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HomeMy WebLinkAbout01-03-12__ lf-~17(0 ht.~ YJIw/ i A itI! 4~1n/1J ~A-f.L/fN ~ ~~.~LILLIa..~[J . ~ r ' ~ r a j } '+ / J ~~ .~ ~~ IN RE: Ma~DRED M. STTLINGER, o. ed Incapacitated Person 3~m n~~a ~~~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.1i-0976 :ORPHANS' COURT DIVISION :APPOINTMENT OF GUARDIAN ~t ~ $ Counsel of Record: Mark A. Mateys, Esquire for Petitienera _ Mark F. Bayley, Eagnire for Mildred M. S' ' m ~ n .o € ~ > g FINAL DECREE ~ ~ ~.,~ ~' O j~ ~ Honorable M.L. Ebert Jr. _., AN1i"1,"'"is ~~ 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 Cou~y, skilled care nursing facility, suffers from dementia, a condition which significantly impairs her _ capa:~fy~o rcce#ve ~~- ~ eff+e~tively~tt which rendera-her total}~tmable to ~ c' ^; t'~ ~ f'~7 .~. c:, L.; r-y i i ==t'`~ -~--, t~ ~, act for herself or to make and communicate decisions concerning her managemart of financial affairs or to meet essential requirements for her physical health and safety. That said condition is permanent, will likely progt~ess 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 attomey,,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 JaneIl House of 413 Park V ew Drive, Harrisburg, Dauphin County, Pennsylvania, has no interest adverse to that of Mildred M: Sitlinger and is qualified to manage Mildred M. Sitiinger's financial affairs. IT IS ORDRED AND DECREED THAT Jarrell House is hereby appointed permanent Plenary Guardian of the Estate ofMildred 1V1. Sitlinger. As Guardian of the estate of Mildred M. Sitlinger, Jarrell House shall be granted the powers and subject to the duties and liabilities provided by 20 Pa. C.S.A. §5581 et seq. The Court further finds and concludes that Jarrell House has no interest adverse to that of Mildred M. Sitlinger and is qualified to make and communicate decisions regardiag her mother's health and safety needs and other personal affairs. TT IS ORDERED AND DECREED THAT Jarrell House is hereby appointed permanent Plenary Guardian of the Person of Mildred M. Sittinger. As Guardian of the Person of Mildred M. Sitlinger, Jarrell House shall be granted the powers and subject to the duties and liabilitiesprovided by 20 Pa. C.S. A. §5501 et seq. Pursuant to 20 Pa. C.S.A. §5536(a}thereof, Jarrell House shell 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, Jarrell 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 shad 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 • ou#standing 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 requital by 20 Pa C.S.A. §5521(c), within twelve months of this Decree sad atmually 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. §552F(b}, 20 PaC.S.A. §5142. Any existing general power of attorney, limited power of attorney and/or. health care power of attorney executed by the said IvIILDRED M. SITLINGER is hereby specifically revoked and rendered null and void. The s~;cl MI1~.LD ~. 3ITI.INC'has t1~ right. t© sp~ert-this Dew to the Superior Court of Pennsylvania within thirty (3Q) days of this Decree. BY THE COURT, 3