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HomeMy WebLinkAbout09-09-05 IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 05 - 2cf6 : GUARDIANSHIP-INCAPACITATED PERSON PETITION FOR ApPOINTMENT OF GUARDIAN GUY W. ETTER, an alleged incapacitated person NOW comes petitioner, Guy W. Etter, Jr., by his attorney, Harold S. Irwin, III, Esquire, ~;:; and presents this petition for appointment of guardian over Guy W. Etteij,a,n alleged --'Co (.n incapacitated person, representing as follows: ---; CJ I \.D 1. Petitioner is Guy W. Etter, Jr., an adult individual and son of the allegecl -J incapacitated person, residing at 140 Bridge Road, Newville, Cumberlancreounty~:~ Pennsylvania 17241. c.:> 2. The alleged incompetent is GuyW. Etter, born March 14, 1917 (age 88 years), whose permanent residence address is 33 Etter Road, Newburg, Cumberland County, Pennsylvania 17240. 3. The alleged incapacitated person became incapacitated and has been unable to handle his own affairs since at least August 9, 2004 (See letter from Joseph A. Pion, D.O., attached hereto as Exhibit "A"). His spouse, Dorothy M. Etter, died on October 27,1996. His daughter, Mary D. Stets, moved into his residence within about a month after the death of his spouse and has been providing care of his person since that date. 4. Prior to the time of his incapacity in or about August, 2004, the alleged incapacitated person had designated an agent, your petitioner, Guy W. Etter, Jr." a copy of which document, dated August 10, 2000, is attached hereto as Exhibit "B". 5. After petitioner contends that the incapacity had begun, the daughter, Mary D> Stets, had a renunciation prepared and had herself appointed agent. Petitioner believes t4 -:0 -n I E~ _,J r"-'-'l >:-:', C:J C") r'l _ --'-1 - (--:; r"rl II and therefore avers that said document should be considered of no force and effect since at the time Guy W. Etter was legally incapable of making such an appointment. 6. The following persons are the alleged incapacitated person's next-of-kin: A. Mildred L. Chestnut, daughter (Etter Road, Newburg, PA 17240; B. Guy W. Etter, Jr., petitioner and son (140 Bridge Road, Newville, PA 17241 ; C. Barbara M. Schock, daughter (150 Bridge Road, Newville, PA 17241; D. Robert L. Etter, son (16 Parsonage Street, Newville, PA 17241; E. Richard G. Etter, son (Etter Road, Newburg, PA 17240; and F. M. Diane Stets, daughter (33 Etter Road, Newburg, PA 17240. 7. All of the above next-of-kin, siblings of petitioner, are in agreement with the requests contained in this petitioner and have signed consents thereto which are attached below as Exhibits "C", "0", "E" and "F". 8. Petitioner has no knowledge of any other Court within this Commonwealth wtltich has appointed a guardian for the alleged incapacitated person. 9. Prior to the onset of the alleged incapacity, the alleged incapacitated person was retired and had income in the form of retirement, social security and interest income. 10. The alleged incapacitated person is incapable of handling his financial affair$ for the reasons set forth in a competency affidavit, prepared by his treating physician, Joseph A. Pion, D.O., which statement is incorporated herein by reference and attached hereto as Exhibit "G". 11. Petitioner, having no interest adverse to the alleged incapacitated person, has agreed to act as guardian if this Honorable Court shall so appoint. The consent of the , , proposed guardian is incorporated herein by reference and attached hereto as Exhibit "H". 12. The alleged incapacitated person does own some assets in his own name, but as stated above, petitioner was appointed his POA in 2000 and alleges that the revocation thereof and the new OA to his sister should be declared null and void. WHEREFORE, petitioner respectfully requests this Honorable Court issue a rule upon Guy W. Etter, the alleged incapacitated person, with notice thereof to be given to his next-of-kin, and to such other persons as this Court may direct, to show cause why the should not be adjudged an incapacitated person and petitioner be appointed guardian of his person and estate. HAROLD S. IRWIN, II Attorney for petitione September $3 , 2005 VERIFICATION Guy W. Etter, Jr., petitioner in this matter, do hereby depose and state that the facts contained in the foregoing petition are true and correct to the best of my knowleGlge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. September ~, 2005 4~~~ GUYW. TTER, JR. II ri~ ~ C(lliru:ch ~ C(l. FAMILY MEDICINE JAY A. TOWNSEND, M.D. JOSEPH A. PION, D.O. CAROL K. ROBISON, D.O. JEFFREY HARRIS, M.D. SUZANNE MQCOM-BIC, P.A.-C. )C..e 11 '7 100 SOUTH HIGH STREET NEWVILLE, PA 17241 TELEPHONE: (717) 776-31 14 FAX: (717) 776-6003 March 26, 2005 To Whom It May Concern: Re: Guy Etter Mr. Etter has been diagnosed with dementia since 8-9-04 although he had some symptoms of dementia prior to this when he was admitted to the hospital. Specifically, from 8-9-04 until ~ow he has had therapy for dementia. His last visit was 5-19-05, at that time he was "sundowningr' and have more difficulty with confusion specifically at bedtime and was treated for this. lhope that this information is helpful. Sincerely f....~.