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HomeMy WebLinkAbout04-19-11Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. ~ ~~/ ~ ~~ 0 n_ ESTATE OF IRENE S. WELSH, ` ~ zc-~ AN ALLEGED INCAPACITATED PERSON ..-..--~ FINAL DECREE -_ ;~~ ~;~ !"-; ~'r"! ~_%c- ~~ a ~_', T~ ~«,. c:.: ~:, ~~ _- -~ ;, _~ ~ c~ -:, ~~ AND NOW, this ~ ~ day of R~,` , 20 ~~ ,based upon the evidence received and the record, this Court finds, by clear and convincing evidence that Irene S. Welsh is adjudged a totally incapacitated person. The Court finds that Irene S. Welsh suffers from dementia, a condition which totally impairs 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. Good News Consulting, Inc. is hereby appointed Plenary Permanent Guardian of the PERSON of Irene S. Welsh. The 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 their appointment and annually thereafter. Good News Consulting, Inc. is hereby appointed Plenary Permanent Guardian of the ESTATE of Irene S. Welsh. Bond is waived. The Guardian of the ESTATE shall file an inventory within three months of this decree of the incapacitated person's real and personal property, pursuant to 20 Pa.C.S.A. § 5521(b). In addition, the Guardian of the ESTATE shall file a report within the first twelve months of their appointment and at least annually thereafter, containing the information required in 20 Pa.C.S.A. § 5521(c)(1)(i). ,~ Neither the Guardian of the PERSON nor the Guardian of the ESTATE shall have authority to enter a safety deposit box in the name of Irene S. Welsh (individually or jointly) without written Court authorization. The Guardian of the PERSON shall have authority and responsibility to decide where Irene S. Welsh shall live 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 Irene S. Welsh. The Guardian of the PERSON and the Guardian of the ESTATE shall cooperate to prepare a budget to cover the cost of providing the aforementioned services to the person of Irene S. Welsh. The Guardian of the ESTATE shall have authority and responsibility to manage and use the incapacitated person's property 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 without the Court's written approval. Good News Consulting, Inc. shall be entitled to reasonable fees for services provided to the incapacitated person including astart-up fee of $475.00. If the incapacitated person qualifies for Medical Assistance benefits, Good News Consulting, Inc. shall be entitled to $100.00 per month or other amount established by the Commonwealth. Good News Consulting, Inc. having now been appointed Guardian of the ESTATE of Irene S. Welsh, and having determined it appropriate to exercise the authority granted under 20 Pa. C.S.A. § 5604(c)(1) of the PEF Code to rescind any and all durable powers of attorney heretofore executed by the incapacitated person, said power(s) are hereby deemed to be null and void. Court-appointed counsel shall be entitled to reasonable fees for services provided. Such services shall be paid by Irene S. Welsh's estate. If there are insufficient funds in Irene S. Welsh's estate to pay Court-appointed counsel's fees, such fees shall be paid by Cumberland County. The aforementioned judicial determinations have taken into consideration the matters required by 20 Pa.C.S.A. § 5512.1. BY THE COURT: ~,1~ ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: IRENE S WELSH, AN ALLEGED INCAP CUMBERLAND COUNTY PENNSYLVANIA NO.21-11-0238 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: 4/ 19/ 11 IN RE: FINAL DECREE SERVICE TO: IRENE S WELSH BENJAMIN J GLATFELTER METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 4/19/11 SERVICE TO: ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT iii ~ ~/1~, ~ Deputy Clerk of Orphans' Court