HomeMy WebLinkAbout06-05-15 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
MARGARET L. WILKEMEYER,: CUMBERLAND COUNTY, PENNSYLVANIA
AN ALLEGED ORPHANS' COURT DIVISION
INCAPACITATED PERSON NO. 21-15-0212 ORPHANS' COURT �.
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IN RE: APPOINTMENT OF PERMANENT t ,
PLENARY GUARDIANcn r:?
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FINAL DECREE
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AND NOW, this 4'h day of June, 2015, based upon the evidence receivefland.-the l
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record, this Court finds by clear and convincing evidence, that Margaret L. Wilk�meyer
is adjudged a totally incapacitated person.
The Court finds that Margaret L. Wilkemeyer suffers from dementia, a condition
that totally impairs her capacity to receive and evaluate information effectively, to make
and communicate decisions concerning management of her financial affairs, and to meet
essential requirements for her physical health and safety.
Except as set forth herein, Karen Lyons is hereby appointed Plenary Permanent
Guardian of the PERSON of Margaret L. Wilkemeyer. 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)(ii) within the first twelve months of her appointment and annually
thereafter.
Good News Consulting, Inc., is hereby appointed Plenary Permanent Guardian of
the ESTATE of Margaret L. Wilkemeyer. Bond is waived. The Guardian of the
ESTATE shall file an inventory within three months of this Decree of the incapacitated
person's real and personal property, pursuant to 20 Pa. C.S.A. §5521(b). In addition, the
Guardian of the ESTATE shall file a report within the first twelve months of their
appointment and at least annually thereafter, containing the information required in 20
Pa. C.S.A. §5521(c)(1)(i).
Except as set forth below, the Guardian of the PERSON shall have authority and
responsibility to decide where Margaret L. Wilkemeyer shall live and how meals,
personal care, transportation, and recreation will be provided. 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 Margaret L. Wilkemeyer. Under no
circumstances, however, shall the Guardian of the PERSON remove Margaret L.
Wilkemeyer from Manor Care without the authority and recommendation of her treating
physician. The Guardian of the PERSON shall, in the event any major medical decisions
are to be made, such as medical operations, admittance to hospital, emergency room
treatment, or recommendation by Margaret L. Wilkemeyer's treating physician that she
be moved to another location, notify her siblings via e-mail, text, or phone call. The
Guardian of the PERSON and the Guardian of the ESTATE shall cooperate together to
ensure the needs of Margaret L. Wilkemeyer are being met. In addition, the Guardian of
the PERSON shall provide any information and documents pertaining to Margaret L.
Wilkemeyer's finances that the Guardian of the PERSON may access.
The Guardian of the ESTATE shall have authority and responsibility to manage
and use Margaret L. Wilkemeyer's property for her benefit in accordance with 20 Pa.
C.S.A. §5536(a). The Guardian of the ESTATE is permitted to spend INCOME for the
incapacitated person without the Court's written approval. Good News Consulting, Inc.,
shall be entitled to reasonable fees for services provided to the incapacitated person, and
if the incapacitated person qualifies for Medical Assistance benefits, Good News
Consulting, Inc., shall be entitled to $100.00 month, or other amount established by the
Commonwealth.
Banks and other financial institutions shall release to the Guardian of the ESTATE
pertinent information upon the Guardian's request.
Good News Consulting, Inc., having now been appointed Guardian of the
ESTATE of Margaret L. Wilkemeyer, and having determined it appropriate to exercise
the authority granted under 20 Pa. C.S.A. §5604(c)(1) of the PEF Code to rescind any
and all durable powers of attorney heretofore executed by the incapacitated person, said
power(s) are hereby deemed to be null and void.
The aforementioned judicial determinations have taken into consideration the
matters required by 20 Pa. C.S.A. §5512.1. The Court's findings of fact and conclusions
of law have been placed on the record at the evidentiary hearing.
Margaret L. Wilkemeyer is advised and informed that she 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 THE COURT,
C&A.t,.,//�
Christyfee L. Peck, J.
Benjamin J. Glatfelter, Esq.
P.O. Box 5100
Harrisburg, PA 17110-0100
Attorney for ManorCare Health
Services — Carlisle
Grace D'Alo, Esq.
530 Greason Road
Carlisle, Pa 17015
Court-Appointed Attorney
for Alleged Incapacitated Person
Karen Lyons
213 Glenwood Drive
Dillsburg, PA 17019
Good News Consulting, Inc.
140 Roosevelt Avenue
York, PA 17401
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: MARGARET L WI:LKEMEYER CUMBERLAND COUNTY
PENNSYLVANIA
NO.21-2015-0212
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 6/4/2015
JUDGE'S INITIALS: CLP
TIME STAMP DATE: 6/5/2015
IN RE: FINAL DECREE
SERVICE TO: BENJAMIN GLATFELTER PO BOX 5100 HBG PA 17110
KAREN LYONS 213 GLENWOOD DR DILLSBURG PA 17019
GOOD NEWS CONSULTING INC 140 ROOSEVELT AVE YORK PA 17401
GRACE D'ALO 530 GREASON RD CARLISE,PA 17015
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS --®PETITIONER
❑ RRR [�GE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 6/5/2015
....................................... ........................
SERVICE TO:
METHOD OF.MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑PETITIONER
❑RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
Itamomf
Deputy
Clerk of Orphans' Court