HomeMy WebLinkAbout06-17-10!• ~
IN RE: LORRAINE B. GOBER :COURT OF COMMON PLEAS OF
An Alleged Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION ,~,,
N0.21-10-0436
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FINAL DECREE jam? ~
AND NOW, this ~ day of wv~_ , 2010, based upon the e~ce N
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received and the record, this Court fmds, by clear and convincing evidence that Lorraine B.
Gober is adjudged a totally incapacitated person.
The Court finds that Lorraine B. Gober suffers from dementia, Alzheimer's Disease,
depressive disorder and various other illnesses and medical conditions, conditions or disabilities
which totally impair her capacity to receive and evaluate information effectively and to make and
communicate decisions concerning management of her financial affairs or to meet essential
requirements for her physical health and safety.
Ronald Byer is hereby appointed Plenary Permanent Guardian of the PERSON of
Lorraine B. Gober. This Guardian of the PERSON shall file a report on the social, medical and
other relevant conditions as required by 20 Pa. C.S.A. §5521(c)(ii) within the first twelve months
of her appointment and annually thereafter.
Ronald Byer is hereby appointed Plenary Permanent Guardian of the ESTATE of
Lorraine B. Gober. Bond is waived. The Guardian of the ESTATE shall file a report within the
first twelve months of his appointment and at least annually thereafter, containing the
information required in 20 Pa. C.S.A. §5521(c)(1)(i).
In the event Lorraine B. Gober has a safety deposit box, an Official Examiner of this
Court shall be in attendance when said safety deposit box is opened. The Certificate of the
Official Examiner and her examination of assets in the safety deposit box shall be submitted to
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the Court, and, when approved by the hearing judge, shall be filed with the record in this case.
The amount and manner of compensation for these services of the Official Examiner shall be
determined by the hearing judge.
The Guardian of the PERSON shall have authority and responsibility to decide where
Lorraine B. Gober shall lire and how meals, personal care, transportation and recreation will be
provided. The Guardian of the PERSON shall also have the authority to authorize and consent to
medical treatment and surgical procedures necessary for the well being of Lorraine B. Gober.
The Guardian of the ESTATE shall have authority and responsibility to manage and use
the incapacitated person's property primarily for her benefit in accordance with 20 Pa. C.S.A
§5536(a). The Guardian of the ESTATE is permitted to spend INCOME for the incapacitated
person and her legal dependents without the Court's written approval.
Furthermore, in this matter, the Court determines that if INCOME is insufficient to meet
the continuing costs of care, the Guardian of the Estate is authorized to expend PRINCIPAL as
well for this purpose. The Guardian of Estate is further authorized to establish a burial account.
POWER OF ATTORNEY PROVISION:
Ronald Byer having now been appointed Guardian of the PERSON and ESTATE of
Lorraine B. Gober, and having determined it appropriate to exercise the authority granted him
under 20 Pa. C.S.A. §5604(c)(1), 20 Pa.C.S.A. §5401 et seq. and Pennsylvania law to rescind
any and all durable powers of attorney and living wills, heretofore executed by the incapacitated
person, said power(s) under the March 19, 2004 Power of Attorney and March 25, 2004 Living
Will are hereby deemed to be null and void.
2
The aforementioned judicial determinations have taken into consideration the matters
required by 20 Pa. C.S.A. §5512.1. The Court's findings of fact and conclusions of law have
been placed on the record at the evidentiary hearing.
Ronald Byer shall serve upon and read to Lorraine B. Gober this Decree, and advise her
of her right to file exceptions to this Decree within. twenty (20) days of the date herein, of her
right to appeal to the Superior Court within thirty (30) days of the denial of the exceptions, and
of her right to petition the Court at any time to modify or terminate the plenary guardianship if
there is a significant change in her capacity or if her plenary guardian fails to perform its duties
in accordance with the Court's Decree.
BY T
J.
:821951.1
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In Re: LORRAINE B. GOBER
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 10-0436
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 06/17/10
JUDGE'S INITIALS:
TIME STAMP DATE: 06/17/10
IN ~; FINAL DECREE
SERVICE TO: MARC MOYER
RONALD BYER
METHQD OF MAILING: ENVELOPES PROVIDED BY:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER
MAILED: 06/17/10
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: LORRAINE B GOBER
METHOD OF MAILING:
®USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 06/17/10
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ENVELOPES PROVIDED BY: ~ /~ ~ /[ ,/ B~
® PETITIONER ~~
^ JUDGE
^ CLERK OF ORPHANS COURT
eputy
Clerk of h s' Court