HomeMy WebLinkAbout07-30-14 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
ORPHANS' COURT DIVISION n �;�,�;
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GUARDIANSHIP �'��� '= -
IN RE: JAY H.LOUCKS, . �- =- ` o `__, -�
An Alleged Incapacitated Person . Na, 2� - f y - L� � �,,,
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FINAL DECREE-AD,TUDICATION OF TOTALLY INCAPACITATED PERSON
AND APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON
AND E ATE
AND NOW,this �day of 2014 b
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upon the evidence received and the record, this Court finds, by clear and convincing evidence,
that Jay H. Loucks is adjudged a totally incapacitated person.
The Court finds that Jay H. Loucks suffers from Alzheimer's disease, a condition which
totally impairs his capacity to receive and evaluate information and to make and communicate
decisions concerning his management of financial affairs and to meet essential requirements for
his physical health and safety.
David Loucks is hereby appointed Permanent, Plenary Guardian of the PERSON of Jay
H. Loucks. The Guardian of the PERSON shall file a Report on the social, medical and other
relevant conditions as required by 20 Pa. C.S.A. §5521(c).
David Loucks is hereby appointed Permanent, Plenary Guardian of the ESTATE of Jay
H. Loucks, and shall file a Report within 90 days and annually thereafter. These Reports shall
comply with 20 Pa.C.S.A. § 5521(c).
The Guardian of the PERSON and ESTATE of Jay H. Loucks shall not have authority to
enter a safe deposit box in the name of Jay H. Loucks (individually or jointly) without written
Court authorization.
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The Guardian of the PERSON shall have the authority and responsibility to decide where
Jay H. Loucks shall live and how meals, personal care, transportation and recreation will be
provided to him. The Guardian of the PERSON shall also have the authority to authorize and
consent to medical treatment and surgical procedures necessary for the well being of Jay H.
Loucks.
The Guardian of the ESTATE shall have authority and responsibility to manage and use
Jay H. Loucks' property primarily for his benefit and secondarily for the benefit of his legal
dependents in accordance with 20 Pa. C.S.A. §5536(a). 20 Pa. C.S.A. §5536(a) authorizes the
Guardian of the ESTATE to spend INCOME for the care and maintenance of the incapacitated
person without the Court's written approval. The Guardian shall not spend INCOME or
PRINCIPAL assets for the care and maintenance of any other person other than the incapacitated
person without written Court approval.
Banks and other financial institutions shall release to the Guardian of the ESTATE
pertinent information upon the request of the Guazdian.
The appointment of David Loucks as Plenary Guardian of the estate of Jay H. Loucks
does not make David Loucks liable for any costs of care. David Loucks shall use its best efforts
to assist Jay H. Loucks to qualify for any and all benefits offered by Federal and State agencies,
and any personal insurance coverage held by Jay H. Loucks.
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S • H. Louc ' .
The aforementioned judicial determinations have taken into consideration the matters
required by 20 Pa.C.S.A. §5512.1. All filing fees for First Reports, Inventories, Annual Reports
and/or Final Reports shall be waived. Five certified copies of this Decree are to be provided to
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David Loucks at no cost.
Jay H. Loucks is advised and informed that he has a right to appeal this determination to
the Superior Court of the Commonwealth of Pennsylvania and, further,may petition this Court at
any time to modify or terminate the guardianship.
BY TH .
t 6�uU�'� � � ���Lfi� J.
ATTEST:
Clerk of the Orphans' Court
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. ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: JAY H LOUCKS . CUMBERLAND COiJNTY
. PENNSYLVANIA
. N0.21-14-0406
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 7/30/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 7/30/14
II�1 KE: FINAL DECREE
............................................................................................................................
SERVICE TO: ROBERT EVARTS 351 W JAMES ST LANCASTER PA 17603
JAY LOUCKS%MANORCARE 940 WALNUT BOTTOM RD CARLISLE PA 17013
DAVID LOUCKS 401 JENNIFER DR NEW CUMBERLAND PA 17070
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS � PETITIONER
❑ R-RR ❑JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑OTHER
MAILED:
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SERVICE TO: AUSTIN F GROGAN 3901 MARKET ST CAMP HILL AP 17011
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS ❑PETITIONER
❑� �JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
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Cle of Orphans' Court