HomeMy WebLinkAbout06-07-12IN RE: ESTATE OF DAVID B. WEAVER,: IN THE COURT OF COMMON PLEAS OF
AN ALLEGED INCAPACITATED : CUMBERLAND COUNTY, PENNSYLVANIA
PERSON :ORPHANS' COURT DIVISION
NO. 21-12-0357
ORDER OF COURT
AND NOW, this ~' day of ~ Lc'~"~-~
2012, based upon
the evidence received and the record and the findings made of record on this day, the
Court finds by clear and convincing evidence that DAVID B. WEAVER, hereinafter
"MR. WEAVER" is, and therefore is adjudged, a totally incapacitated person.
The Court finds that MR. WEAVER has Down's Syndrome, which condition
totally impairs his capacity to receive and evaluate information effectively and to make
and communicate decisions concerning the management of his financial affairs or to meet
essential requirements for his physical health and safety. These judicial determinations
have taken into consideration the matters required by 20 Pa.C.S.A. §551 and 20
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Pa.C.S.A. §SJI8. ~',-~s- c
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E. APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON: c.-~
PAULINE E. MYERS is hereby appointed Plenary Guardian of the PERSON, and
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shall have authority to act on behalf of MR. WEAVER, to provide for the general care..
maintenance and custody of the said incapacitated person, with TERRI LOUISE KOLLER
appointed to serve if and when PAULINE E. MYERS is no longer willing or able to serve.
The Plenary Guardian of the PERSON shall arrange for medical, psychological and
psychiatric services and social and vocational opportunities, as appropriate. The Plenary
Guardian of the PERSON shall assist said incapacitated person in the development of
maximum self-reliance and independence. The Plenary Guardian of the PERSON shall
have authority to give consent for and to withhold surgical or medical treatment, except
that which is excluded by 20 Pa.C.S.A. §5521(d). The Plenary Guardian of the PERSON
shall file with the Clerk of Court a report on the social, medical and other relevant
conditions, as required by 20 Pa.C.S.A. ~5521(c), within twelve months of this Decree
and annually thereafter.
F. APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE:
PAULINE E. MYERS is hereby appointed Plenary Guardian of the ESTATE, with
TERRI LOUISE KOLLER appointed to serve if and when PAULINE E. MYERS is no
longer willing or able to serve. The Plenary Guardian of the ESTATE shall have
authority and responsibility to manage and use MR. WEAVER's property for his benefit
in accordance with 20 Pa.C.S.A. §5536(a). The Plenary 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 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 Plenary Guardian shall file an inventory with the Court in accordance
with 20 Pa.C.S.A. §5521 and 5142 within three months of this Decree. According to 20
Pa.C.S.A. §5536(a), the Plenary Guardian of the ESTATE is authorized to spend income
for the aforesaid purposes without the Court's written approval. The Plenary Guardian of
the ESTATE shall not be required to post a bond.
The Plenary Guardian is expressly authorized to spend down the Estate of MR.
WEAVER to the point necessary for government benefits.
G. REVOCATION OF THE INCAPACITATED PERSON'S POWERS OF
ATTORNEY:
Any existing general power of attorney, limited power of attorney and/or health
care power of attorney executed by the incapacitated person is hereby specifically
revoked and rendered null and void.
H. RIGHT OF APPEAL:
The incapacitated person has the right to appeal this Decree to the Superior Court
of Pennsylvania within thirty (30) dam of this Decree.
The aforementioned judicial determinations have taken into consideration the
matters required by 20 Pa.C.S.A. ~~512.1 and 20 Pa.C.S.A. §518. The findings of fact
and conclusions of law have been made of record at the evidentiary hearing.
The Clerk of Courts shall immediately docket this Order and record in the docket
the date it was made. The Clerk shall forthwith furnish a copy of the Order, by mail or
personal delivery, to each party or attorney, and shall record in the docket the time and
manner thereof.
By the Court,
J.
THE CLERK OF COURTS SHALL SERVE:
Hannah Herman-Snyder, Esquire
Grace D'Alo, Esquire
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: ESTATE OF DAVID B WEAVER CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-0357
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 6/6/12
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE: ORDER OF COURT
SERVICE TO: HANNAH HERMAN SNYDER
PAULINE E MYERS
DAVID B WEAVER
METHOD OF MAILING: ENVELOPES PROVIDED BY:
^ USPS ^ PETITIONER
^ RRR ^ JUDGE
® HAND DELIVERED ^ CLERK OF ORPHANS COURT
^ OTHER
MAILED:
SERVICE TO:
METHOD OF MAILING:
® USPS
^ R-R-R
^ HAND DELIVERED
^ OTHER
MAILED: 06/7/ 12
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
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puty
C;]erk of Orphans' Court