HomeMy WebLinkAbout08-13-15 (5) IN RE: MARY MAR�fHA HAGAN : IN THE COURT OF COMMON PLEAS ��� �
: CUMBERLAND COONTY, PENN.L�'1'LVANT� A �
an alleged incapacitated person : ' � �_' " ��
: ORPHANS' COURT DIVISION '� o �' �', F—',
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No. � j- /�-��� 7�Y , � ' : >
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EMERGENCY ORDER OF COURT APPOINTING GUARDIAN � ',;; �,
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AND NOW, this��day of�, ZO15, upon
consideration of the Emecgency Petition to Adjadicate Incapacitated and appoint
guardian of the person/estate, Ihe Court finds the following:
1. 'Phe alleged incapacitated person, Mary Martha Hagan, suffers from dementia and
Alzheimer's. This condition has totally impaired her capacity[o receive and
evaluate information effectively to make and communicate decisions conceming
the management of her financial affairs. This condition totally impairs her
capaciry to mee[essential cequiiements for her physical health and safety.
2. That there aze insufficient supports available to assist Mary Martha Hagan in
overooming such limitations and that thece exists no less reshictive altemative
mechanism for decision making other[han the appointrnent of a plenary
guardian of the person and a plenazy guazdian of the estate.
3. That based on the incapacity of Mary Mar[ha Hagan to receive and evaluate
information and ro make or communicate decisions, a plenary guazdian of the
person and a plenary guardian of the estate aze required on a permanenl basis.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED
that Mazy Martha Hagan be and is hereby temporarily adjudged a rotally incapacitated
person and that her brother-in-law,James Albert Hagan is temporarily appointed Plenary
Permanent Guazdian of the Person and Plenary Permanent Guardian of the Es[ate.
James Albert Hagan bei�g the temporary plenary guardian of the person, shall
have [emporary plenary powers over the person of Mary Martha Hagan, including but not
limited to, full authoriry to consent to the geoeral care, main[enance and custody of Mary
Martha Hagan; the authority to desig�ate a place for Mary Martha Hagan [o live, including
admission into a nursing home; and the authoriTy to provide required consents or approvals
on behalf of Mary Martha Hagan which aze necessary for the well-being of his person.
James Albert Hagan shall assure tha[ Mary Martha Hagan receives appropriate services and
shall, if reasonably possible,assist hec in developing self-reliance and independence.
James Albert Hagan, being the temporary plenary guardian of the estate, shall
have temporary plenary powers over the estate of Mary Martha Hagan, including but not
]imited to the authorization to access the financial �ecords of Mary Martha Hagan whether
those records be at a Banlc, a Credit Onioo, a Brokerage firm oi elsewhere and also the
authorization to spend income and principal of the estate for the benefit of Mary Martha
Hagan. For lhe care or maintenance of Mary Mattha Hagan, James Albert Hagan is
authorized to spend up to $10,000 of the pdncipal assets of Mary Martha Hagan.
As temporary guazdian, on behalf of Mary Martha Hagan, lames Albert Hagan
shall have the authority to e�gage i¢transactions with the Intemal Revenue Service and the
Pennsylvazva Department of Revenue. These transactions shal] include, but not be limited
to, filing Federal Income Tax Retums, filing Pennsylvania lncome TaY Retums and
requesting copies of previously filed taY �etiuns.
If income or principal funds of Mary Mar[ha Hagan are available or become
available, the guardian is authorized to establish a prepaid 'urevocable burial accoun[ for
Mary Martha Hagan up ro the cucrent medical assistance allowable amount.
Guardian shall not transfer, sell, encumber or cause any iealry or title there[o
currently owned by Mary Martha Hagan to become encumbered or affected in any
manner unless they kiave first made application to this Cour[ and subsequently have
received the express written approval therefrom.
Guazdian shall not be required to post bond.
The Power of Attomey document appointing James E. Hagan as agent for Mary
Martha Hagan is hereby revoked.
If therc is a safe deposit box in the name of Mary Martha Hagan alone or in the
names of Mary Martha Hagan and another or others, said safe deposit box shall not be
entered by the guardian except in the presence of a repcesenta[ive of the financial institutiou
where the box is located or in the presence of a representative of the Orphans' Court
Division. If the safe deposit box is joinHy owned, five(5)days' norice of the proposed euhy
shall be given to the other owners by the guazdian. The representative present at[he time of
entry shall make or cause to be made a record of Mary Martha Hagan's property, and said
record shall be filed with the Clerk of the Orphans' Court Division. None of Mary Martha
Hagan's property may be removed until after the afocesaid imentory is completed.
An Inventory must be filed by the guardian within nineTy(90) days. A report by
each guazdian shall be Sled within ninety(90)days and annually thereafter.
A full hearing shall be held before this Honorable Court o0
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v�turu�L�� � 7 , 2015, at /v"DDfltime, in courtroom �— , of the Cumbedand
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CounTy Courthouse.
BY THE COURT:
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J.
Distribution:
Mazk T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112