HomeMy WebLinkAbout02-0657
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JUl 2 2 2002 fY
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-02- ~~7
INCAPACITATED PERSON
LEONARD JIUFFRE,
An Alleged Incapacitated Person
NOTICE
A petition to have you adjudged an incapacitated person has been filed with this
Court by Robert L. O'Brien, Esquire. A hearing is scheduled in this matter for 7u-~
the /f'ft<.--day of .4t.<-r002, at ~a.m.l~n Courtroom #~, Cumberland
County Courthouse, Carlisle, Pennsylvania. You are strongly encouraged to be present at the
hearing, and you are warned that important rights may be lost as a result of the proceeding.
You have the right to be represented by counsel and the right to request the appointment of
counsel and to have counsel so appointed paid by the Court where you are unable to afford to
pay an attorney.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-02- CDS'
INCAPACITATED PERSON
LEONARD JIUFFRE,
An Alleged Incapacitated Person
PETITION FOR APPOINTMENT
OF A TEMPORARY GUARDIAN
OF THE PERSON PURSUANT
TO 20 PA. C.S.A. 5513
1) Your Petitioner is Robert L. O'Brien, Esquire, Solicitor for the Cumberland/Perry
County Mental Health/Mental Retardation Office.
2) Respondent is Leonard Jiuffre, an incapacitated person, currently receiving care
at 390 Crooked Hill Road, Hummelstown, PA 17036. Respondent is an adult individual being
presently 46 years of age with a birth date of 4/23/56. Attached hereto, marked as Exhibit "A",
and incorporated herein by reference is a Petition prepared by the Cumberland County
MH/MR Office.
3) Petitioner requests that the Court appoint Joanne Baum, as guardian for the
limited purpose of executing certain forms and waivers that are required to insure the
continuation and availability of care and treatment for Respondent. An initial determination
has been made that, due to Respondent's low intellectual functioning, he is unable to make a
determination in reference to his placement/waiver, and that, in order to comply with
applicable state and federal laws, a guardian be appointed by the Court for the purpose of
making said election and signing the necessary forms.
4) Joanne Baum has no interest adverse to that of Leonard Jiuffre.
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WHEREFORE, Petitioner, Robert L. O'Brien, respectfully requests that the Court order
that Respondent Leonard Jiuffre be adjudged an incapacitated person in reference to
choosing between community base and institutional services for the mentally retarded and that
Joanne Baum be appointed a Temporary Guardian.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
BY . k?(~~AA..
Robert L. O'Brien, Esquire
Solicitor for the Cumberland/Perry
County MH/MR Office
1.0. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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TN THE MATTER OF
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l-f r:nOJ (\. S 1 L\-\'\ \ {',
AN ALLEGED TNCOMPETENT
IN THE COURT OF COMMON PLEAS
COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
TN RE NO.
CITATION
TO:
We command you to appear at a Hearing in Orphans' Court of
County, to be held at
at
to show cause why you should not be adjudged incompetent to choose
between community-based and institutional services for the mentally retarded, and a temporary
guardian appointed for your person.
Citation Returnable the _ day of
WITNESSETH:
The HODorable
, President Judge of said
Court, sitting in the Orphans' Court this
Day of
CLERK OF THE ORPHANS' COURT
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IN THE MA TIER OF
LeOf/[t((t II UH(f
AN ALLEGED INCOMPETENT
4.
5.
6.
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IN THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
ORPHANS' COURT DNISION
IN RE NO.
PETITION FOR APPOINTMENT OF A
TEMPORARY GUARDIAN OF THE PERSON
PURSUANT TO 20 Pa. C.S.A. 5513
The Petition of LdJ rl~ rtf Jill (1 re , respectfully represents:
1. Your Petitioner is -=..T3{{1! rl C 1"..)0. ell II
2.
(lhltuA II 1.1 fire-
3qD ((6CKfd HII! {(l l!irmmt'K!Cf1J (/ P A /}d3ll
/ I
Lel!flllf~ -SI Ltt"\'re
1olunuQ1i1 {fur (fi<<!D I-h({ f~ ft()11
I I I
t fDna v dl, Ut! rf IS J../ I;)
having been born on /-1-.2 ~ ;q 0 ~1
b /)/l(JItt J Iii {fr c
,
n f\W( fY\ {l '(f I f r{
is currently receiving care at
3.
