HomeMy WebLinkAbout08-15-12
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT
IN RE: GUARDIANSHIP OF THE No. ~ ~ - ~ ~ ' ~ ~ I
PERSON AND ESTATE OF
KENNETH CAMPBELL FINE
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ORDER
AND NOW, this ~~day of ~~ ~ 2012, upon review of the
petition of David R. Fine and Beth Campbell Fine for a determination of incapacity
and appointment of a guardian over the person and estate of Kenneth Campbell
Fine, the Court makes the following findings of fact and reaches the following
conclusions of law:
Findings of Fact
1. Kenneth Campbell Fine is a young adult with severe autism and
moderate intellectual disability.
2. Kenneth Campbell Fine is not verbal and, as a result of his
autism and intellectual disability; has limited ability to communicate his wants and
needs.
3. As a result of his autism and intellectual disability, Kenneth
Campbell Fine is unable to make decisions of any complexity, including decisions
regarding his personal care, safety, healthcare, finances and maintenance.
4. Because of his autism and intellectual disability, Kenneth
Campbell Fine is unable to make decisions of the sort typically made by adults
without his autism and intellectual disability.
5. Kenneth Campbell Fine has the love and support of his mother
and father, which whom he lives, and they have made decisions regarding his care
and well-being since his birth.
6. Because of his autism and intellectual disability, Kenneth
Campbell Fine is in need of plenary guardianship of an undefined duration in that
his needs and ability to make decisions for his own care, safety, healthcare, finances
and maintenance will not change.
7. Although his parents remain dedicated to providing him with
every meaningful opportunity to learn, make decisions for himself and enjoy
independence, because of his autism and intellectual disability, Kenneth Campbell
Fine will never be able to make decisions for his own care, safety, healthcare,
finances and maintenance without significant assistance, support and supervision.
8. Kenneth Campbell Fine is currently receiving the following
services to support him:
a. Kenneth Campbell Fine is a student at The Vista School
in Hershey, Pennsylvania. The Vista School is an approved private school for
children and young adults with autism.
b. Kenneth Campbell Fine receives behavioral support
services through The Vista Foundation, a licensed partial-hospitalization program
licensed by the Pennsylvania Department of Public Welfare.
9. Because of his autism and intellectual disability, Kenneth
Campbell Fine's ability to receive and evaluate information effectively and to
communicate decisions in any way is impaired to such a significant extent that he is
totally unable to manage his financial resources and to meet essential requirements
for his physical health and safety.
10. Having reviewed the documentation accompanying the petition
and making observations of Kenneth Campbell Fine during a hearing, the Court
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concludes that there are no alternatives to a plenary guardianship of the person and
estate of Kenneth Campbell Fine that would adequately provide for the physical
health, safety and well being of Kenneth Campbell Fine.
Conclusions of Law
1. Kenneth Campbell Fine is totally incapacitated as defined in 20
Pa.C.S. § 5501.
2. Kenneth Campbell Fine is in need of plenary guardianship over
his person and his estate.
3. Kenneth Campbell Fine's parents, David R. Fine and Beth
Campbell Fine, are suitable guardians and shall and hereby are appointed plenary
guardians over the person and estate of Kenneth Campbell Fine.
4. As plenary guardians, David R. Fine and Beth Campbell Fine
are authorized
a. to make decisions regarding the daily affairs of Kenneth
Campbell Fine;
b. to make decisions about the financial affairs of Kenneth
Campbell Fine;
c. to make medical decisions for Kenneth Campbell Fine;
d. to make decisions regarding the education of Kenneth
Campbell Fine;
e. to make decisions regarding the services and treatments
provided to Kenneth Campbell Fine; and
f. to file tax and other governmental filings on behalf of
Kenneth Campbell Fine.
5. Beginning one year from the date of this order and continuing
every year thereafter until further order of court, David R. Fine or Beth Campbell
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Fine shall file a report as plenary guardians of Kenneth Campbell Fine. Such report
shall include the following;
a. the current address and type of placement of Kenneth
Campbell Fine;
b. any major medical or mental problems experienced by
Kenneth Campbell Fine;
c. a brief description of Kenneth Campbell Fine's living
arrangements and the social, medical, psychological and other support services he is
receiving;
d. the opinion of the plenary guardians regarding whether
the guardianship should continue, be terminated or be modified and the reason for
that opinion; and
e. if Kenneth Campbell Fine is living separately from the
plenary guardians, the number of times the plenary guardians visited Kenneth
Campbell Fine in the preceding year;
f. the full value of Kenneth Campbell Fine's financial estate;
g. all income received by Kenneth Campbell Fine in the
previous year;
h. all expenditures made from Kenneth Campbell Fine's
financial estate and income; and
i. all expenditures made on Kenneth Campbell Fine's behalf
by the plenary guardians from their own funds.
BY THE COURT
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In Re: KENNETH CAMPBELL FINE
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-0711
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 8/15/2012
JUDGE'S INITIALS: CLP
TIME STAMP DATE: 8/15/2012
IN RE: ORDER
SERVICE TO: CUMBERLAND-PERRY MH/IDD
THE VISTA SCHOOL
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS ®PETITIONER
^ RRR ^ JUDGE
^ HAND DELIVERED ^ CLERK OF ORPHANS COURT
^ OTHER
MAILED: 8/ 15/2012
SERVICE TO: DAVID R FINE
METHOD OF MAILING:
^ USPS
^ RR-R
® HAND DELIVERED
^ OTHER
MAILED: 8/ 15/2012
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
Deputy
Clerk of Orphans' Court