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HomeMy WebLinkAbout12-02-111 IN RE: MILDRED M. SITLINGER, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.11-0976 ORPHANS' COURT DIVISION APPOINTMENT OF GUARDIAN Counsel of Record: Mark A. Mateya, Esquire for Petitioners n,~' Mark F. Bayley, Esquire for Mildred M. Sitling~ ~ ~ ,~`= ~~-cc ~ t ; 1, *.> ~ rn ~ FINAL DECREE ~ `~' ^? r~ ~~~ ~~~ - Honorable M.L. Ebert Jr. ~ ~,' .-3 r'~~ -~-= 10 ;30 " AND NOW, this 2 day of December, 2011, at_a.m., upon consideration of the accompanying petition, and after hearing held with Counsel Mark F. Bayley for Mildred M. Sitlinger present in the courtroom, and upon testimony of Dr. Gary Champlin, the Court finds and concludes that we have proper jurisdiction of this matter; and that proper notice was provided to all parties entitled thereto. The Court further finds and concludes by clear and convincing evidence that Mildred M. Sitlinger who resides at 912 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania, and more recently has been at Rest Haven Nursing Home, Schuylkill County, skilled care nursing facility, suffers from dementia, a condition which significantly impairs her capacity to receive and evaluate information effectively and which renders her totally unable to act for herself or to make and communicate decisions concerning her management of fmancial affairs or to meet essential requirements for her physical health and safety. That said condition is permanent, will Likely progress and worsen, and there is little probability that her incapacity will lessen. The Court also finds and concludes that no trust, advanced health care directive, durable power of attorney, or other less restrictive alternative exists which would alleviate the need for 1 Guardianhip services and we hereby adjudge Mildred M. Sitlinger to be a totally incapacitated person and to be in need of a permanent Plenary Guardian of her person and of her estate. The Court further finds and concludes that Janell House of 413 Park View Drive, Harrisburg, Dauphin County, Pennsylvania, has no interest adverse to that of Mildred M. Sitlinger and is qualified to manage Mildred M. Sitlinger's financial affairs. IT IS ORDRED AND DECREED THAT Janell House is hereby appointed permanent Plenary Guardian of the Estate of Mildred M. Sitlinger. As Guardian of the estate of Mildred M. Sitlinger, Janell House shall be granted the powers and subject to the duties and liabilities provided by 20 Pa. C.S.A. §5501 et seq. The Court further finds and concludes that Janell House has no interest adverse to that of Mildred M. Sitlinger and is qualified to make and communicate decisions regarding her mother's health and safety needs and other personal affairs. IT IS ORDERED AND DECREED THAT Janell House is hereby appointed permanent Plenary Guardian of the Person of Mildred M. Sitlinger. As Guardian of the Person of Mildred M. Sitlinger, Janell House shall be granted the powers and subject to the duties and liabilities provided by 20 Pa. C.S. A. §5501 et seq. Pursuant to 20 Pa. C.S.A. §5536(a) thereof, Janell House shall manage Mildred M. Sitlinger's estate primarily for her benefit and secondarily for the benefit of her legal dependents. Accordingly, the Guardian of the estate is authorized to expend the estate income for said purposes without written Court approval. As Guardian of the Estate, Janell House shall not be required to post a bond. The Guardian shall file her respective Reports with the Clerk of the Orphans' Court on the financial management, social, medical and other relevant conditions of Mildred M. Sitlinger 2 within the first twelve months of the appointment and annually thereafter pursuant to 20 Pa. C.S.A. §5521. The Guardian of the estate shall take control of the incapacitated person's property and assure that it is adequately protected against loss; shall invest said property in investments suitable to the incapacitated person's circumstances; shall pursue the incapacitated person's outstanding claims; shall, if necessary, seek an accounting from such one or more persons as have controlled the incapacitated person's property; shall establish a budget and shall file a report with the Clerk of the Court about assets, investments, receipts and disbursements, as required by 20 Pa. C.S.A. §5521(c), within twelve months of this Decree and annually thereafter. The Guardian of the estate shall file an inventory with the Clerk of the Orphans' Court within three (3) months from the date hereof in accordance with the provisions of the Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A. §5521(b), 20 Pa.C.S.A. §5142. Any existing general power of attorney, limited power of attorney and/or health care power of attorney executed by the said MILDRED M. SITLINGER is hereby specifically revoked and rendered null and void. The said MILDRED M. SITLINGER has the right to appeal this Decree to the Superior Court of Pennsylvania within thirty (30) days of this Decree. BY THE COURT, _"~-_ 3 In Re: MILDRED M SITLINGER AN ALLEGED INCAPACITATED PEROSN ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-11-0976 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 12/2/2011 JUDGE'S INITIALS: MLE TIME STAMP DATE: 12/2/2011 IN RE: FINAL DECREE SERVICE TO: MARK A MATEYA (10 CERITFIED COPIES) METHOD OF MAILING: ^ USPS ^ RRR ® HAND DELIVERED ^ OTHER MAILED: 12/2/2011 ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: puty Clerk of Orphans' Court