HomeMy WebLinkAbout07-19-10IN RE: MARGARET CHAPMAN : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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ORPHANS' COURT DIVISIONn " -
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An incapacitated person : NO. 21-09-0835 ~ ~n r '
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PETITION TO RELEASE JURISDICTION OF GUARDIAN~~ T' ~ ~-'
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AND NOW COMES, Petitioner, FRANK A. PARROTT, of 7747 Porters Hill Lane, Lorton,
Virginia 22079, by and through his attorney, Marci S. Miller, Esquire, and files the within Petition to
Release Jurisdiction of Guardianship, and in support hereof, avers as follows:
1. A Final Order of Court Appointing Plenary Guardian in this matter was entered on
December 9, 2009 by the Honorable M.L. Ebert. A copy of the Final Order of Court dated
December 9, 2009 is attached hereto as Exhibit "A."
2. The December 9, 2009 Final Order of Court appointed Frank A. Parrott, the Petitioner
herein, as Plenary Permanent Guardian of the Person and Estate of Margaret Chapman.
3. In his capacity as Guardian, Petitioner moved Margaret Chapman to Harrison
County, West Virginia, on or about January 9, 2010 so that Ms. Chapman could reside closer to her
family members.
4. On or about January 9, 2009, Margaret Chapman was admitted to the Assisted Living
Dementia Unit of Maplewood Senior Living Community, 1000 South Maplewood Drive, Bridgeport,
West Virginia 26330. Petitioner believes Margaret Chapman has adjusted well to her new living
environment, and anticipates that she will remain a resident of the Maplewood facility for the
foreseeable future.
5. On March 4, 2010, Petitioner, by and through his West Virginia attorney, Robert L.
Greer, filed a Petition for Transfer of Supervision of Guardian and Conservator of Margaret
Chapman, an Incapacitated Person with the Circuit Court of Harrison County, West Virginia.
6. On May 25, 2010, Judge Thomas A. Bedell of the Circuit Court of Harrison County,
West Virginia entered an Order of Appointment of Conservator and Guardian, accepting jurisdiction
of this matter and appointing Frank A. Parrott as Guardian and Conservator of Margaret Chapman.
A copy of the May 25, 2010 Order is attached hereto as Exhibit "B."
7. Petitioner has complied with the guardianship reporting requirements by filing a
ninety (90) day inventory and annual accountings with the Cumberland County Orphans' Court.
8. Now that Margaret Chapman is residing in Harrison County, West Virginia, and is
expected to remain there for the duration of her life, and guardianship jurisdiction has been assumed
by the Harrison County Circuit Court, Petitioner requests that this Honorable Court release
jurisdiction over this guardianship matter.
WHEREFORE, Petitioner respectfully requests that the Court enter an Order releasing
jurisdiction of the Guardianship of the Person and Estate of Margaret Chapman to Harrison County,
West Virginia.
Date:
Respectfully submitted,
HAZEN ELDER LAW
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By: Marci S. Miller, Esquire
Attorney for Petitioner
Attorney ID No. 204083
2000 Linglestown Road, Suite 202
Harrisburg, Pennsylvania 17110
(717) 540-4332
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IN RE: MARGARET CHAPMAN : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
An incapacitated person : NO. 21-09-0835
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to tl,, penalties of if; Pa. C.S. 4904, relating to uns~~o~.°.
falsification to authorities.
F NK A. PARROTT
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IN RE: MARGARET CHAPMAN
An alleged incapacitated person
On the Petition of Frank A. Parrott
1N THE COURT OF COMMON PLEAS ~
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-09-0835
FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN
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AND NOW, this. ~ day of ~ p ~ cw,~, ~, ~' , 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
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 THE CIRCUIT COURT OF HARRISON COUNTY, WEST VIRGINIA
In re: Margaret Chapman, an Alleged Protected Person 2010-G-4-2
Filed: March 4, 2010
ORDER OF APPOINTMENT OF CONSERVATOR AND GUARDIAN
On April 13, 2010, a hearing in this matter was held before Jonathan Fittro, Mental
Hygiene Commissioner of this Court, upon the Petition for Transfer of Supervision of Guardian
and Conservator. Based upon the aforementioned hearing the Commissioner issued a Findings
and Recommendations of Mental Hygiene Commissioner the contents of which are incorporated
herein as if fully set forth herein.
The Court hereby accepts and adopts the entire Findings and Recommendations, without
amendment, of the Mental Hygiene Commissioner, which constitutes the basis of this Order.
