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HomeMy WebLinkAbout02-21-12IN RE: FRANCES STANBERRY IN THE COURT OF COMMON PLEAS OF An Alleged Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ~I~II~ ~ /~~ On the Petition of FINESSE COBB TO: FRANCES STANBERRY FINAL DECREE ~- AND NOW, this p7~ day of 1`wy4 o ~' ~ ~' ~ co : ~, : f L ~ N --' `-~ c:7 ~ i ~:., :~ ~`-. - ~ _~ ca cn ~ „~,. 20~ based upon the evidence ~' received and the record, this Court finds by clear and convincing evidence that FRANCES STANBERRY, is adjudged a totally incapacitated person. The Court finds that FRANCES STANBERRY suffers from advanced progressive dementia, a condition or disability which totally impairs her capacity to receive and evaluate information effectively and to make and communicate decisions concerning her management of financial affairs or to meet essential requirements for her physical health and safety. Her daughter, FINESSE COBB, is hereby appointed Plenary Permanent Guardian of the PERSON of FRANCES STANBERRY. This Guardian of the PERSON shall file a Report on the social, medical and other relevant conditions as required by 20 Pa. C.S.A. §5521 (c)(ii) within the first twelve months of her appointment and annually thereafter. Her daughter, FINESSE COBB, is hereby appointed Plenary Permanent Guardian of the ESTATE of FRANCES STANBERRY. Bond is waived. The Guardian of the ESTATE shall file an inventory within ninety (90) days of the date of this Decree of the incapacitated person's real and personal property, pursuant to Pa. C.S.A. §§5521(b) and 5142. In addition, the Guardian of the ESTATE shall file a report within the first twelve months of her appointment and at least annually thereafter, containing the information required in 20 Pa. C.S.A. §5521(c)(1)(i). The original reports must be filed at the Register of Wills office with a copy filed with the Orphans' Court Administrator. If there is a safe deposit box in the name of the incapacitated person alone or in the names of the incapacitated person and another or others, said safe deposit box shall not be entered by the Guardian except in the presence of a representative of the financial institution where the box is located or in the presence of a representative of the Orphans' Court Division. The representative present at the time of entry shall make or cause to be made a record of the incapacitated person's property, and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed. If the safe deposit box is jointly owned, five (5) days' notice of the proposed entry shall be given to the other owners by the Guardian. The Guardian of the PERSON's authority and responsibility shall include, but not be limited to deciding where FRANCES STANBERRY shall live and how meals, personal care, transportation and recreation will be provided. The Guardian of the PERSON shall also have authority to authorize and consent to medical treatment and surgical procedures necessary for the well-being of FRANCES STANBERRY, except those powers and duties specifically excluded in 20 Pa. C.S.A. Section 5521(d). All banks and other financial institutions are directed to give the Guardian of the ESTATE of the incapacitated person all information which relates to accounts and/or financial transactions in the joint name or individual name of the incapacitated person. The aforesaid Guardian of the ESTATE is hereby authorized to manage and handle all aspects of FRANCES STANBERRY'S estate, specifically including, but not limited to, all issues relating to cash, checks, bank savings, stocks, bonds, personal property, real property, insurance policies, government entities, taxes, execution of documents, entry in contracts, pursuing claims or litigation and the payment of reasonable compensation for services provided to the person. The Guardian of the ESTATE is hereby authorized to receive all assets in the name of the incapacitated person individually. IT IS FURTHER ORDERED AND DECREED that the Guardian of the PERSON and the Guardian of the ESTATE shall perform her functions and exercise her authority so as to permit the incapacitated person as much daily activities and as much independence that circumstances will permit with safety. The aforementioned judicial determinations have taken into consideration the matters required by 20 Pa. C.S.A. Section 5512.1. The Court's findings of fact and conclusions of law have been placed on the record at the evidentiary hearing. BY THE COURT: Judge ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: FRANCES STANBERRY CUMBERLAND COUNTY PENNSYLVANIA NO. 21-11-1371 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 2/21/2012 JUDGE'S INITIALS: TIME STAMP DATE: 2/21/2102 IN RE: FINAL DECREE SERVICE TO: ELIZABETH PLACE CHARLES LEVY GOLDEN LIVING CENTER FINESSE COBB METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ®PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED' ~ (,~ ~ ~ (dam SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT G' pu Clerk of Orphans' Court