HomeMy WebLinkAbout06-17-11IN RE: ANDREW M. STERN
An incapacitated person
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION ~ _~-
On the Petition of PAULA A. STERN and JOHN K. STERN
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AND NOW, this day of (A i !. , 2011, a hearing in this case having been
held on ~ M ~ ~ 7 , 2011 at % VD a.m./p.m., and it appearing to the Court that ANDREW
M. STERN was served with a Citation and Notice of this hearing on / ~~y ~~ ,
2011 and further finds from the testimony:
'That ANDREW M. STERN suffers from autism and moderate mental retardation,
conditions which impair his capacity to receive and evaluate information effectively and to make and
communicate decisions concerning his management of financial affairs or to meet essential
requirements for his physical health and safety.
2. That there aze insufficient supports available to assist ANDREW M. STERN in such
decisions and that there exists no other less restrictive alternative mechanism for decision-making.
3. That based on the incapacity of ANDREW M. STERN to receive and evaluate
information and to make or communicate decisions, Plenary Co-Guazdians of the person and plenary
Co-Guardians 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 ANDREW M. STERN be and is
hereby adjudged an incapacitated person, and PAULA A. STERN and JOHN K. STERN aze
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appointed jointly and/or individually as Plenary Permanent Co-Guardians of the Person and Estate of
ANDREW M. STERN. As Plenary Permanent Co-Guardians ofthe Person, PAULA A. STERN and
JOHN K. STERN have the authority, jointly and/or individually, to access all ANDREW M.
STERN's medical records, including but not limited to psychiatric records. Further, as Co-Guardians
ofthe Person, PAULA A. STERN and JOHN K. STERN shall have the power and authority, jointly
and/or individually, to serve as personal representatives 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 Co-Guardians shall be considered the personal representatives, jointly and/or
individually, for ANDREW M. STERN's heath care disclosures under the 2004 federal HIPAA
regulations and shall have full authority to review ANDREW M. STERN's medical records and to
execute releases of confidential information from medical providers and insurers or other third party
payors.
As Co-Guardians ofthe Estate, PAULA A. STERN and JOHN K. STERN shall have the
authority, jointly and/or individually, to make distributions from principal for the payment of care
expenses, and all medical needs.
An Inventory must be filed within ninety (90) days. A report by the Co-Guardians, jointly
and/or individually, shall be filed within 12 months and annually thereafter.
Bond is hereby waived.
ANDREW M. STERN, 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 ANDREW M. STERN was not present at this hearing on appointment of Co-Guardians,
then Petitioner shall serve upon and read to ANDREW M. STERN the Statement of Rights, a copy
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of which is attached to this Order as Exhibit "A", and file proof of such service with this Court
within ten days.
BY THE COURT:
IN RE: ANDREW M. STERN
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
:NO. alp ~l-oS~y
On the Petition of PAULA A. STERN and JOHN K. STERN
STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN
AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN
INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE
YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE
COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF
YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT
THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE
AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF
THE DENIAL OF THE EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO
MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR
CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN
ACCORDANCE WITH THE COURT'S ORDER.
IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY
OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY
AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT
ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES
OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PROVIDED
AT NO COST TO YOU.
Exhibit "A"
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: ANDREW STERN CUMBERLAND COUNTY
PENNSYLVANIA
NO. 11-0514
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 06/17/11
JUDGE'S INITIALS:
TIME STAMP DATE: 06/17/11
IN RE: FINAL ORDER OF COURT APPOINTING PLENARY CO GUARDIANS
SERVICE TO: PAULA STERN
JOHN STERN
MARK BAYLEY ANDREW STERN
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS
D~
^ HAND DELIVERED
^ OTHER
MAILED: 06/17/11
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: NICOLE WEIGEL
METHOD OF MAILING:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER
MAILED: 06/17/11
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
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Clerk of Orph ' Co