HomeMy WebLinkAbout03-30-10IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: LOUISE CARL,
An Alleged Incapacitated Person
~ °
A
~ ~
~, ~ w
.ac„~ o
v~ ~~~
`~ J -n ~
_~
-+-•
N
W
O.C. No. 2109-0459
FINAL DECREE ADTUDICATION OF TOTALLY INCAPACITATED PERSON
AND APPOINTMENT OF PERMANENT PLENARY GUARDIAN
OF PERSON AND ESTATE
~~~
~` ~' ='
Gcr, .=i
r~~; r=.'i
<.~~ c':
_ -;
~','` s~ i
•~ p
-~
AND NOW, this 30 ' day of ~~~ , 2010,
based upon the evidence received and the record, this Court finds, by clear and
convincing evidence, that Louise Carl is adjudged a totally incapacitated person.
The Court finds Louise Carl suffers from conditions or disabilities which totally
impair her capacity to receive and evaluate information effectively and to make and
communicate decisions regarding the management of her personal and financial affairs.
Brian D. Brooks d/b/a Pennsylvania Guardianship Association is appointed
Permanent Plenary Guardian of the Person and Estate of Louise Carl. The Guardian
shall not post a court approved bond. 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.
Brian D. Brooks d/b/a Pennsylvania Guardian Association shall be entitled to
receive compensation for its services as Guardian of the Person and Estate of Louise
Carl, an incapacitated person. This compensation shall be paid monthly, beginning with
the month of appointment. The amount of such compensation shall be in accordance
with the current fee schedule of Pennsylvania Guardianship Association, that is in effect
when services are performed; provided, however, if Louise Carl is now or becomes
eligible for Medical Assistance 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, 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 Louise Carl 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 Louise Carl.
The Guardian of the Estate shall have the authority and responsibility to manage
and use Louise Carl'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 principal assets, if any, for the skilled care and maintenance of Louise Carl 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.
BY THE COURT:
i
In Re: LOUISE CARL
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
N0.09-0459
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
03/30/10
TIME STAMP DATE: 03/30/10
IN ~: FINAL DECREE
SERVICE TO: KIRK SOHONAGE
L UISE CARL
BRIAN BROOKS
METHOD OF MAILING: ENVELOPES PROVIDED BY:
^ USPS ^ PETITIONER
^ RRR ^ JUDGE
® HANI) DELIVERED ^ CLERK OF ORPHANS COURT
^ OTHER
MAILED: 03/30/10
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT