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HomeMy WebLinkAbout01-28-14 O rn - x x . M, O i oO O Np O C � O 0 z �Aftk N z Iz 4 CZ 1 A � � —'�� ..�"�.� .r' • !. 5, ��\\\ r i Y e� 1' ,.. e, _ � /� '1 t� S 1; �� F ' �.r+ J` I y.?' r � � � ..� ��� � �� �. ..�-' � � �.+� ....^ .r." �-•' ) ,1' .�" }l I '1 -" C ...- 8F �' ....- � J t .� .�• — �l � ✓ ' 1 r r �� � `� /( .�', i _'� 4 f� i m M C> c� a 0 in IN RE: ANNE DYKES IN THE COURT OF COMMON PLEA uPo'C ,v m m DAVIS, AN ALLEGED CUMBERLAND COUNTY, PENNSYLJ ',A ° ;' ° INCAPACITATED ORPHANS' COURT DIVISION o �; o n ° T PERSON c� o -n 3 � -2 NO. 21-13-1065 ORPHANS' COURT t r r" s FINAL DECREE OF GUARDIANSHIP AND NOW, this 20a' day of November,2013, based upon the record and the testimony presented, this Court finds by clear and convincing evidence that Anne Dykes Davis suffers from severe dementia and is an incapacitated person who cannot manage her personal or financial affairs, and that expert medical testimony was presented that her condition will not improve, and accordingly, It is hereby ORDERED and DECREED that Dawn Ferguson is appointed Plenary Guardian of the Person and Estate with powers and duties including, but not limited to the following: (1) to consent to medical treatment; (2) to provide for the continued care and placement of Anne Dykes Davis, including to consent to and authorize admission to a long-term care or other appropriate care facility; (3) to oversee her care at any,long- tern care of other facility; (4) to complete and sign any necessary insurance; (5) .to ascertain the amount and extent of any assets of_and to sue such funds as necessary to fulfill the preceding duties; and (6) to provide for the continued care and well-being of Anne Dykes Davis, all in accordance with the provisions of 20 Pa. C.S.A..§5501, et seq. and as limited therein. IT IS FURTHER ordered that the Guardian of the Estate shall not post a Court- appointed bond. THE GUARDIAN of the Estate shall have the authority and responsibility to r manage and use the incapacitated person's property and assets primarily for Ms" nnew- r r Dykes Davis's benefit. The Guardian of the Estate is permitted to spend income f� th^e, iv N r Gp care and maintenance of the incapacitated person without the Court's written ap val, .! and that the Guardian of the Estate is authorized to expend principal from a bank ac�nf �' T .. in the-name of Anne Dykes Davis, being held at Intervest Bank, and from a CD that4sN in the amount of$1,000.00 in the name of Anne Dykes Davis provided, however, that-the f Guardian of the Estate provides an accounting and inventory of these expenditures on a yearly basis. The Guardian may petition the Court for grant of additional allowance for payments of fees, costs, or expenses related to providing services hereunder, to be payable from the Estate assets. IT IS FURTHER ordered that the Guardian of the Person shall file a Report on the social, medical and other relevant conditions within six (6) months from the date of this appointment and annually thereafter as required by 20 Pa. C.S.A. §5521(c), on the forms provided by the Clerk of the Orphans' Court of Cumberland County. IT IS FURTHER ordered that the Guardian of the Estate shall file an Inventory with the Court within ninety (90) days and a Report within six (6) months from the date of this appointment and annually thereafter as required by 20 Pa. C.S.A. §5521(c), also on the forms provided by the Clerk of Orphans' Court of Cumberland County. IT IS FURTHER ordered that within sixty (60) days of the death of the incapacitated person or an adjudication of capacity and modification of existing Orders, the Guardian shall file a final Report with the Court. 20 Pa. C.S.A. §5521(c)(2). BY THE COURT, Christylee L. Peck, J. Brian K. Zellner, Esq. 2608 North Third Street Harrisburg, PA 17110 Attorney for Petitioner Frederick Davis 626 Shadow Tree Drive Oceanside, CA 92058 Falo} Davis �.v'v York City Department of Corrections 75-20 Astoria Blvd. East Elmhurst, NY 11370