JOII/!
domiciled at
years of age
marital status is
S:/VI(j!f
Those persons, if any, who are lC'(l\l!lrrl .S I Ufl(-t i ~
next-of-
kin and their relationship to same, of whom your Petitioner has knowledge are as
follows:
1(';0, f\ Ii t~Cll ( \iY\
C (\ ~htrH1t\ \\,l\({e
11.
12.
7.
No other Court within the Commonwealth of which Petitioner has knowledge has
appointed a guardian for L ft ria ~djl u ffr t
L ffiJ1(]f/J '\luHr t
8.
is mentally retarded.
Because of mental deficiency, ! PI; II tl let 7/ t( ((ft'
lacks
9.
sufficient capacity to make or communicate responsible decisions concerning hislher
I 1ft 1m) y' ~{{r1
.,
person as set forth in the attached Affidavit prepared by.)"".
10.
marked as Exhibit A and made a part hereof.
l ferlO (it Jill f+re
is in need of residential mental retardation
services.
has been accepted for placement
at
upon
the condition that a guardian of the person be appointed to consent to said placement
on his/her behalf.
Joanrlf 8aum
l ((1M V d'TI t/ (Ere , has agreed to act as Temporary Guardian of the
Person of [rei nfJJdJ 11.r!{rc
, having no interest adverse to
if this Honorable Court shall so
appoint.
WHEREFORE, Petitioner prays this Court place If 6 n{~rd ,'iJ tJ l/-r e
fx7/1 n1
under the temporary guardianship ofJ ()O n n f
, pursuant to 20
Pa. C.S.A. 9 5513 and empower said temporary guardian to provide substitute consent for such
community-based or institutional services as may be necessary to provide for hislher needs.
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BY:
COMMONWEAL TH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
AFFIDA VIT
'jr I\\\X\t r->(tl \ VI, , Petitioner in this
matter, being duly sworn according to law, do depose and state that I am 'SCO II nt IJLl.lUYi
of and that
the facts set forth in the foregoing Petition are true and correct to the best of my knowledge,
information, and belief.
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P 10 er
DAY OF
JUJ1t
, 20 OJ-.
()aJJ11L'-f< - vf)lfu}'~vL
NV'ARY PUBLIC
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IN THE MATTER OF
i/frtWyd \III-H\f
AN ALLEGED INCOMPETENT
IN THE COURT OF COMMON PLEA:& ". ..
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COUNTY, PENNS~ANIA .' / .<,;)~.':-'
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ORPHANS' COURT DIVISION /) i)
IN RE NO. 2'0
)
COMMONWEALTH OF PENNSYLVANIA
SS#:
COUNTY OF
An r1 fYlaf';E' fu~o../'I
, being duly sworn according to law, deposes
and say that:
l. (He is a licensed, practicing physician who is employed at C;;:llver SpnY"';5
Fa..rru "'k, f1c.uk te / L-U'viVffS T+y PftLtst L-1~a.I)S &-Ot.f
where on 5'/;)q I o~
She examined patient therein:
viz:(Name) Lffi!1nYd 'SIIIHyt"
, (Age) AI~
(Sex)~, who was admitted from ;Jo10 (' oLum.hta Ave
on , _, with a history of rylf rlW I
\ f Y\ tAc\t\(\'\
At the examination, the following symptoms were observed:
f'nU'..-fa1 S/O'IA.i[(':J : ~1..~ -+0 prOv(@ ~~u..f)
w/or~CI) ?-bou:f -;.e(-(, bewe41 hlwltkA tr.o...Corh~
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from which the diagnosis made is:
('haf1W r~~+twJ
with a prognosis as follows: krCtbleto ~
u--,di..~~ )
lM1 /'rw1. W
.r d(J r'Of ~c+ a.rur )rrprOli?{T\a~
~r\.rY3-
2. On the basis of the foregoing history and examination, the affiant is of the opinion
that Lrcnr\ ~~ 11 U(\Yf.
, because of mental deficiency, lacks
sufficient capacity to make or communicate responsible decisions concerning his/her
choice to receive community-based or institutional services for the mentally retarded.
