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IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
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An alleged incapacitated person :NO. 21-2013-1022 � � "" rn �,
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On the Petition of THOMAS P. PATE A � � � �' '`�'
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FINAL URDER OF COUR ` APPOINTING PLENARY �"' °
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AND NOW,this e�-�d y o ,201�,a hearing in this case having been
held on January 22,2014 at 3:00 p.m.,and it appearing to the Court that DIANA L.FENTON PATE
was served with a Citation and Notice of this hearing on November 26, 2013, and the Court finds
that the p�lysical or mental condition of DIANA L. FENTON PATE would be harmed by her
presence at hearing, and further finds from the testimony:
l. That DIANA L. FENTON PATE suffers from Frontal Temporal Dementia, a
condition which iinpairs her capacity to receive and evaluate information effectively and to make and
communicate decisic�ns concerning her management of financial affairs or to meet essentia�
requirements for her physical health and safety.
2. That there are insufficient supports available to assist DIANA L.FENTON PATE in •
such decisions and that there exists no other less restrictive alternative mechanism for decision-
making.
3. That based�n the incapac�ty�f DIANA L.FENTON PATE to receive and evaluate
. information and to make or cor,imunicate decisions, a plenary Guardian of the Person and plenary
Guardian of the Estate are required on a permanent basis.
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NOW,THEREFORE,based on the clear and convincing evidence supporting the foregoing
findings it is ORDERED,ADJUDGED and DECREED that DIANA L.FENTON PATE be and is
hereby adjudged an incapacitated person, and TH4MAS P. PATE is appointed Plenary Permanent
Guardian of the Person and Estate of DIANA L.FENTON PATE. As Plenary Permanent Guardian
of the person, THOMAS P. PATE has the authority to access all DIANA L. FENTON PATE's
medical records,including but not limited to psychiatric records,and to request and/or terminate an
out-of-hospital do-not-restiscitate order on behalf of DIANA L.FENTON PATE,in accordance with
Pennsylvania law. Further,as Guardian of the person,THOMAS P.PATE shall have the power and
authority to serve as personal representative for all purposes of the Health Insurance Portability and
Accountability Act of 1996,(Pub.L.104-191),45 CFR Sections 160 through 164("HIPAA"). The
Guardian shall be considered the personal representative for DIANA L.FENTON PATE's heath care
disclosure�under the 2004 federal HIPAA regulations and shall have full authority to review DIANA
L. FENTON PATE's medical records and to execute releases of confidential information from
me.clical providers and insurers or other third party payors.
As Guardian of th�Estat�,THOMAS P.PATE shall have the authority to make distributions
from principal and/or income for the payment of care expenses,and all medical needs. In addition,
THOMAS P.PATE shall have the authority to make distributions from principal for legal fees and
the t�es,utilities, and insurance for any real property owned by DIANA L. FENTON PATE.
An Inventory must be filed within ninety(90)days. A report by the Guardian sha11 be filed
within 12 mont�s and annually thereafter.
Bond is hereby waived.
F
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DIANA L. FENTON PATE, an incapacitated p+erson, has the right to appeal this Order of
Court by filing exceptions within ten (10) days of this date or to petition this Court for a review
hearing to modify or terminate the guardianship herein established.
If DIANA L. FENTON PATE was not present at this hearing on appointment of Guardian,
then Fetitioner shall serve upon and read to DIANA L. FENTON PATE the Statement of Rights,a
copy of which is attached to this Order as Exhibit"A",and file proof of such service with this Court
within ten days.
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IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS ''
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION '
An alleged incapacitated person : NO. 21-2013-1022
On the Petition of THOMAS P. PATE
STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN
AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICA�TED AN
INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MIANAGE
YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS '�'O THE
COURT'S DECISI�I�WITHIN TEN(10)DAYS OF THE DATE OF THE COURT'S OR.�ER. IF
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YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE�EVENT
THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED,YOU HAVE A RIGHT'�'O FILE
, AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE D;ATE OF
THE DENIAL OF THE EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE T�ME TO
MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE Il�+T YOUR
CAPACITY OR IF YOUR GUARDIAN FA�LS TO PERFORM HIS/HER DU'�'IES IN
ACCORDANCE WITH THE COURT'S ORDER.
IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO 11�IODIFY
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OR TERMINATE THE GUARDIANSHIP,YOU HAVE THE RIGHT T4 BE REPRESEN!TED BY
AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY A�'POINT
ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY,THE SE�VICES
OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PRC�VIDED
AT NO COST TO YOU.
Exhibit"A" '
: ORPHANS' COURT DIVISION
� . COURT OF COMMON PLEAS OF
In Re: DIANA L FENTON PATE . CUMBERLAND COUNTY
. PENNSYLVANIA
: N0.21-13-1022
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 1/22/14
JUDC�E'S INITIALS: TAP
TIME STAMP DATE: 1/22/14
IN RE: FINAL ORDER
............................................................................................................................
SERVICE TO: HAZEN ELDER LAW 2000 LINGLESTOWN RD STE 202 HARRISBURG PA 17110
THOMAS P PATE 5034 ERBS BRIDGE RD MECHANICSBURG PA 17050
DIANA L FENTON PATE 5034 BRIDGE RD MECHANICSBURG PA 17050
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS �PETITIONER
�� ❑JUDGE
❑HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑OTHER
MAILED: 1/24/13 I
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SERVICE TO: LISA MARIE COYNE 3901 MARKET ST CAMP HILL PA 17011
METHOD OF MAILING: ENVELOPES PROVIDED BY: '
�USPS ❑PETITIONER
�� � ❑JUDGE
❑HAND DELIVERED �CLERK OF ORPHANS COURT
❑OTHER
MAILED: 1/24/13
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e uty '
erk of Orphans' Court