I'7
` rv r
_ .!,
AND NOW, this t~ ~~ of ~ I%~ ~+ ~ 2009, based upon the
evidence received and the record, this Court fmds, by cleaz and convincing evidence, that Rose
E. Colbert is adjudged a totally incapacitated person.
The Court finds that Rose E. Colbert suffers from, inter alia, dementia, which totally
impairs her capacity to receive and evaluate information effectively and to make and
communicate decisions regazding the management of her personal and financial affairs.
Brian D. Brooks d/b/a PA Guazdianship Association, is appointed Permanent Plenary
Guazdian of the PERSON and ESTATE of Rose E. Colbert. The Guardian shall not post a court
approved bond. The Guazdian shall file a report in compliance with 20 Pa. C.S. § 5521(c) within
ninety (90) days of this order and annually thereafter. Brian D. Brooks d/b/a PA Guazdianship
Association shall be entitled to a monthly fee of $100.00 in accordance with Pennsylvania
Medical Assistance Guidelines.
The Guazdian of the Estate shall not be able to enter a safe deposit box, if any, in the
name of Rose E. Colbert without prior Court authorization.
The Guazdian of the Person and the Estate, shall prepaze a budget to cover the cost of
r~
~~~ V
providing skilled nursing services to Rose E. Colbert.
The Guardian of the Estate shall have the authority and responsibility to manage and use
Rose E. Colbert's property primarily for her benefit and secondarily for the benefit of her legal
dependents in accordance with 20 Pa. C.S. § 5536(a). Pursuant to 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 and/or dispose of principal
assets, if any, for the care and maintenance of Rose E. Colbert and to establish an appropriate,
reasonable burial reserve without court approval.
This Decree herein voids any existing Power of Attorney instruments.
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.
BY THE COU
J.
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: ROSE E. COLBERT CUMBERLAND COUNTY
PENNSYLVANIA
METHOD OF MAILING:
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE: FINAL DECREE
SERVICE TO: ROSE COLBERT
LIMA LANGTON
STANLEY COLBERT SUSAN BERTOLLETTE
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
NO. 09-0863
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
MAILED: 10!27/09
4
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT