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Home My WebLink About08-29-12f ~ '` ~ Y ~ IN RE: SARAH KATE NAPOLI, IN THE COURT OF COMMON PLEAS OF a Minor and an Alleged CUMBERLAND COUNTY, PENNSYLVANIA Incapacitated Person ORPHANS' COURT DIVISION /~ ~~ NO.~~-I~-~D7"%~' ~p ~ rti-t~ c.; cc-~ FINAL DECREE APPOINTING PLENARY r-° N PERSONAL AND FINANCIAL GUARDIANS v.`' 'n C7 , ~ y, AND NOW, this~~ day of~~~ / ,j4~ 2012; ~~ / ~~ ~ o hearing in this case having been held on 201 N ar'f' and it appearing to the Court that the alleged incapacitated person, Sarah Kate Napoli, was duly served with the petition, decree, and notice of the hearing, as set forth in the Verification of Service; and it appearing that the other interested parties were served with the petition and related documents and were given notice of the hearing; and it appearing that no party in interest objects to the requested relief; the Court finds from the testimony and the treating physician's testimony or verified statement that: 1. Katie suffers from irreversible conditions or disabilities which impair her capacity to receive and evaluate information effectively; which impair her ability to meet essential requirements for her physical health and safety; and which impair her capacity to make and communicate financial decisions. (Katie's incapacities and disabilities are set forth in the treating physician's testimony or verified statement, which is incorporated by reference herein.) 2. There are inadequate support services available to assist Katie in such decisions, and there exists no less restrictive alternative mechanism for decision-making (other than the requested guardianship sought by her parents and natural guardians, Joseph A. Napoli and Debra A. Napoli). 3. Based on Katie's inability to manage her financial affairs and to meet the essential requirements for her physical health and safety, a plenary guardian of her person and estate is required on a permanent basis. ~~ c.^ ~ ~~ `.•.:a ~ --, , --, _,.,.~ ~~ ., ~ r ' 4. The interests of the proposed personal and financial guardians, Joseph A. Napoli and Debra A. Napoli, do not conflict with the interests of their daughter, Sarah Kate Napoli, the alleged incapacitated person. NOW THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED, and DECREED that: 1. Sarah Kate Napoli is a totally incapacitated person, and Joseph A. Napoli and Debra A. Napoli are appointed permanent plenary guardians of her person and estate. 2. The personal guardians shall have the following powers to act for Katie in the following specific areas: (a) authorizing Katie's admission to (or continued stay at) a medically appropriate health care facility or otherwise designating an appropriate residence or residential placement for Katie; (b) assuring that Katie receives such training, education, medical, psychiatric, and psychological services and social and vocational opportunities as are appropriate; (c) assisting Katie in the development of maximum self-reliance and independence; (d) providing all required consents and approvals on behalf of Katie, including full authority to consent to general care, maintenance, residency, and custody of Katie, and consenting to recommended treatment, surgery, and invasive procedures; (e) authorizing payors to forward all SSI and social security benefits, long-term disability benefits, and other payments to the appropriate financial institution and health care, residential, or educational facility, as may be required by governing law; (f) filing all necessary applications and authorizations to seek and obtain any form of governmental 2 i assistance for Katie, including, without limitation: cash and medical assistance (Medicaid); food stamps; SSI and social security benefits; and Medicare; and (g) acting with such other powers as are authorized by law, are reasonably related to the foregoing powers, or are reasonably implied therefrom. 3. The plenary guardian of the estate shall have the authority: to marshal all of Katie's income and assets; to sign any necessary consents, agreements, and other documents required by any person, payor, financial institution, custodian, or health care, residential, or educational provider; and to act with such other powers as are authorized by law, are reasonably related to foregoing powers, or are reasonably implied therefrom. 4. 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, such safe deposit box shall not be entered by the financial guardians 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 such 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 inventory is completed and is filed. 5. The financial institution's representative may request a reasonable fee for his services, which shall be payable from the estate of the incapacitated person. If the safe deposit box is jointly owned, 10 days' written notice of the proposed entry shall be given to the other owner(s) by the guardian. 6. An inventory must be filed by the financial guardian within 90 days. Reports by the personal and financial guardian shall be filed within 90 days and annually thereafter. 3 . , 7. In accordance with 20 Pa. C.S. ~5512.1(g), Katie shall retain all legal rights, except in those areas over which the personal and financial guardian have been granted powers, as identified in this order. 8. Sarah Kate Napoli, an incapacitated person, has the right to appeal this order by filing exceptions within days after this date, or to petition this Court for a review hearing to modify or terminate the guardianship herein established. 9. The Prothonotary shall serve this Decree and attached Exhibit A by regular mail upon the interested parties and counsel, identified and addressed as follows: Ms. Sarah Kate Napoli c/o Mr. and Mrs. Joseph A. Napoli 135 Simmons Road Mechanicsburg, PA 17055 Mr. and Mrs. Robert Mark 117 Yoder Road Bainbridge, PA 17502 Ms. Abby Meck Keystone Children and Family Services 3700 Vartan Way Harrisburg, PA 17110 Bradford Dorrance, Esquire KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (Attorney for Petitioners) BY THE COURT: ~.6~i~~~ 4 . ,. IN RE: SARAH KATE NAPOLI, . a Minor and an Alleged Incapacitated Person . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0. T0: Sarah Kate Napoli, a Minor and an Incapacitated Person STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUD CATED AN INCAPACITATED PERSON AND ARE UNABLE TO CARE FOR YOURSEL AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT T FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN 10 DAYS AFTER TH DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ,ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS P~ND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE II SUPERIOR COURT WITHIN 30 DAYS AFTER THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE~TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A C NGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HER UTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COU T TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFO D AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY AP DINT FOR YOU MAY BE PROVIDED AT NO COST TO YOU. Exhibit "A" ORPHANS' COURT DNI5ION COURT OF COMMON PLEAS OF In Re: SARA KATE NAPOLI CUMBERLAND COUNTY PENNSYLVANIA NO. 12-792 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 08/29/12 NDGE'S INITIALS: AHM TIME STAMP DATE: 08/29/12 IN RE: FINAL DECREE SERVICE TO: SARAH NAPOLI ROBERT MARK METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 08/29/12 ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ^ USPS ^ PETITIONER ^ RRR ^ NDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED: of