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Home My WebLink About04-10-15 � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION o.c. No. 2 /-�,S - /,5� � �� A a ESTATE OF JOSEPH A. NELL� ; o � m � AN ALLEGED INCAPACITATED PERSON �; � �, � � � _ r- � � o � r� FINAL DECREE �. � . � � �� " � o '� .� F6 ; _3 . � --� AND NO W, this �� day of_�_QCy�_, 2015, based upon the evidence�eceived'and th�' �� N o m � record, this Court finds, by cleaz and convincing evidence,that 7oseph A. Nell is adjudged a totally incapacitated person. The Court finds that Joseph A. Nell suffers from dementia, a condition that totally impairs his capaciTy to receivc and evaluate information effectively, [o make and communicate decisions concerning management of his financial affairs, and to meet essential requireme�ts for his physical health and safety. Brian Brooks d/b/a Pe�nsylvazila Guazdianship Association is hereby appointed Plenary Permanent Guardian of the PERSON of Joseph A. Ne1L The Guazdian of the PERSON shall file a Report on the social, medical and other relevant condipons as required by 20 Pa.C.S.A. § 5521(c)(ii) within the first twelve months of their appointment and annually thereafter. Brian Brooks d/b/a Pennsylvania Guazdia�ship Association is hereby appointed Plenaiy Permanent Guardian of the ESTATP of Joseph A. Nell. Bond is waived. The Guazdian of lhe ESTATE shal] file an inventory within three months of this decree of the incapacitated persods real and persoaal proper[y, pursuant [0 20 PaC.S.A. § 5521(b). In addi[ion, the Guazdian of the ESTATE shall file a report within the first twelve months of their appoinhnent and a[ least aunually thereafter, containing the information required in 20 Pa.C.S.A. § 5521(c)(1)(i). �P Ncither the Guazdian of the PERSON nor the Guazdian of the ESTATE shall have auihodty to en[er a safeTy deposi[box in the name of Joseph A. Nell (individually orjoin[ly) without written Court authorization. The Guardian of the PERSON shall have authority and responsibility to decide where 7oseph A. Nell shall ]ive and how meals, personal caze, transporta[ion and recrealion will be provided. The Guardian of the PERSON shall also have the au[hority [o authoriu and consent to medical treatrnent and surgical pmcedures necessary for the well-being of Joseph A. Nell. The Guazdian of the PERSON and the Guardian of the ESTATE shall cooperate to prepare a budget to cover the cost of providing the aforementioned services to the person of Joseph A. Nell. The Guardian of the ESTATE shall have authority and responsibiliTy to manage and use the incapacitated person's property for his benefi[in accordance with 20 Pa.C.S.A. § 5536(a). The Guazdian of the ESTATF, is permitted to spe�d INCOME for[he incapacitated person withou[the Court's written approvat. Brian Brooks d/b/a Pennsylvania Guardianship Association shall be entitled to reasonable fees for services provided to the incapacitated person, and if the incapaciTated persou qualifies for Medical Assistance benefits, Brian Brooks d/b/a Yeeu�sylvania Guardianship Association shal] be entitled to $100.00 per month or other amoun[established by the Commonwealth. Banks and other financial institutions shall release to the Guardian of the ESTATE pertinent information upon the Guardian's reques[. Brian Brooks d/b/a Pe�nsylvania Guardianship Association having now been appoin[ed Guardian of the ESTATE of Joseph A. Nell, and having determiued it appropriate [o exercise the authoriTy granted under 20 Pa C.S.A. § 5604(c)(1) of the PEF Code [o resciud any and all durable powers of attorney heretofore exewted by the incapacitated person, said power(s) are hereby deemed to be null and void. The aforemenboned judicial determinations have taken into consideration the matters required by 20 Pa.C.S.A. § 5572.1. Thc Court's findings of fact and conclusions of]aw have been placed on the record at the evidenaary hearing. Joseph A. Nell is advised and informed that he has a right [o appeal tlus detemvnation to the Superior Court of the Commo�weal[h of Pennsylvania and, fiuther, may petition this Court at any timc to modify or terminate the guardianship. - BY THE COURT: J. . ORPHANS' COURT DIVISION . COURTOFCOMMONPLEASOF In Re: IOSEPH A NELI.,AN ALLEGED MCAP . CUMREftLAND COUNTY . PCNNSYLVANIA . N0. 2615-0158 CERTiFICATE OF SERV ICE OF ORDER ORDER DATF.: 4/l0/I S JUDGB'S MITIALS: MLE TIME STAMP DATE: 4/10/IS — INRE: FINALllCCREE � ......................................................................................................_.................... SERVICE'I'O: REN7AMIN GLATFBLTER BRIAN D BROOKS METHOD OF MAILWG ENVELOPES PROVIDED BY: ❑ USPS ❑ PETITIONER ❑ RRR ❑JUDGE � HAND DELIV6RF.D ❑CLERK OF ORPHANS COURT ❑ OTHER_ MAILED: /Iq 0/IS ............................................................................................................................ SERVICE TO: JOHN NELL 4215 CATALMA LANE HARRISBURG PA 17109 MANOR CARe 70HN A NELL 1700 MARKBT ST CAMP HILL PA 1701 I JOSEPH NELLJR24 BANCKER AVE SCHENGC'CADV NY 12302 ME7�HOD OF MAILING ENVELOPES PROVIDED BY: � USPS � PF.TITIONER ❑ RRR ❑IUDGE ❑ HAND DELIVERED ❑CLERK OF ORPHANS COURC ❑ OTHER_ MAILED:4/73/IS �� , � 11( �,� �,� �l1fi JP1�"� Depury / Clerk of Orphans' Court (