HomeMy WebLinkAbout01-31-13
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Y s .r 6 d ,d t
J.il'.I U I i i1
IN RE: ) IN THE C&RT OF COMMON
PLE Q IBE AND COUNTY,
TIEN KHAI TRAN, an alleged ) PEI MSY MNIA
incapacitated person )
ORPHANS COURT DIVISION
NO.: 21-12-1251
ORDER APPOINTING PLENARY GUARDIAN OF THE PERSON AND PLENARY
GUARDIAN OF THE ESTATE
AND NOW, this 3~ st day of I R N U Rv~'` , 2013, after hearing
and upon review of all of the evidence, this court finds the following:
A. Tien Khai Tran, the alleged incapacitated person in this matter, suffers
from a medical condition which impairs his ability and capacity to make and
communicate decisions.
B. The said Tien Khai Tran lacks any realistic capacity to make or
communicate important decisions regarding his finances, his healthcare, or other
critical matters in his life.
C. There is an immediate need for guardianship services for the said Tien
Khai Tran because he is unable to make decisions for or otherwise care for himself.
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D. The Petitioners in this matter, Ut Michael K. Tran, also known as Ut K.
Tran, and KimQui T. Tran are the persons in the best position to serve as the
plenary guardians of the person and the plenary guardians of the estate of Tien
Khai Tran. There is no other person in an immediate situation to provide
guardianship services for him.
E. Because of the extent of his disability, this court determines it is
appropriate to appoint plenary guardians of both the person and the estate for Tien
Khai Tran.
F. The duration of the guardianships of the person and of the estate of the
said Tien Khai Tran should be indefinite because it is not possible, at this time, to
determine whether he will recover from the medical and mental conditions that
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impair and incapacitate him and it is unlikely, because of his condition, that such a
recovery will occur at any predictable time.
Based upon the above, this court determines that it is appropriate to appoint plenary guardians of
the person and plenary guardians of the estate of Tien Khai Tran and that the petitioners in this
matter, Ut Michael K. Tran, also known as Ut K. Tran, and KimQui T. Tran, shall be appointed
to such position.
Based upon the above findings, we hereby order as follows:
1. Ut Michael K. Tran, also known as Ut K. Tran, and KimQui T. Tran are
hereby appointed the plenary co-guardians of the person of Tien Khai Tran and are
vested with and authorized to exercise all powers, authorities, duties and functions
as the plenary guardians of the person of Tien Khai Tran as authorized by the law
of Pennsylvania. In the event that either of the co-guardians are deceased or
incapacitated to the point that they cannot perform their functions hereunder, the
co-guardian shall serve as the plenary guardian of Tien Khai Tran alone.
2. Ut Michael K. Tran, also known as Ut K. Tran, and KimQui T. Tran are
hereby appointed the plenary co-guardians of the estate of Tien Khai Tran and are
vested with and authorized to execute all powers, authorities, duties and functions
of plenary guardians of the estate of Tien Khai Tran as authorized by the law of
Pennsylvania. Further, the said Ut Michael K. Tran, also known as Ut K. Tran, and
KimQui T. Tran are hereby directed to take possession of and to manage the
finances, assets, and property of the said Tien Khai Tran and to apply such items
for his benefit. In the event that either of the co-guardians appointed by this order
are deceased or incapacitated to the extent that they cannot serve as the plenary co-
guardian of the estate of Tien Khai Tran, the surviving plenary co-guardian is
appointed to serve alone.
BY THE COURT,
J.
Distribution:
Samuel L. Andes, Esquire
525 North 12 `h Street, P.O. Box 168, Lemoyne, PA 17043
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: TIEN KHAI TRAN CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-1251
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 1/31/13
JUDGE'S INITIALS: MLE
TIME STAMP DATE: 1/31/13
IN RE: ORDER APPOINTING PLENARY GUARDIAN OF THE PERSON AND PLENARY
GUARDIAN OF THE ESTATE
SERVICE TO: TIEN KHAI TRAN MARK F BAYLEY
UT MICHAEL K TRAN AN KHAI TRAN
KIMQUI T TRAN SAMUEL L ANDES
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS ® PETITIONER
❑ RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 1/31/13
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑ USPS ❑ PETITIONER
❑ RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
Deputy
Clerk of Orphans' Court