HomeMy WebLinkAbout10-06-10 (2)r.,s
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IN RE : IN THE COURT OF COMMON ~~,5 OFD _-
CUMBERLAND COUNTY, PENN~IANIA°
ORPHANS' COURT DIVISION r ~ n ~ -'
GEORGE W . KING, ~"' _~ °' -
An alleged incapacitated '~ :~~ -,
NO. 21-10-0842 ~ ~' '~ ~'
person ~- ~ !:
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N FOR THE APPOINTMENT OF PERMANENT PLENARY GUA1 ANSf~
IN RE: PETITIO
OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. SECTION 5511
Before OLER, J.
OPINION and ORDER of COURT
Oler, J., September 24, 2010
At issue in the present case is whether George W. King
should be adjudicated an incapacitated person on a permanent basis,
and, if so, whether Petitioner Cumberland County Aging and
Community Services should be appointed plenary guardian of his
person and estate.
A hearing was held in this matter on September 24,
2010. The allegedly-incapacitated person who is not present for
the hearing, his presence having been excused by the Court pursuant
to a medical statement of Michael Gawlas, D.O., to the effect that
his presence would be harmful to his health. Present on behalf of
the allegedly-incapacitated person was Grace D'Alo, Esquire.
Based upon the evidence presented at the hearing, the
following Findings of Fact, Discussion and Order of Court are made
and entered:
FINDINGS OF FACT
1. The allegedly-incapacitated person is George W.
King, an adult individual whose date of birth is January 14, 1922,
a domiciliary of Cumberland County, presently residing at the
Claremont Nursing Home, 1000 Claremont Road, Carlisle, Cumberland
County, Pennsylvania.
2. The Petitioner is the Cumberland County Aging and
Community Services Agency, 1100 Claremont Road, Carlisle,
Cumberland County, Pennsylvania.
3. The allegedly-incapacitated person suffers from
severe dementia, probably of the Alzheimer's type.
4. As a consequence of his condition, Mr. King's
ability to receive and evaluate information effectively and
communicate decisions is impaired to such a significant extent that
he is totally unable to manage his financial resources and totally
unable to meet essential requirements for his physical health and
safety.
5. The value of Mr. King's estate is between $200,000
and $300,000.
6. The prognosis for Mr. King is not favorable at the
present time.
7. Mr. King is in need of a plenary guardian of his
person and estate.
8. The duration of the necessary guardianship must be
considered at best indefinite, and, for practical purposes
permanent.
9. The Petitioner is an appropriate entity to serve
as guardian of Mr. King's person and estate, and is qualified under
the law to do so.
10. The foregoing Findings of Fact are made on the
basis of clear and convincing evidence.
DISCUSSION
The provisions respecting an adjudication of
incapacity are contained in 20 Pa. C.S. Sections 5501 et. seq.
The Petitioner has substantially complied with these provisions,
and based upon the foregoing Findings of Fact, the following order
of Court will be entered:
ORDER OF COURT
AND NOW, this 24th day of September, 2010, upon
consideration of the Petition for the Appointment of Plenary
Guardians of the Person and Estate Pursuant to 20 P.S. Section 5511
with respect to George W. King, an allegedly-incapacitated person,
and following a hearing at which the allegedly-incapacitated person
was not present (his presence having been excused by the Court,
with the consent of his court-appointed counsel), and at which
evidence was presented by the Petitioner in support of the
Petition, and based upon the foregoing Findings of Fact, the Court
finds that George W. King is an incapacitated person, he is
consequently adjudicated as such, and Petitioner, Cumberland County
Aging and Community Services, is appointed plenary guardian of his
person and estate.
The fee schedule submitted as Petitioner's Exhibit 2
in this case is expressly approved; and
Cumberland County Aging and Community Services is
authorized to obtain payment of a guardian fee subject to a maximum
of ten percent of George W. King's gross monthly income or $100 per
month, whichever is less, at such time that George W. King no
longer has sufficient assets to pay for guardianship services and
would qualify for medical assistance.
No bond shall be required of the guardian.
The guardian shall file on a timely basis with the
Court all reports and accounts required by statute.
George W. King is hereby notified of his right to
appeal to the Pennsylvania Superior Court from the adjudication of
incapacity herein within 30 days of its entry and petition at any
time for a modification or termination of the order.
By the Court,
s/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
Anthony L. DeLuca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
For Petitioner
Grace D'Alo, Esquire
530 Greason Road
Carlisle, PA 17015
Court-appointed counsel for the allegedly incapacitated person