3. Because of the physical or mental condition of said patient, his/her welfare
would/would not be promoted by his/her presence in Court.
~cfh f!r2~
SWORN TO AND SUB~RlBED
BEFORE ME THIS.51 DAY
OF 'if1a -, 6l()()~
~,p, 'fl ,/..tr;.flJ.}U}
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NOTARY PUBLIC
NOTARIAL SEAL
GAlL P. STflICKLER, Notary Public
Silver Spring Twp., Cumberland County
My Commlulon ExpirTilS Feb. 3, 2003
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v..""C1......
GUIDANCE A'iSDCIATES OF PENNSYlVANIA
Mt;llC4.i.. AIHS BUIU.lING ~OO"" 212
~90 POPLAR CHURCH ROAQ
C:"M~ HILL. P... 17011
PSYCHOLOGICAL EVALUATION
~"'~'IE:
ADDRESS:
BUREAU OF V(lCATIONAL REHABILITATION: Agency
Harrisburg District Office
1500 N. Second Street
Harrisburg, Pa. 1/]02
Lee Jui ffre
20J6 Columbia Avenue
Cilmp Hill, Pa. 17011
"BIRTH DATE:April 23, 1956
ACE: 23
EDI!CATIOl':: Special Education
V(JCXrION: Industries Ltd.
Sheltered Workshop
REFERRAL SOURCE: Mr. For tney, Counsel or
DATE OF EVALUATION: r.-II~/Yi
t.!?AI/'j
Ri"ASCN FOR HFERRAL:
The c1 i ent was referred by the Agency for a psychologi cal eV,1lu3 t ion
.....,llich will be of ;1ssistLlnce in future treatment planning. A djagnostic inll'll.'ct \1;:1
cVil]t;.:ltion to determine the extent of tne client's intellectual disability \"'.1.5
re:qL,:sl cd ~ along wi tn an assessment of his vocational potent i a1.
DESCRIPTIOK OF SUBJECT:
Lee J. Juiffre is a 23 year old, Caucasian male who was brougl1t to the
;:~:~-;.'~:;m~~nt sessions by both of his parents. He presents himself as an indiviJu.ll
with Down I s syndrome, demonstrating the body type and many physical f,lQVU.h.-:nts
~s~.oclated with that condition. lee was nicely dress~d and appeared quit~ cum-'
fo~t;lble in the presence of his pare=:5.
During intToduct ions, Lee \"T3S mute, but immediately h:~gan to sno\.,'
<:if; LC t j 0:""1 t O\Ja rd the E'Y2miner by t ouc.hing. The parents appeared to be ll~?d to
'liljs bcho.vior and suggested Lee sllakc hnnds whiJe corrnnenting th.1t he'~ quitl."! .J
lady's Til:J,n. itnile the Examine'r spoke with the p;Jrents, Lee appt.are:d not to
fo]]ow the disc.ussions, but looked aw~y and sht)\.,1ed rotating mOV(:lncnt:s or tile
head and rolling Inovements of the eyes. Much of the information obt3ined on the
Cl:il nt .....as receivE:d from the parents.
During the actual testing, Lee was nearly mute. He answered nc~rly
all questiuns by making "uh huh" sounds to denote yeE or no .Jnswers. His only
actllal speech occurred when he was asked by the EXi1min(,~r to name specific obj('cts
which were shown in illustrations. He was unable to n.1me anything which~
though familiar (such .:IS a TV show), would require original thought on his part.
He is skill ful "t covering up his inability to answer by looking like he is
seriously considering a guestion. At these times, 'however, no answers arc
produced.
L0e ~as quite good at un(I(~rstanding the speech and directions of
the Examiner. He was able to complete a non-verbal vocabuJarly test, ~ho~ing
tnat he com!JrE.'hend{~d the meanings of many wurds, though he cannot r~prOdU(~l' ther.:.
CONFI~~N~IA~ & rRIVTLEGED
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j'SYC,HuLOG; "AL EVALUATION
?,;C,E 'J..IO LEE JUIFFRE
,D':S<:,K..!!~1:,~O}:' OF2..UBJECT: Continued
He quickly understood directions to a large variety of tasks. His only'
difficulties in this area were that he was impulsive in task completion,
trying to give a response before the proper stimulus was presented to him.
