HomeMy WebLinkAbout06-02-05
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INRE:
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PENNSYLVANIA
MARY DUGAN,
An alleged incapacitated person:
ORPHANS' COURT DIVISION
NO. 21-05-380
ORDER OF COURT
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AND NOW, this ,- day of
, 2005, this matter havinglieen
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called for a hearing, the Court finds, upon clear and convincing evidence, that Mary
Dugan is an incapacitated person in that she suffers from a mental impairment that
prevents her from receiving and evaluating information effectively and prevents her from
formulating and communicating decisions to such a significant extent that she is unable
to manage her financial affairs or meet essential requirements for her physical health and
safety on a daily basis.
The Court directs that the existing Power of Attorney appointing Lee Stetler as
Mary Dugan's attorney-in-fact is hereby revoked, effective immediately.
The Court appoints the Area Agency on Aging, in and for Cumberland County,
Pennsylvania, as Permanent Plenary Guardian of the Person of Mary Dugan and
Pennsylvania Guardianship Association as Permanent Plenary Guardian of the Estate of
Mary Dugan.
Under the terms of this Order, Jeanne Townsend (sister), Sharon DeBuck
(daughter), and Terri Simeon (daughter) shall be given access to medical information and
be provided an opportunity to express non-binding input and opinions on important
medical and right to life decisions. The Guardian of the Person shall file with the Bridges
at Bent Creek or any other facility where Mary Dugan resides a written consent
authorizing the aforesaid family members to remove Mary Dugan from the premises for
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daily trips and excursions. The aforesaid family members shall thereafter return her to
said facility at the end of the daily trip or excursion.
The Guardian of the Estate, among other powers, shall have the authority to sell
any and all real estate owned by Mary Dugan and shall be authorized to execute any and
all documents relating to the sale of said real estate.
In the event that the Guardian of the Estate shall be required, at some future date,
to submit an application for medical assistance on behalf of Mary Dugan, the Court
directs that the Guardian of the Estate be permitted payment of the maximum allowable
fee allowed under the then existing rules and regulations promulgated by medical
assistance.
BY THE COURT
Mark E. Halbruner, Esquire
Attorney for Terre Simeon
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CC: Anthony L. DeLuca, Esquire
Attorney for Petitioner
James Nelson, Esquire
Attorney for Mary Dugan
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