HomeMy WebLinkAbout01-24-14 IN RE: DIANA L. FENTON PATE, ��
rn �
� � � �
w � `�'' � � IN THE COURT OF COMMON PLEAS
� � � � � � OF THE NINTH JUDICIAL DISTRICT
+�,,. 4. °c' � °
� �++� w
�� `� ORPHANS' COURT DIVISION
c� r� �"' w � �
U�,! � N ,,.a '� pC
� '�' � � � � 21-2013-1022
4 ,r� --a �
� � � �' �;
� `� I�RE: PEf�"TION FOR APPOINTMENT OF A PLENARY GUARDIAN
OPINION
PLACEY, C.P.J., 24 JANUARY 2414
At issue in the present case is whether Diane L. Fenton-Pate should be
adjudicated an incapacitated person on a permanent basis and, if yes, whether Thomas
P. Pate should be appointed plenary guardian of her person and estate. A hearing was
held in this matter on 22 January 2014. The alleged incapacitated person was not
present for the hearing, her presence having been excused by the court pursuant to
written medical depositiQn testimony indicating that her appearance was "not
recommended to due physical stress." Mrs. Fenton-Pate's court appointed counsel,
Lisa M. Coyne, Esquire, was present and participated in the hearing.
Based on the evidence presented at the hearing, the following findings of fact
and discussion are made:
1. The alleged incapacitated person is Diana L. Fenton-Pate an adult
individual in domiciliary Cumberland County Pennsylvania, who presently
resides at 5034 Erbs Bridge Road, Mechanicsburg Pennsylvania 17050.
2. Petitioner is Thomas P. Pate whose address is also 5034 Erbs Bridge
Road, Mechanicsburg, Pennsylvania.
3. The alleged incapacitated person suffers from Frontotemporal Dementia
(FTD) which is a neurodegenerative disease of the brain.
4. As a consequence of her condition, Mrs. Fenton-Pate's ability to receive
and evaluate information effectively and communicate decisions has
become impaired to such a significant extent that she is totally unable to
manage her financial resources and totally unable to meet essential
requirements for her physical health and safety.
5. Mrs. Fenton-Pate's estate is just over $500,000.00 and her annual income
from retirement is approximately $40,000.00.
6. The prognosis for Mrs. Fenton-Pate is poor as the medical testimony
indicates that her advanced deterioration will only continue.
7. Mrs. Fenton-Pate is in need of a plenary guardian of her person and
estate.
8. The duration of this necessary guardianship must be considered indefinite
and, for practical purposes, permanent.
9. The proposed guardian, Thomas P. Pate, who is Mrs. Fenton-Pate's
husband is appropriate to serve as guardian of Diana L. Fenton-Pate's
person and estate and is qualified to do so under the statute.
10. Indeed Mr. Pate has been performing the role of defacto guardian of Mrs.
Fenton-Pate, albeit on a limited basis, due to the rapid onset of this
disease that prevented proper estate planning to be made in advance of
her incapacity.
2
11. Mrs. Fenton-Pate is in need of daily full time care which will require the
proper financial management of her estate that heretofore has not been
permitted without a lawful authorized guardian.
12. The foregoing findings of fact are made on the basis of clear and
convincing evidence.
DISCUSSION
The provisions of adjudication of incapacity are contained in 20 Pa. C.S. § 5�01
et seq. The Petitioner has substantially complied with these provisions and based on
the foregoing findings of fact a court of order was entered in open court on the 22
January 2014. This opinion is in support of that previously issued final order.
BY TH E
Thomas A. Placey C.P.J.
Distribution:
Linda J. �Isen, Esq.
Lisa M. Coyne, Esq.
3
... ._ . _..._- ....._ __...__ ._.. . . .....__.___ .__ ._.._._ _. ...... ._ .__.__. ...._-_ ....__ _ .._ .__._
. ORPHANS'COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: DIANA L FENTON PATE . CUMBERLAND COLJNTY
. PENNSYLVANIA
: N0.21-13-1022
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 1/24/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 1/24/14
IN RE: OPINION
............................................................................................................................
SERVICE TO: LISA M COYNE 3901 MARKET ST CAMP HILL PA 17011
LINDA J�LSEN 2000 LINGLESTOWN RD STE 202 HARRISBURG PA 17110
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS ❑PETITIONER
❑RRR �JUDGE
❑HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑OTHER
MAILED: 1124/14
............................................................................................................................
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS � ❑PETITIONER
❑RRR ❑NDGE
❑HAND DELIVERED ❑CLERK OF ORPHANS COURT .
❑OTHER
MAILED:
,
. �
�
.
e ty
er f Orphans' Court