Also, once the client began to respond, he showed frequent perseverations, and
could not stop responding until requested by the Examiner.
In terms of specific skills, the client is able to write his first
but not his last hame. He can write the numbers one through nine with some
mistakes. but cannot write the letters of the alphabet. There is no indication
that he can transfer thoughts from One task to another. His short-term memory
is very poor. His visual perception and motor cool"dination are both severely
impaired, inhibiting his writing skills.
, [lpere were further signs of neur;;:1ical impairment or indications
that the client is experiencing some tension. He frequently and suddenly
stretches the fingers of both hands out as ar as he can, and holds this
posi tion for about five second while he stares at his fingers. He appears to be
able to control this hehavior at times. Also, the mother reports thnt the
c.l ient has picked at his forehead until he developed open areas thpre. \,'hen he
;lpp('ared for the first session, he had a large, open gash over the bricige of
his nose, approxim.-'ltely ~. X 3/~" and about ~ "deep. He did not answer when
~sked if he had fallen, but his mother related that he had a habit of pushing
upward on the front of his nose until he had a wound on the bridge. Lee
repeatedly picked off the scab. At the second int"rview, the ,wund had closE'e.
In cJudition, the mother TL:ports that Lee has rE:cf:!ntly' bE:en tearing his clotiles
[or no apparent reason.
Generally, the clien~ 2.??':=';::-5 to be ..1n individual of low Intel1j;:ence
with very limited capacitj~s for expression. Physical uncoordination is
c..., iJcnt. Signs of bizarre: behaviors are presen+.:, though it is not knOh"1i wh8ther
tht: Cl\JSC is or!;cmic or whether lni?:SE: D2haviors are immature tics and actjng-
out of frustrcttion. The client is presently on no medications. He and his
p.1rcnts are content wi th him living at horne, Though the mother feels he is
r'(:grcssing, she hopes he can continue to live with the f.',lInily for a long time.
TE~"r RESULTS AND CLINICAL IMPRESSIONS:
I
BENDER GESTALT
II
PEABODY PICTURE VOCABULARY TEST, Form A
I.Q. 42 (e~apolated)
Percentile: Not available for this aee and score
M. A. Five Years, Two ~jonths
CONFIDENTIAL & PRIVILEGED
J r: [-' ;~:.:J1:r I [IN
FOR F'F:O!'TS: 1 CI:A TJ l:~~:.s n;:~~y
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!'SY',I'I:I.OC I CAL E\'ALlJATION
PACE ';H.~EE
LEE JUIFFRE
'TEST RESULTS AJ\'D CLINICAL IMPRESSIONS;
Continued
III
STANFORD BINET INTELLIGENCE SCALE - Form L-M
I.Q. Approximately 36
M.A. III - 6
IV
PURDUE PEGBOARD
Right Hand
Left Hand
Right + Left
Right + Left + Both
8
8
6 Pairs
22
correctly.
The client was unable to complete any of the final assemblies
The Examiner a ttempted to administer the Wechsler Adult Intelli gcnc-c
Scale, but found the client incapable of performing on all of the sub-tests
which were tried. The \.J'ide Range Achievement Test was not administered for
this rC.Json.
Bander Gestalt designs were grossly distorted. Only three of the
dcsiens were recognizable, but the client placed the designs on paper so that
they intruded upon one another, making recognition ev~n more difficult.
Severe orgQ~ic impai~cnt is evident froD the Bender. Spatial relationships
and visual-~=or coore_nation are very poor.
The client's I.Q. score of 42 would place him near the ~~nd
of thl2 r.loc.:.~ate level ~f rnen~::ll rp.trlrcl:lrion. The mental age of five years, t....'u
months on the Peabody appears to be more appropriate. Though the Stanford-
Binet gives the Examiner insight as to how the client performs On a variety
of tasks, the Peabody scores seem to be more reliable for this client due to
the simplicity of the test itself and the stability of vocabulary skills over
time. It is not known how this client has scored on previous intelligence
tests, so a determination on the question of regression cannot be made.
On the Stanford-Binet, the client performed best on tasks where
he could make simple movements in responding non-ve.rbaJly. He did poorest
where verbal skills and memory were required. He easily picked up the idea
where one or two step tasks were involved, such as stringing of beads or
sorting buttons.
