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Home My WebLink About01-31-14 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. PROOF OF SERVICE OF STATEMENT OF RIGHTS I, Linda J. Olsen, Esquire, attorney for Petitioner, hereby certify that service of a copy of the Order and Statement of Rights, a copy of which is attached, was made on Diana L. Fenton Pate, by having a copy of it read to her, as well as hand delivering a copy to her on January 29, 2014 at 3:30 p.m. at her residence, 5034 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17050. The Statement of Rights was read and explained to her, to the maximum extent possible, in language and terms she was likely to understand. Respectfully Submitted, l iq ` &'� DatJ Linda J. Olsen, •squire PA I.D. No. 92858 2000 Linglcstown Road, Suite 202 Harrisburg, PA 17110 CID w (717) 540-4332 o n_ lolsen @hazenelderlaw.com CID W a - U W C!! i C5 T? CYO W W K - V �V IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA ORPHANS' COURT DIVISION ay s rn m c,> An alleged incapacitated person : NO. 21-2013-1022 w c� A r N rn ci On the Petition of THOMAS P. PATE z U' n ° °„ v c> c p C� S J (- O FINAL ORDER OF COUR APPOINTING PLENARY GUARDIAN cO AND NOW,this 22 day o 2014, 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 physical or mental condition of DIANA L. FENTON PATE would be harmed by her presence at hearing, and further finds from the testimony: 1. That DIANA L. FENTON PATE suffers from Frontal Temporal Dementia, a condition which impairs her capacity to receive and evaluate information effectively and to make and communicate decisions concerning her management of financial affairs or to meet essential 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 on the incapacity of DIANA L. FENTON PATE to receive and evaluate information and to make or communicate decisions, a plenary Guardian of the Person and plenary A TRUE COPY FROM RECORD Guardian of the Estate are required on a permanent basis. In Testimony wherot,I hereunto set my hand and the seal A_h ourt a�die le,Pay -el f4c oC:6edand County 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 THOMAS 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-resuscitate 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("HIPAX). The Guardian shall be considered the personal representative for DIANA L.FENTON PATE's heath care disclosures 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 medical providers and insurers or other third party payors. As Guardian of the Estate,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 taxes, 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 shall be filed within 12 months and annually thereafter. Bond is hereby waived. DIANA L. FENTON PATE, an incapacitated person, 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 Petitioner 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. J. 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 ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN(10)DAYS OF THE DATE OF THE COURT'S ORDER, IF 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 TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP,YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PROVIDED AT NO COST TO YOU. Exhibit"A" IN RE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE MATTER OF THE NINTH JUDICIAL DISTRICT DIANE L. FENTON PATE ORPHANS ' COURT DIVISION 21-13-1022 ORPHANS ' COURT DIVISION IN RE: ADDENDUM TO APPOINTMENT OF GUARDIAN ORDER ORDER OF COURT AND NOW, this 22nd day of January, 2014, following a hearing, an addendum is made to the final Order of Court appointing plenary guardian. If the appointed guardian, Thomas Pate is unwilling or unable to act or to continue to act in the best interests of the incapacitated person, Diane L. Fenton Pate, notice must be given to the Court and the guardian ad litem, Lisa Coyne, Esquire . By the Co� Thomas A. Placey C.P.J. Linda J. Olsen, Esquire 2000 Linglestown Road Suite 202 Harrisburg, PA 17110 Lisa- M. Coyne, Esquire 01 Market Street Camp Hill, PA 17011 :mae C) A r rri C O M C3 m C- G? O L N 70 mxc� � C, ;e A rn m r— m ;a o z U 7C O C CJ C, O -'n n O 7! f) C C> F r rn Cl)