HomeMy WebLinkAbout04-20-11IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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ESTATE OF DOROTHY E. WERNER ~~ ~ m
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AN ALLEGED INCAPACITATED PERSON ~r, _ ~
FINAL DECREE
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AND NOW, this zo` day of ~'I , 2011 ,based upon the evidence received and
the record, this Court finds, by clear and convincing evidence that Dorothy E. Werner is adjudged a
totally incapacitated person.
The Court finds that Dorothy E. Werner 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 Dorothy E. Werner. 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 Dorothy E. Werner. 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 Dorothy E. Werner (individually or jointly) without written
Court authorization.
The Guardian of the PERSON shall have authority and responsibility to decide where Dorothy
E. Werner 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 Dorothy E. Werner. 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 Dorothy E. Werner.
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 Dorothy
E. Werner, 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 Dorothy E. Werner's estate. If there are insufficient funds in Dorothy E.
Werner'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:
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J.
ORPHANS' COURT DIVISION
In Re: DOROTHY E WERNER, ALLEGED INCAP COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-11-0239
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN ~~ FINAL DECREE
SERVICE TO: DOROTHY E WERNER
BENJAMIN J GLATFELTER
METHOD OF MAILING: ENVELOPES PROVIDED BY~
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MAILED: 4/20/11
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
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MAILED:
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^ JUDGE
^ CLERK OF ORPHANS COURT
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Deputy
Clerk of Orphans' Court