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HomeMy WebLinkAbout12-09-09IN RE: MARGARET CHAPMAN An alleged incapacitated person On the Petition of Frank A. Parrott 1N THE COURT OF COMMON S ~_ OF CUMBERLAND COUNTY, ''^~ ~ ~- ~ PENNSYLVANIA - ~~ ~ ~ ~ `-;~, ORPHANS' COURT DIVISION = -~~ T `~ ~~'~' °~~~~' ~ ~.7 NO. 21-09-0835 ~ '` - f V - ; ':`1 ~ _' `~ ' T, --~ . ~, , ~-~ . r -~ -, ..a FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN ~~ AND NOW, this ~ day of ~ e t tvhb t ( , 2009, a hearing in this case having been held on December 9, 2009 at 1:30 p.m., and it appearing to the Court that MARGARET CHAPMAN was served with a Citation and Notice of the guardianship hearing, the Court finds from the testimony that: 1. MARGARET CHAPMAN suffers from Alzheimer's Disease, a condition which impairs her capacity to receive and evaluate information effectively and to make and communicate decisions concerning her management of financial affairs or to meet essential requirements for her physical health and safety. 2. There are insufficient supports available to assist MARGARET CHAPMAN in such decisions and that there exists no other less restrictive alternative mechanism for decision-making. 3. Based on the incapacity of MARGARET CHAPMAN to receive and evaluate information and to make or communicate decisions, a plenary Guardian of the Person and plenary Guardian of the Estate are required on a permanent basis. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that MARGARET CHAPMAN be and is hereby adjudged an incapacitated person, and that FRANK A. PARROTT is appointed Plenary `,7 U Permanent Guardian of the Person and Estate of MARGARET CHAPMAN. As Plenary Permanent Guardian of the Person, FRANK A. PARROTT has the authority to access all of MARGARET CHAPMAN's medical records, including but not limited to psychiatric records, and to request and/or terminate an out-of-hospital do-not-resuscitate order on behalf of MARGARET CHAPMAN, in accordance with Pennsylvania law. In addition, as Guardian of the Person, FRANK A. PARROTT shall have the power and authority to serve as personal representative for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub.L.104-191), 45 CFR Sections 160 through 164 ("HIPAA"). The Guardian shall be considered the personal representative for MARGARET CHAPMAN's heath care disclosures under the 2004 federal HIPAA regulations and shall have full authority to review MARGARET CHAPMAN's medical records and to execute releases of confidential information from medical providers and insurers or other third party payors. Further, as Guardian of the Person, FRANK A. PARROTT shall have the ability to make decisions concerning MARGARET CHAPMAN's placement in a residential or long-term care facility, provided that within ninety (90) days of any such admission to a facility located outside the Commonwealth of Pennsylvania, the Guardian of the Person shall take appropriate action with this Court and with the Court in the jurisdiction where the facility is located in order to transfer the guardianship. As Guardian of the Estate, FRANK A. PARROTT shall have the authority to make distributions from principal for the payment of rent and utility expenses, care expenses, moving expenses, and all medical needs. In addition, FRANK A. PARROTT shall have the authority to make distributions from principal for legal fees. An Inventory must be filed within ninety (90) days. A report by the Guardian shall be filed within 12 (twelve) months and annually thereafter. Bond in the amount of ~ shall be posted by the Guardian. MARGARET CHAPMAN, an incapacitated person, has the right to appeal this Order of Court by filing exceptions within ten (10) days of this date or to petition this Court for a review hearing to modify or terminate the guardianship herein established. If MARGARET CHAPMAN was not present at this hearing on appointment of Guardian, then Petitioner shall serve upon and read to MARGARET CHAPMAN the Statement of Rights, a copy of which is attached to this Order as Exhibit "A", and file proof of such service with this Court within ten (10) days. BY THE COURT: ~~ J. IN RE: MARGARET CHAPMAN An alleged incapacitated person On the Petition of FRANK A. PARROTT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-09-0835 STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE 1N YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PROVIDED AT NO COST TO YOU. EXHIBIT "A" ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: Margaret Chapman CUMBERLAND COUNTY PENNSYLVANIA NO. 21-09-0835 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: 12-9-Uy IN RE: Final Order of Court A ointin Plenar Guardian .................................................... SERVICE TO: Marci S. Miller ha Anthon Castranove Jr~ LuceSTalricao David Wri ht Gara Wrn ht Anthon Pillo Antionette Trau Tina Veltri Jose h Blatter Christo her Blatter Michael Blatter Richard Blatter Anthon Carl Pil o James A. Pillo Paul Pillo Debra Fluhart S lvia Shocke Jud Salentro Thomas N. Cicco David M. Cicco METHOD OF MAILING: ^ USPS RRR HAND DELIVERED OTHER MAILED: 12-09-09 SERVICE TO: METHOD OF MAILING: ^ USPS RRR ^ HAND DELIVERED OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER JUDGE ^ CLERK OF ORPHANS COURT ENVELOPES PROVIDED BY: PETITIONER ^ JUDGE CLERK OF ORPHANS COURT /~ ~~ ''1 Deputy ! f Clerk of Orphans' Court