HomeMy WebLinkAbout12-30-11IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JUSTIN FISHER .
As alleged incapacitated ORPHANS COURT DIVISION
person 21-11-1254 ORPHANS' COUP _
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OPINION AND ORDER OF COURT ~r ra,
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Before the Court is the petition of the ~-~ ___.„
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Cumberland/ferry Mental Health/Individuals with Deve~~menta~l _ ~-,
Disabilities Office requesting that Justin Fisher, hereafter
Justin, be adjudicated an incapacitated person and that a
guardian be appointed. After hearing on said petition, we issue
the following order:
FINDINGS OF FACT
1. Justin has suffered from significant and profound
developmental disabilities since birth.
2. Justin's capacity to make and communicate
decisions is severely limited by virtue of the aforesaid
conditions.
3. Although Justin enjoys the support of the
agencies, school, and family members involved in this matter, we
find by clear and convincing evidence that he is totally
incapacitated and in need of the appointment of a plenary
guardian of both his person and estate.
4. We specifically find after the two hearings on
this matter that Justin's father, Joseph Fisher, may be willing
but due to present circumstances is currently unable to provide
Justin with the care and support necessary for him to thrive and
that Justin's current living arrangements are clearly in his
best interest.
5. Because we find that with proper training and
support Joseph Fisher may one day be able to properly provide
for Justin, the duration of this guardianship shall be one year
from the date of this order.
6. The proposed guardian, Mrs. Laurie Foose, has no
interest adverse to that of Justin Fisher.
As a consequence of the foregoing findings, we enter
the following order:
ORDER OR COURT
AND NOW, this 29th day of December, 2011, based on the
petition for appointment of a guardian pursuant to 20 Pa.C.S.A.
Section 5511, and following a hearing, the Court finds by clear
and convincing evidence that the allegedly incapacitated person,
Justin Fisher, is a totally incapacitated person in that because
of significant and profound developmental disabilities he is
unable to receive and evaluate information effectively and
communicate decisions sufficiently to such a degree that he is
unable to manage his financial resources or to meet the
essential requirements for his physical health and safety. He
is, therefore, adjudicated an incapacitated person, and Laurie
Foose is appointed guardian of his property and person for the
purpose of residential care and education and laws and
regulations pertaining thereto, as well as any other documents
or decisions relating to his continued care. The term of this
guardianship shall be for one year. The requirement of bond is
waived.
It is further ordered and directed that Joseph Fisher
be included in the review and development of all Individual
M
Education Plans and Individual Service Plans and that he be
extended periods of unsupervised visitation as the guardian
believes are in the best interest of Justin. Such periods
should be encouraged and not unreasonably denied.
By the Court,
Albert H. Masland, J.
Robert L. O'Brien, Esquire
For Petitioners
Sean Shultz, Esquire
For Joseph Fisher
John J. Mangan, Esquire
Guardian Ad Litem
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JUSTIN FISHER CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-11-1254
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 1
JUDGE'S INITIALS:
TIME STAMP DATE: 12/30/2011
IN RE: OPINION AND ORDER OF COURT
SERVICE TO: ROBERT L O'BRIEN
SEAN M SHULTZ
JOHN J MANGAN
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