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Home My WebLink About11-01-12JAY W. BEDARD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA a AN ALLEGED INCAPACITATED :ORPHAN'S COURT DIVISION c~ ~~,, PERSON NO. 'r „ r ' .c:-- '. r ;;'l U.' . G~ :~~iiw o York Springs, Pe~'risylvania TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner is the Kelly A. Landis of 423 Main Street, 17372 (the "proposed guardian") and the sister of the alleged incapacitated person. 2. Jay W. Bedard, the alleged incapacitated person was born on December 5, 1967, is 44 years of age and unmarried, and resides at 227 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. The following persons are to the best of petitioner's knowledge, information and belief the only living next-of--kin of the alleged incapacitated person: Joseph F. Bedard and Barbara A. Bedard are the parents of the alleged incapacitated person and reside at 227 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 4. The alleged incapacitated person resides with his parents at 227 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 5. To the extent known by petitioner, the assets of the alleged incapacitated person are valued at approximately $2,900, comprising the following: approximately $961 at Members First Credit Union; and miscellaneous personal property of approximately $2,000.00. 6. Petitioner estimates the alleged incapacitated person's annual income to be $8,900, including current monthly Social Security benefits of $550 and part time employment at Kohls. 7. The alleged incapacitated person was not a member of the armed services of the United States and is not receiving benefits from the United States Veteran's Administration. 8. The alleged incapacitated person suffers from mental disability resulting in very low ~~~ -~-, f-~ ; =~' ~.~ . `~ ;~~_=- -~ - ": c- ~ _J . i :~~ ~Q -~ ~i~l intelligence quotient on the Wechsler Exam administered by Dr Schienvold. 9. Because of his mental and/or physical condition, the alleged incapacitated person is totally unable to manage his financial affairs and property and to make and communicate responsible decisions relating thereto, including the ability to communicate his need for assistance in these areas. 10. Because of his impaired mental and/or physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning his person and is unable to make or carry out decisions about his living arrangements or arrange for his own medical care. 11. The following alternatives to the appointment of a guardian of estate have been considered: General Power of Attorney, but these alternatives are ineffective for the following reasons: The alleged incapacitated person is unable to understand the provisions of the required Notice for a power of attorney and cannot comprehend the import of the authority to be granted to an agent. 12. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his estate be appointed to manage and handle all aspects of the alleged incapacitated person's estate, specifically including, but not limited to: all issues relating to his cash, checks, and any bank or savings accounts held in his name, his stocks and bonds, his personal property, his life and other insurance of which he is a beneficiary, his entitlement to any governmental and non-governmental benefit plans, federal, state, and local taxes, claims made or to be made on behalf of him or against him, the execution of documents, entry into contracts affecting him and the payment of reasonable compensation or costs to provide services for him. 13. The following alternatives to the appointment of a guardian of the person have been considered: General Power of Attorney, but these alternatives are ineffective for the following reasons: The alleged incapacitated person is unable to understand the provisions of the required Notice for a power of attorney and cannot comprehend the import of the authority to be granted to and agent. 14. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: his living arrangements, his medical care, the administration of medication to him, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for his physical and mental treatment and care. 15. Petitioner is aware that the alleged incapacitated person signed a health care power of attorney naming his Mother, Barbara A. Bedard, as his health care agent to supervise his medical care. Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or in any other way designated anyone to serve as his agent over any of his personal or financial affairs or that he designated in writing his wishes with regard to the use or refusal of life-sustaining treatment. 16. The proposed plenary guardian of the person of the alleged incapacitated person is Kelly A. Landis, sister of the alleged incapacitated person, who resides at 423 Main Street, York Springs, Pennsylvania 17372. 17. The proposed plenary guardian of the person is 51 years of age and is a marred adult Pennsylvania resident, retired Air Force Master Sergeant and a part time retail manager. 18. The proposed plenary guardian has no interest adverse to the alleged incapacitated person. 19. The consent of the proposed plenary guardian is attached as Exhibit "A". 20. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 21. No other guardian has been appointed for the estate or person of the alleged incapacitated persons. WHEREFORE, petitioner respectfully requests that this court award a citation directed to Jay W. Bedard, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why Jay W. Bedard should not be adjudged a fully incapacitated person, and Kelly A. Landis appointed plenary guardian of his person, and Kelly A. Landis appointed plenary guardian of his estate. ~~' ~~ avid H. Radcliff Attorney for Petitio r'~ Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 VERIFICATION I, Kelly A. Landis, verify that the statements made in the within Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. Cons. Stat. Ann. Section 4904 Relating to unsworn falsification to authorities. ~ _ Dated: ~~ (~' (° _~ l ~ ' elly A. L dis JAY W. BEDARD AN ALLEGED INCAPACITATED PERSON SUR PETITION OF: KELLY A. LANDIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. CONSENT OF GUARDIAN TO APPOINTMENT I, KELLY A. LANDIS, hereby consent to act as Guardian of the Estate and Person of JAY W. BEDARD. I am the sister of Jay W. Bedard. I reside at 423 Main Street, York Springs, Pennsylvania and a married adult Pennsylvania resident, retired Air Force Master Sergeant and a part time retail manager. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to JAY W. BEDARD, the alleged incapacitated person and I am not a fiduciary of any fund in which the alleged incapacitated person has an interest. ~u9 ,~, ~. KELL~A. LAN IS 5~ Sworn to before me this ~ ~ day of ~~ ~ ~ •~ ~E~ , 2012. `, (SEAL) ~=Gte.-c.L~ ~ ~~/~~" ~C Notary Public NOTAAML 8EAi. DAWO H RAOCLIFf NotuY Pu01k EAST PENNS80R0 TWP., Cl~ABEALANQ CNTY My Commi~alon ExpkK Jun 29, 2016