HomeMy WebLinkAbout09-29-15 IN RE: JAMES E. HAGAN : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated person .
�.,� . . : ORPHANS' COURTDNISION
„_ � �. No. �I - �5 - S1`1
� �-
,�� _': �
�
<,_
�� � N AMENDED FINAL ORDER OF COURT APNOINTING GUARDIAN
`=, � =�
u�' `' � g�� SE�� ,201S, ahearine
�� �,.- �4Nll NO W,this �. dssy of
r - ;n'
in ihis case having becn held on 4d u5 �7 , 2015, and it appearing to the Court
that James E. Hagan was scrved with a Citation and Notice of this hearing on
_Ruc�o>� �9 , 2015, the Court fi�ds thc following from the testimony:
l. The alleged incapacitated persoq James E. Hagan, suffered a massive stroke on
or about August 6, 201�. This condition has totalty impaired his capacity to
reeeive and e��aluate information effectivety ro make and communicate decisions
conczming the inanagemcnt of his finaucial affairs. This condition totally
impairs his capacity ro mcet essential requiremen[s fox his physical healih and
safety.
2. That Ihere are insufficient supports available to assist Jamcs F.. Hagao in
overcoming such limitations and that there exists no less �estrictive altcr�ative
mechanism for dccision making other than the appointment of a plenazy
guardian of the person and a plenary guardian of the cstate.
���
3. That based oo thc i�capacity of James E. Hagan to receive and evaluate
information and to make oc commu�icate decisions, a plenary guardian of the
person and a plenary guardian of the estate are reyuiced on a permanent basis.
NOW, TIIEREFORE, [T IS ORDERED, ADJUDGEll AND DECREED
tliat lames E. Hagan be and is hereby adjudged a totally incapacitated person and that his
brother, Jamcs Albert Hagan is appoi�ted Plenary Permauc�t Guardian of the Yc�son and
Plenary Permaocnt Guardian of the Estate.
,lames Albert Hagan being the plenary guazdian of thc person, shall have pLcnary
powe�s over the pecson of Jarnes C. I[xgan, including but not limited to, full authority to
consent to die general care, maintenance and custody of James E. Ilagan; the authority to
designate a place for James E. Hagen to live;to make hcaltlicare decisions; and the authority
to provide requi�ed consents or approvals on behalf of James E. Hagan which are necessary
for the well-being of his person. James Albert Hagan shall assure that Ja�nes E. liagan
reccives appropriate services and shall, if reasonabty possible, assist him i� devcloping self-
reliance and independenee.
James Nbert Hagaq being the plenary guazdian of the estate, shall have plenary
powe�s ovcr the cstate of Jaznes E. Hagan, induding but not limited to the autho�ization [o
aecess the finaneial reeo�ds of James E. Hagan whether those records be at a Bank, a
Credit Union, a Brokerage fimi or elsewhere and also the authorization to spend income
and principal of tlie estate for the benefit of Sames E. Hagzn. For the cace o�maintenancc
of James �. Hagan, James Albert Hagan is audiorized to spend up to $7,500.00 pe�month
of the principal assets of James E. Hagan.
As guardinn, o� behalf of James E. Hagan, James ALbcrt Hagan shall have the
authority to engage in transactions with thc Intemal Revenue Service and the Pen�sylva�ia
llcpartment of Revenue. These hansactions shall include, but not be limited to, filing
Fede�al Ineome Tax Ret��rns, filing Pennsylvauia Lncome Tax Returns and �equesring copics
of previously filed tax retums.
If income or principa] funds of James E. Hagan are available or beeome
available, the guazdian is authorized to cstablish a prepaid irrevocable burial account for
J�nes E. Hagan up to thc current medical assista�ce allowable amount.
Gnzrdian shall not transfee, sell, encumber or cause any realty o�tifle thereto
currently ow�ed by.lames F.. Hagan to beeome encumbeced or affeeted in any manner
unless they have first made application to this Couct and subsequently have received the
cxpress written approval therefrom.
G�ardian shall not be required to post bond.
Thc Powcr of Attomey document appointing Jean Ishman as agent for James�.
Hagan is he�cby revoked.
If therc is a safe deposit box in the nune of James E. Hagan alone or in the
names of Jamcs E. Hagan and unother or o[hers, said safe deposit box shall not be en[cred
by the gnardian except in the presence of a �epcesentative of the finaneial inslitution whe�e
the box is located or in the presence of a representative otihe Orphans' Court Division. If
the safe deposit box is jointly owned, five (5) days' notice of the pcoposed en�y shall be
givcn to tlie othe� owners by the guardian. The �epresentative present at the time of entry
shall make or eause to be made u�eeord of James G. Hagan's pcoperty, and said cecord shall
be filed with the Clerk of the Orphans' Court Uivision. Nonc of James H. I Iagan's property
may be removed until after the aCoresaid inventory is complctcd.
An Invcntory must be filed by the guardian within ninety (90) days. A report by
each guardian shall be filed within ninety (90)days and annually thercufter.
BY THE COURT:
�
J.
Distribution:
Mark T. Silliker, Esquire, 5922 Linglestowu Road, Harrisburg, PA 17112
. ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: JAMES 6 HAGAN,AN ALLP,GED INCAP . CUMBEkLAND COUNTY
. PENNSYLVANIA
. N0.21-IS-879
CERTIFICATE OF SERVICF.OF ORDER
ORDER DA"fE: 9/29/15
JUDGE'SINITIALS: MLC ...
TIME STAMP llATH: 9/29/IS
INRE: AMFDEDFINALORDEROFCOURTAPPOINfINGGUARDIAN
............................................................................................................................
SERVICE TO: MARK SII.t.IKER MORGAN DAVIS 5922 LINGLESTOWN ROAD H.ARRISBURG PA 17112 __ _
METHOD OF MAILMG: ENVELOPF.S PROVIDED 6Y:
� USPS ❑ PETITIONF,R
❑ RRR �JUDGE
❑ HAND DEi1VE&CD ❑CLERK OF ORPHANS COURT
❑OTHER_
�1AILED: 9/29/15
............................._..................,.._,._„_,.,.....,...__,._._.._............._,..,......................_.
SERVICETO:
MBTHOD OF MAILING: ENVELOP£,S PROVIDED BY:
❑ USPS ❑ PETITIONER
❑ RRR ❑NDGE
❑ HAND DELNERED ❑ CLERK OF ORPHANS COURT
❑ OTHFR_
MAILED:
�-Y� � 1.� . �d �� �: � � L)
Depury
Clerk of Orphaas' Cow[
�.