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HomeMy WebLinkAbout08-04-15 IN RE: ESTATE OF WILLIAM A. WILLIS : IN THE COURT OF COMMON PLEAS OF AN ALLEGED INCAPACITATED : CUMBERLAND COUNTY, PENNSYLVANIA PERSON : No. c � ORPHANS' COURT DIVISIOZ PETITION UNDER SECTION 5511 OF TITLE 20, DECEDtN;TS-0 ESTATES AND FIDUCIARIES CODE TO APPOINT A PEPWANENT GUARDIAN OF THE PERSON AND ESTATE OF WILLIAM A. W! I AND NOW, your Petitioners, Bob E. Willis and Ivonne M. Willis, by and through their attorney, Hannah Herman-Snyder, Esquire, respectfully aver as follows: 1. The alleged incapacitated person, William A. Willis, hereinafter "William," is seventeen (17) years of age, having been born November 24, 1997, and he has resided with Petitioners, his father and mother, since birth. 2. Petitioners, Bob E. Willis and Ivonne M. Willis, reside at 751A Craig Road, Carlisle, Cumberland County, Pennsylvania. 3. William is single. 4. To the extent known by the Petitioners, William's income, assets, and debts are as follows: None 5. The next of kin of William are his father, Bob E. Willis, his mother, Ivonne M. Willis, and his twin brother, Charles J. Willis, with all residing as aforesaid. 6. Petitioners propose themselves as the permanent co-guardians of the person and estate of William. 7. Petitioners have no interest adverse to that of William. 8. William, who is part of a military family, and whose primary care physician is in flux, has most consistently been under the care of Dr. Man Anand, but will have a new primary care physician in the very near future, and William has been diagnosed with cerebral palsy, intellectual disability, and autism. 9. Permanent guardianship of the person and estate is sought for William for the reason that his ability to receive and evaluate information is impaired to such an extent that he is totally unable to manage his financial affairs and property and meet essential requirements for his physical health and safety, and he is unable to make and communicate responsible decisions relating thereto, including the ability to communicate his need for assistance in these areas. 10. While William has always been in the care and custody of his father and mother, he is now reaching the age of majority and guardianship is necessary to allow his father and ry mother to provide for his needs. 11. There are no less restrictive alternatives to the appointment of guardian of William as he has never had the capacity to sign a Power of Attorney, Advanced Healthcare Directive, or any other estate related document. 12. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of William. 13. The consent of the proposed guardians to serve is attached as Exhibit"A." 14. Petitioners wish to have an alternate guardian appointed so that if and when they are unable to serve as guardians, William is properly provided for and the consent of the alternate guardian will be provided at the time of the hearing on this matter, which Petitioners request not take place prior to November 24, 2015, as that is when the alternate guardian, William's twin brother, Charles J. Willis, will reach the age of majority and be able to effectuate his consent and participate in the court proceedings. 15. The proposed alternate guardian, Charles J. Willis, resides at 751A Craig Road, Carlisle, Cumberland County, Pennsylvania, and he has no interest adverse to William. WHEREFORE, your Petitioner prays that a Citation be issued upon the alleged incapacitated person to show cause why he should not be adjudicated an alleged incapacitated person and that Bob E. Willis and Ivonne M. Willis should not be appointed as co-guardians of his person and estate in compliance with Section 5501, et seq. of the Probate, Estates and Fiduciary Code, with Charles J. Willis being appointed as the alternate guardian; and further order that a hearing be held to consider evidence in support or contravention of William A. Willis's capacity and appointment of Bob E. Willis and Ivonne M. Willis as the permanent co- guardians of the person and estate of William A. Willis, with Charles J. Willis being appointed as alternate guardian; with an attorney, to be paid for by the County, appointed in regards to representing William A. Willis; and further order medical testimony may be provided at the hearing via telephone speakerphone, provided counsel for William A. Willis does not object, with such testimony to be arranged with the Court by counsel for the Petitioners. Respectful l y.submitted, �]-ov`r�n 6. '� ► man- .S'�av,.-�.1J� Hannah Herman-Snyder, Esq re Altorney.for Petitioners Superior Court ID No. 91537 GRIFFIE &ASSOCIATES, P.C. 396 Alexander- Spring Road, Suite 1 Carlisle, PA 1701.5 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: i BOB E. WILLIS VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE:a ONNE M. WILLIS CONSENT OF PROPOSED GUARDIAN TO SERVE I, Bob E. Willis, hereby consent, to being appointed as co-guardian of the person and estate of William A. Willis. If appointed, I, Bob E. Willis, promise to serve faithfully and to the best of my ability. DATE: 3I SU L BOB E. WILLIS CONSENT OF PROPOSED GUARDIAN TO SERVE I, Ivonne M. Willis, hereby consent, to being appointed as co-guardian of the person and estate of William A. Willis. If appointed, I, Ivonne M. Willis, promise to serve faithfully and to the best of my ability. DA TE: 31 1—r-) ' M. WILL S EXHIBIT