HomeMy WebLinkAbout08/24/15 IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN THE MATTER OF :
PHYLLIS DELL MARTIN :
An Alleged Incapacitated Person : No. 21-15-671
FINAL DECREE
AND NOW, this 24th day of August, 2015, upon consideration of the Petition for
Adjudication of Incapacity and Appointment of Guardian, the Court makes the following
findings:
1. That Phyllis Dell Martin is 90 years old and resides in the personal care unit at
Messiah Lifeways, a continuing care retirement community located at 100 Mt. Allen Drive,
Mechanicsburg, Pennsylvania, 17055.
2. That Phyllis Dell Martin suffers from significant cognitive impairment due to
dementia.
3. That Phyllis Dell Martin was examined by Jennifer Weber, D.O.
4. That Jennifer Weber, D.O. has opined that Phyllis Dell Martin is unable to
manage her financial affairs, is unable to make and communicate responsible decisions relating
to her financial affairs, is unable to make responsible decisions concerning her person, health,
welfare, and safety, and that her ability to communicate her needs concerning her health, welfare
and safety is markedly impaired.
5. That Jennifer Weber, D.O. opined that Phyllis Dell Martin's condition or
disability is of a type that will only worsen over time.
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6. That Phyllis Dell Martin is a totally incapacitated person as defined by 20 Pa.
C.S.A. §5501.
7. That Phyllis Dell Martin is in need of a plenary guardian of her person and estate.
8. That Phyllis Dell Martin's disability is of a type that shall continue indefinitely
and the need for a guardian for her estate and person shall continue indefinitely and until further
Order of Court.
9. That it is in the best interest of Phyllis Dell Martin to appoint Keystone
Guardianship Services as plenary guardian of her estate and person.
10. The judicial findings and determinations contained herein have taken into
consideration the matters required by 20 Pa. C.S.A. §5512.1.
Accordingly, based on the foregoing findings, it is therefore ORDERED and DECREED
that Phyllis Dell Martin is a totally incapacitated person. Keystone Guardianship Services is
appointed the plenary guardian of the person and estate of said Phyllis Dell Martin. The
guardian shall have all the powers and duties provided by law, including those described in 20
Pa. C.S.A. §5521. The appointment of the guardian shall be effective until further Order of
Court. The guardian is hereby designated as the personal representative of Phyllis Dell Martin
for purposes of 45 C.F.R. § 164.502.
As Phyllis Dell Martin is recipient of supplemental security income benefits in a personal
care home setting, the guardian shall receive a monthly fee of$100.00. If Phyllis Dell Martin
becomes eligible for and receives Medical Assistance benefits, the guardian shall receive a
monthly fee of$100.00, and shall be entitled to receive the Medical Assistance guardianship
allowance from the Medical Assistance program, currently $100.00 per month. A start-up fee in
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the amount of�shall be paid from Phyllis Dell Martin's resources. If said funds are
inadequate to pay the start-up fee, the Petitioner shall pay any remaining balance.
The Guardian shall have authority and responsibility to manage and use the incapacitated
person's personal property primarily for her benefit. The Guardian shall have the authority to
expend Estate income for the care and maintenance of Phyllis Dell Martin without the Court's
written approval. The Guardian shall have the authority to expend principal of the Estate to
satisfy the outstanding balance on the account of Phyllis Dell Martin without the Court's written
approval. If necessary, the Guardian shall be permitted to invade principal to establish or fund a
burial reserve and prepaid funeral arrangements.
The Guardian shall have the authority to enter a safe deposit box in the name of Phyllis,
Dell Martin.
The Guardian shall have the authority and responsibility to decide where Phyllis Dell
Martin shall live and how meals, personal care, transportation and recreation will be provided.
The Guardian shall have the authority to authorize and consent to medical treatment and surgical
procedures necessary for the well-being of Phyllis Dell Martin.
Within ninety (90) days of the date of this Decree, the guardian shall file a complete
Inventory on behalf of Phyllis Dell Martin in accordance with the provisions of 20 Pa. C.S.A.
§5521(b) and §5142. Furthermore, the guardian shall file a Report at least once within the first
twelve (12) months of its appointment and at least annually thereafter in accordance with the
provisions of 20 Pa. C.S.A. §5521(c)(i) and (ii). The Court waives entry of a bond at this time
pending review of the Inventory.
Any Power of Attorney instrument previously executed by Phyllis Dell Martin is hereby
revoked.
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Counsel for Petitioner shall cause to be served upon and read to Phyllis Dell Martin a
copy of this Final Decree and file proof of such service with the Clerk of the Orphans' Court
within twenty (20) days.
Exceptions may be filed within twenty (20) days from the date of this Final Decree. An
Appeal from the Final Decree may be taken to the appropriate Appellate Court within thirty (30)
days from the date of entry of the Final Decree. (See Pa. O.C. Rule 7.1 as amended and Pa.
R.A.P. 902 and 903). ���— 4�� �����h 1� �
(.9Q �,���4 ���'�''�' BY T��OURT:
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J.
omas A.Placey
Common Pieas Judge
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: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: PHYLLIS D MARTIN . CUMBERLAND COLJNTY
. PENNSYLVANIA
. N0.21-15-0671
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 8/24/15
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 8/24/IS
IN RE: FINAL DECREE
............................................................................................................................
SERVICE TO: CONNIE STONEROAD/KEYSTONE GUARDIAN SVS. ***HAND DELIVERED ON 8/24/15****
ROBERT P KLINE 714 BRIDGE ST NEW CUMBERLAND PA 17070
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑ USPS ❑ PETITIONER
❑ RRR � JUDGE
❑ HAND DELNERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 8/24/15
............................................................................................................................
SERVICE TO: SUSAN LEONG 1700 BENT CREEK BLVD STE 140 MECHANICSBURG PA 17050
PHYLLIS D MARTIN C/O MESSIAH LIFEWAYS 100 MT ALLEN RD MECHANICSBURG PA
17055
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS � PETITIONER
❑ R.RR ❑ JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑ OTHER
MAILED: —
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�uty' �
Clerk.of Orphans' Court