Based upon the foregoing action, and the findings, recommendations, and conclusions adopted
herein as aforesaid, the Court hereby finds and determines that Margaret Chapman, the
individual alleged to be a protected person, is a "protected person" and meets the definition of a
"protected person" under West Virginia Code§44A-1-4, and ORDERS that Frank Parrott is
hereby appointed as Guardian and Conservator.
Further, upon Petition by Frank A. Parrott, jurisdiction of the above-captioned
guardianship matter is hereby accepted. The Guardian shall have all of the authority outlined in
the original Final Order of Court Appointing Plenary Guardian in and for the Court of Common
Pleas of Cumberland County, Pennsylvania, Orphan's Court Division, dated December 9, 2009.
The guardian and/or conservator appointed herein without limitation shall discharge all of
the duties and assume all of the responsibilities set forth under YVest Virginia Code ~44A-3-1, et
seq, other provisions of Chapter 44A as may be applicable, and any other duties and
responsibilities more particularly set forth in this Order.
The Court hereby GRANTS the guardian all of the specific areas of protection and
assistance that are authorized under §44A-3-1.
The Court hereby GRANTS the conservator all of the specific areas oi~ management and
assistance that are authorized under §44A-3-3 and §44A-3-4
Upon consideration of the Statement of Financial Resources hereinbefore filed, the
requirements of §44A-1-9, and arguments made during the hearing, it is hereby ORDERED that
the bond of the guardian be waived. It is hereby ORDERED that
• Bond of the guardian is hereby waived.
Bond is set and shall be posted by the conservator in the amount of
$1,000,000.00.
It is further ORDERED that the form of the Bond(s) herein required shall be: cash or
surety.
The Court notes that bond, as required above, has been posted as required by §44A-2-
13(a)(2), prior to the issuance of this order as follows in the following amounts and form:
It is ORDERED that the mandatory education required by §44A-1-10 has been
completed prior to the entry of this order of appointment as required under §44A-2-13(a)(3) or
has been completed within the last three years and thus such individual does not require such
education. The Affidavit required by §44A-1-10(b) is attached to this order.
Pursuant to the terms of West Virginia Code §44A-3-8, it is hereby ORDERED that the
conservator shall, within sixty (60) days of the entry of this Order, file with the Court and with
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the fiduciary commissioner named herein, the inventory required under subsection (a) and shall
mail copies thereof to the parties entitled thereto as required by subsection (b).
The Court hereby refers this matter to the following:
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Fiduciary Commissioner of Harrison County, West Virginia. In addition to filing the reports and
accountings required by law with this Court, the Conservator shall also file such reports and
accounting with said Commissioner who shall perform the duties required by We.s•t Virginia
Code Chapter 44, Articles 3, 3A, and 4, and Chapter 44A, with respect to the Protected Person's
estate. The Conservator shall likewise f le a t*ue copy of the bond posted and approved by the
Court with said Commissioner.
Pursuant to the terms of West Virginia Code §44A-3-8, it is hereby ORDERED that the
conservator shall, within sixty (60) days of the entry of this Order, file with the Court the
inventory required under subsection (a) and shall mail copies thereof to the parties entitled
thereto as required by subsection (b).
The Clerl< of this Court shall enter the foregoing and shall transmit attested copies to
counsel of record for the parties, to any guardian and/or conservator appointed by this Order, and
to the Petitioner. Pursuant to West Virginia Code §44A-2-13(c), the guardian and/or conservator
SHALL, within FOURTEEN (14) DAYS OF THE DATE OF THE ENTRY OF THIS ORDER,
mail a copy of this order of appointment, together with the statement of the right to appeal for a
modification or termination which is annexed hereto, to the Protected Person and to all
individuals and entities who were given notice of the Petition filed in this cause.
ENTER: ~
Judge Thomas A. Bedell
IN RE: MARGARET CHAPMAN : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
An incapacitated person : NO. 21-09-0835
CERTIFICATE OF SERVICE
I, Marti S. Miller, Esquire, certify that on ,),~% 1 ~ , 2010, I served a true and
correct copy of the within Petition To Release Jurisdiction of Guardianship on the party named
below, by depositing same in the United States mail, via regular mail, postage prepaid.
Melissa Miller, Esq.
950 Walnut Bottom Rd.
Carlisle, PA 17015
Date
Respectfully Submitted,
HAZEN ELDER LAW
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Marti S. filler, Esquire
Attorney I.D. No. 204083
2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
(717) 540-4332