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HomeMy WebLinkAbout02-15-05IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM JUMPER, ORPHANS' COURT DIVISION An alleged incapacitated Person N0. 21-05-0147 IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., February 11, 2005. At issue in the present case is whether William Jumper should be adjudicated an incapacitated person on an emergency basis and, if so, whether Faith, Hope and Love Guardian Services, Inc., of 123 North 13th Street, Harrisburg, Dauphin County, Pennsylvania, 17103, should be appointed emergency guardian of his person. A hearing was held in this matter on February 11, 2005. The allegedly incapacitated person was not present, the Court finding that his welfare in terms of his physical and mental condition would not be promoted by his presence and would, in fact, be adversely affected to a substantial degree. The allegedly incapacitated person was represented by his court-appointed counsel, James D. Flower, Jr., Esquire. Based upon the evidence presented at the hearing, the following Findings of Fact, Discussion and Order of Court are made and entered: -J FINDINGS OF FACT 1. The allegedly incapacitated person is William Jumper, a domiciliary of Cumberland County, Pennsylvania, born March 9, 1918, and residing at Beverly Healthcare - Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Petitioner is Beverly Healthcare - Camp Hill. 3. Mr. Jumper suffers from a number of serious ailments, including dementia. 4. This latter condition has progressed to the point that Mr. Jumper's ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that he is totally unable to meet essential requirements for his physical health and safety. 5. There is no indication at the present time that Mr. Jumper's mental condition will improve. 6. Unfortunately, Mr. Jumper is in need of immediate surgery as a result of a kidney obstruction problem which is life-threatening. 7. The aforesaid mental and physical condition of the allegedly incapacitated person has resulted in a situation where he is in need of a guardian of his person on an emergency basis for purposes of making medical decisions and where a failure to appoint such a guardian will result in irreperable harm to his person. 8. The duration of the necessary guardianship of the person shall be as long as permitted by law, but, because the guardianship has been requested on an emergency basis, by statute it may not extend beyond 72 hours in the absence of further Order of Court (and in no event may continue for more than 20 days thereafter). 9. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION Under Pennsylvania law, an emergency guardian of the person may be appointed in the case of a person alleged to be incapacitated "when it appears that the person lacks capacity, [the person] is in need of a guardian[,] and a failure to make such appointment will result in irreparable harm to the person... ." Act of June 30, 1972, P.L. 508, Section 2, as amended, 20 Pa. C.S. Section 5513 (Supp. 2004). An "incapacitated person" means an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to... meet essential requirements for his physical health and safety. ID. Section 5501. Proof in such a case must be by clear and convincing evidence. Id. Section 5511(a), 5513. In the present case, Petitioner has demonstrated by clear and convincing evidence that an emergency adjudication of incapacity and appointment of a guardian of the person for purposes of medical decisions are appropriate. For this reason, the following order will be entered: ORDER OF COURT AND NOW, this 11th day of February, 2005, upon consideration of Petitioner's petition for appointment of emergency guardian of the person, and following a hearing, it is ordered, adjudged and decreed as follows: 1. William Jumper is adjudicated an incapacitated person on an emergency basis. 2. Faith, Hope and Love Guardianship Services, Inc., is appointed emergency guardian of Mr. Jumper's person for purposes of making medical decisions only on his behalf, including medical decisions to authorize surgery and any associated treatment and care. 3. This guardianship of the person shall extend for a period of 72 hours, subject to the guardian's right to apply for an extension of 20 additional days. 4. No bond shall be required of the guardian in this case. By the Court, S/ J. Wesley Oler, Jr., J. Wesley Oler, Jr., J. Michael B. Volk, Esquire Capozzi & Associates, P.C. 2933 N. Front Street Harrisburg, PA 17110 For Petitioner James D. Flower, Jr., Esquire 26 W. High Street Carlisle, PA 17013 Court-appointed for William Jumper Helen Kocher 1051A Allendale Road Mechanicsburg, PA 17055 Thelma Jumper 2109 Cedar Run Drive Camp Hill, PA 17011-7483 :mae