HomeMy WebLinkAbout08-13-15 (5) IN RE: JAMES E. HAGAN : IN THE COURT OF COMMON PLEAS ..
: CUMBERLAND COUNTY, PENNSYLVANF,� .� �
an aileged incapacitated person : c `.'� � � o
: ORPIIANS' COURT DNISION �`� -" ,� <.� ;- �,
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No. .� � �i�-c`x19 � - , ; :,
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EMERGENCY OF COURT APPOINTING GUARDIAN ' ' - 'n
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AND NOW, this��day of�u� , 2015, upon
wnsideration of the Emergency Pe[ition[o Adjudicate Incapacitated and Appoint
Guazdian of the Person/Estate,the Cour[ finds the following:
1. The alieged incapacitated person, James E. Hagan, suffered a massive s[roke on
or about August 6,2015. This condition has[otally impaired his capacity to
receive and evaluate information effectively to make and communicate decisions
concerning the management of his financial affairs. This condition totally
impairs his capacity to mee[essential requiremen[s for his physical health and
safety.
2. Tha[there aze insufficient suppoRs available to assist 7ames E. Hagan in
uvercoming such limitations and that there exists no less resh'ictive altemative
mechanism for decision making other than the appointment of a plenary
guazdian of the person and a plenazy guazdian of the estate.
3. That based on the incapacity of James E. Hagan[o receive and evaluate
information and to make or communicate decisions, a plenary guazdian of the
peison and a plenary guazdian of the estate aze required on a permanent basis.
NO W, THEREFORE, IT IS ORDERED,ADJUDGED AND DECREED
that James E. Hagan be and is hereby temporarily adjudged a totally incapacitated person
and that his brother,James Albert Hagan is temporarily appointed Plenary Permanent
Guardian of the Perso� and Plenary Permanent Guazdian of the Estate.
James Albert Hagan being the temporary plenary guardian of the person, shall
have temporary plenary powers over the person of lames E. Hagan, including but not
limited to, full authoriry to consent to the genecal cace,maintenance and castody of James E.
Hagan; [he authoriry to designa[e a place for 7arnes E. Hagan to live; to make healthcare
decisions; and the authority to provide required consen[s or approvals on behalf of James E.
Hagan which are necessary for the well-being of his person. James Albert Hagan shall
assure that James E. Hagan receives appropdate services and shall, if reasonably possible,
assist him in developing self-reliance and independence.
James Albert Hagan, being the temporary plenary guardian of the estate, shall
have plenary powers over the estate of James E. flagan, including but not l'united to the
authorization ro access the financial records of James E. Hagan whether those records be
a[ a Bazilc, a C�edit Unioq a Bmkerage firm or elsewhere and also the authorization to
spend income and principal of Ihe estate for Ihe benefit of James E. Hagan. For the care
or main[enance of James E. Hagan, James Albert Hagan is authorized to spcnd up to
$10,000.00 of the principal assets of James E. Hagan.
As temporary guardian, on behalf of James E. Hagan, James Albert Hagan shall
have the authority to engage in transactions with the Intemal Revenue Service and the
Pennsylvania Department of Revenue. These transactions shall include, but not be l'united
to, filing Federal Income Tax Retums, filing Pennsylvania lncome Tax Retams and
requesting copies of previously filed tazc retums.
If income or principal funds of Iames E. Hagan are available or become
available, the guardian is authorized to establish a prepaid irrevocable burial account for
James E. Hagan up[o the current medical assistance allowable amount.
Guai'dian shall not transfer, sell, encumber oi cause any iealty or title the�e[o
currently owned by James E. Hagan to become encumbered or affected in any manner
unless they have tirst made application to this Court and subsequently have received the
express written approval thecefrom.
Guazdian shall not be required to post bond.
The Power of Attomey document appoin[ing Jea� Ishman as agen[ for James E.
Hagan is hereby revoked.
If there is a safe deposit box in the name of James E. Hagan alone or in the
names of James F,. Hagan and another or others, said safe deposit box shall not be entered
by the guardian except in the piesence of a representative of the ficiancial insdtu[ion wheie
the box is located or in the pcesence of a representative of the Oephans' Court Division. If
the safe deposit box is jointly owned, five (5) days' no[ice of the proposed entry shall be
given to the othec owuers by the guazdian. The representalive present at the time of entry
shall make or cause to be made a record of James E. Hagan's property,and said record shall
be filed with the Clerk of the Orphans' Court Division. None of James E. Hagan's property
may be removed un[il after the aforesaid inventory is completed.
An Invenmry must be filed by[he guazdian within ninery(90) days. A report by
each guazdiao shall be filed within�inery (90)days and annually theteaftec.
A full hearing shall be held before this Honorable Court on the ��f
� 2015, at �b�D !m. in Cowtcoom � of the Cumberlarid Counry
Court of Common Pleas.
BY Tf� COURT:
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Distribution:
Mazk T. Sillikei, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112