Lee worKPd enthusiastically on the Purdue Pegboard. Percentile
~:cores are not given for scor cs this low, as 'Was the case wi th the Peabody tes t.
CONFIDENTIAL & PRIVILEGED
II/FORMATION
FOR PR'JFLSSIO~:.'1~ l-'~= r':.-....
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l'SYCHOLOC1CAL EVALUATlON
PAGE FOUR
LEE JlIIFFRE
TEST KESULTS N'W (LINTCAL IMPRESSIONS:
u.___ _ __..
Con t inued
He understood the re~qirements in all cases, except for the final task where
he was unable to learn what constituted a correct assembly despite much
repetition and practice.' This indicates that the four-step task is too
~omplicated for Lee, and should not be considered at his place of employment
unless much training and practice are allowed for.
Lee completed several drawings, all of which were very simple
and immature. He misunderstood the initial directions to draw a house and
later, had some difficulty drawing a realistic looking house. Other drawings,
while regressed, were realistic, showing few signs of emotional pathology.
He was unable to draw letters, but rather perseverated in drawing V shapes and
the more regressive circles. Number drawings were also poor and were per-
severated. Lee indicated he understood the Examiner's directions when recall
of the Bender designs were requested. Instead, he filled both sides of a
page with circles.
RECO:!:'IE:-IDATIONS:
I1t is recommended that Lee undergo a neurological examination to
see whether some of his bizarre behaviors are due to organicity. In addition,
Lee should be evaluated regarding the appropriateness of medications to lessen
t~~ frequency and ~everity of his hand movements and tics.~
Lee presently has the ability and interest in learning simple
t2-~-5. ~Jo~gh c:. motor coordination is not very good, he has the sufficient
fi:..=~::; .;2c:..':'::crity :0 work with objects as fine as pins, collars., and .ashers.
His level of concentration is long enough that he can work for periods of an
hour or so \Jitho~lt: a break. In developing a vocational treatment pl.,n, it
~o~~ci Dc wise to Lncrease the number and kinds of skills. Lee learn~ by
rotating jobs occasionally. It would be helpful to the client to have others
to socialize with on fhe job to increase the amount of intellectual stimulation
he receives, encouragf appropriate socialization, and help him to feel part of
a group. If some of his behaviors (i.e., tearing clothes) are signs of frustra-
tion or emotional problems, all attempts at developing relationships and expres-
sion are important. There is.no indication, however, that Lee could handle
empl0jment outside the wall-supervised, shelter~orkshop setting at this
time. He is probably employed close to his potential if he is now working on a
three step task.
There d0es not appear to be any factor in his life which is emotionally
upsetti~g to Le~, other than possible frustration, so that insight-oriented
discUS5i ons do not Cl.p1-'c~ir w;;lrranted. A behavior modifj cation approach at home,
and at work if possihle, might help to reduce upset,ting behaviors. It is
CONFIDENTIAL & PRIVILEGED
III FORMA T I ON
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PS,CHOLOGICAL EVALUATION
PAC:E FIVE U;E JUIFFRE
CONCLUSIONS .~~ RECO~~lENDATIONS: Continued
recommended that staff and parents together choose one behavior to be
extinguished, then with Lee, institute a system of rewards and punishments for
positive and negative behavior. All instructions to Lee should be repeated
clearly and in the same language each time so that he knows exactly what is
expected of him.
The parents should have opportunities to discuss their prob;ems with
Lee with a professional person. If the findings of this assessment clearly
indicate regression, as Mrs. Juiffre suspects, they will need to have support
in discussing the implication of regression. In any case, therapeutic suppo~t
,"ould be helpful to them in their daily activities with Lee, as well as planning
[or the future.
<_. h
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Stanley E. Schneider, Ed.
Licensed Psychologist
~Iartha Scotzin
Licensed Psychologist
CONFIDENTIAL & PRIVILEGED
F IllFORJ.lATION
OR PROFESSIONAL USE GilLY
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
LEONARD JIUFFRE,
An Alleged Incapacitated Person
NO. 21-02-"57
INCAPACITATED PERSON
__Of'9ROFC
AND NOW, thiS~f
2002, upon review of the attached
Petition, a hearing is scheduled in this matter for
ay , the 19th day of August, 2002, at_
2:30 p.m., in Courtroom # J, Cumberland County Courthouse, Carlisle, Pennsylvania. The
Clerk of the Orphans' Court Division is directed to prepare a Citation with Notice for service
upon the alleged incapacitated person.
Personal service of this Order and accompanying Citation with Notice and Petition shall
be caused to be made upon the alleged incapacitated person by Petitioner in accordance with
the Probate, Estates and Fiduciaries Code. Notice shall also be given to all other persons and
entities required to be notified under the Code. Proof of service shall be furnished at the
above-scheduled hearing.
BY THE COURT,
P.J.
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,
IN RE: LEONARD JIUFFRE, AN
ALLEGED INCAPACITATED PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2002-0657
IMPORT ANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. Ifthe
Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage
money and property and to make decisions. A copy of the petition which has been filed by
CUMBERLAND/PERRY COUNTY MENTAL HEALTH/MENTAL RETARDATION OFFICE is
attached.
You are hereby ordered to appear at a hearing to be held in Court Room No.;i, Cumberland
County Courthouse, Carlisle, Pennsylvania, on MONDAY AUGUST 19TH, 2002, at 2:30 P.M.
_M. to tell the Court why is should not find you to be an incapacitated Person and appoint a
Guardian to act on your behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent.
At the hearing, you have the right to appear, to be represented by an attorney, and
to request a jury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot afford to pay them yourself. You also have the right to request that the
Court order that an independent evaluation as to your alleged incapacity.
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
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make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. If the
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Court.
If you do not appear at the hearing (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may appoint the Guardian requested.
~4-
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
LEONARD JIUFFRE,
An Alleged Incapacitated Person
NO. 21-02-
INCAPACITATED PERSON
IN RE: PETITION FOR APPOINTMENT OF A GUARDIAN
OPINION AND ORDER OF COURT
BEFORE HON. GEORGE E. HOFFER. P. J.
The present case is before the Court on the Petition of Robert L. O'Brien, Esquire,
solicitor for the Cumberland/Perry Mental Health/Mental Retardation Office. It is requested
that Leonard Jiuffre be adjudicated an incapacitated person, and that a guardian be
appointed. Following a hearing, the following Findings of Fact and Order of Court are made
and entered:
FINDINGS OF FACT
1. The allegedly incapacitated person suffers from mental retardation, having an 10
of approximately 36, which is in the moderate mental retardation range. This condition impairs
the individual's capacity to make and communicate decisions.
2. The extent of the individual's capacity to make and communicate decisions is
severely limited by virtue of the aforesaid condition.
3. Notwithstanding that the allegedly incapacitated person has a very supportive
family and enjoys the support of the agency here involved, the individual does need
guardianship services.
,
.
4. The type of guardian required is a limited one of both the person and the estate,
based on the need to execute certain documents to obtain certain funding.
5. The duration of the guardianship involved would be pending further Order of
Court and would be limited to the period necessary for the execution of the aforesaid
documents and any follow-up documents.
6. The proposed guardian, Joanne Baum, has no interest adverse to that of
Leonard Jiuffre.
As a consequence of the foregoing Findings of Fact, the following Order of Court will be
entered.
J(j M ORDER OF OURT
AND NOW, this LL day of , 200 ~ based upon the Petition for
Appointment of a Temporary Guardi of t e Person Pursuant to 20 Pa. C.SA 5513, and
following a hearing, the Court finds that th allegedly incapacitated person, Leonard Jiuffre, is
an incapacitated person in that, because of mental retardation, he is unable to receive and
evaluate information effectively and communicate decisions sufficiently, and to such a degree
that he is, at least partially, unable to manage his financial resources or to meet the essential
requirements for his physical health and safety. He is, therefore, adjudicated an incapacitated
person, and Joanne Baum is appointed guardian of his property and person for the purpose of
executing necessary documents to qualify for the federal waiver program in Section 2176 of
the federal laws and regulations pertaining thereto. This Order shall continue pending further
Order of Court.
BY THE COURT,
ROBERT L. O'BRIEN, ESQUIRE
Solicitor for Cumberland/Perry MH/MR