~ _ __~ 11 ' "1 f7///~ /~ ,/2v Joseph A. Pion, D.O. \.' ..J ~CQ)~~ POWER OF ATTORNEY NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON !YOU DESIGNA TE (YOUR "AGENT") BROAD POWER TO HANDLE YOUR PROPERTY, WfIICH MA Y INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAli- OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY yOU. , THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AqENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH ~HIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT ~OUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRE$SLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS ~R A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY.! I YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGE~T'S FUND. A COURT CAN TAKE A WAY THE POWERS OF YOUR AGENT IF IT FINDS ~OUR AGENT IS NOT ACTING PROPERLY. I THE POWER AND DUTIES OF AN AGENT UNDER A POWER OF A TTORNEY'ARE EXPLAINED MORE FULLY IN 20 P A.C.S. CH.56. ' I I IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERST ~ND, YOU SHOULD ASK ALA WYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO Y0U. I I I HA VE READ OR HAD EXPLAINED TO ME THIS NOTICE, AND I UNDERST~ND ITS CONTENTS. G~~~A KNOW ALL MEN BY THESE PRESENTS, that I, GUY W. ETTER, SR., PRINC f AL, of 33 Etter Road, Newburg, Cumberland County, Pennsylvania, have made, constituted and appointed, and by these presents do make, constitute and appoint my son, GUY W. ETTER, JR., of Upper Frankford Township, Newville, Cumberland County, Pennsylvania, or ifhe is not available, I I' I appoint my daughter, MARY D. STETS, of Newburg, Cumberland County, Pennsylvania, my true and lawful Agent, for me in my name, place and stead, and for my use, from time to time, to act in, manage, and conduct all of my business and affairs of every nature whatsoever, and for that purpose to do and perform any and all acts of whatsoever nature which shall or may, in the judgment of my said Agent, be proper and expedient in the management and conduct of my business, property and affairs as fully and effectually in all respects as I myself could do if personally present. , A. SPECIFIC POWERS. Without in any way limiting or restricting the generality Qfthe foregoing, but in furtherance thereof, and in parti21 enumeration only of the powers which I iJiltend to invest in my said Agent, I hereby give full power and authority from time to time, for me a1nd in my name, place and stead, and for my use, and within my Agent's sole discretion: 1. Banking Relationships. To transact all and any of my business with any bank or sa~ings and loan association, wherever situated, in which I may have any business relations or conne~tion; to withdraw money from any accounts standing in my name or in which I have any interest, itI any of said banks or savings and loan association, and to that end to draw checks and savings withdrawal slips on any of said banks or savings and loan associations; to endorse checks, drafts, and bms of exchange for collection or deposit; to have access to open and remove the contents of any $afety deposit box that I may have at any bank, and to terminate my use of such box. . 2. Property. To buy, sell, mortgage, lease, repair, improve and deal in any and all <bfmy property, whether real, personal or mixed, whether owned by me now or hereafter; and to make, execute any and all deeds, leases, mortgages, bills of sale and other instruments of lease, trans~er or conveyance as may be necessary or advisable in the premises; to borrow and to mortgage and pjledge my assets as security therefor and to lend money or assets now or hereafter belonging to me) with or without security and upon such terms and conditions as my Agent deems appropriate; clud to invest and reinvest my funds in such stocks, bonds, mutual funds, securities, certificates of deposit, notes, annuities, land contracts, insurance policies, mortgages or other investments as my Agedt may deem in my best interest and in the best interest of my estate. My Agent is expressly authorized to execute share liquidations or exercise check writing privileges with respect to any mutual !funds which I may own. 3. Insurance. To procure, provide for, obtain, agree to obtain, pay for, provide for payment of, enforce payment of, to assign, transfer, modify, receive payment of, and to settle, or comprtlmise claims in connection with, any and all policies of insurance, including, but not limited to, life~ title, fire, extended coverage, burglary, theft, fidelity, publiC'liability, automobile, health, medical and accident and all other types of insurance of every kind whatsoever. 4. Execution of Documents. To execute any documents, agreements, contracts, releases and all other documents on my behalf, including but not limited to, being authorized to sign any ~d all applications, requests for permits, and papers that may be required at any time by any local, state or federal agencies; to make, execute and deliver my income tax returns, personal property or intangible 2 tax returns and any and all other returns, disclosure or reports or other instruments of like nature required by any governmental authority. 5. Employment of Advisors. Retain and pay agents, employees, accountants, counsel (including investment counsel) for advice and other professional services induding a bank, trust company or brokerage firm to act as custodian for my assets. 6. Compromise of Claims. To agree to, to perform or refuse to perform, and to as* for, demand, adjust, settle, compromise and/or sue er submit to arbitration, any and all contracts, accounts, claims, demands, disputes, and other matters which are now subsisting or which! may hereafter arise between me or between my said Agent acting on my behalf, and any other pe~son, including, but not limited to, any dispute between me and the Internal Revenue Service or the Pennsylvania Department of Revenue or any other taxing authority. . 7. Representation before Internal Revenue Service. To execute on my behalf In*rnal Revenue Service Powers of Attorney (Forms 2848 and 2848-0 or successor forms) for the pm[pose of authorizing my Agent or any person or persons designated by my Agent to represent me b~fore the Internal Revenue Service, including the preparing, executing and filing oftax returns. My Spcial Security Number is 198-10-8875. 8. Powers Pursuant to Section 5603 of the Pennsylvania Probate. Estates and Fiduc~~ Code. To take such actions as may be required to t~ffect any of the following transactions pur$uant to the terms of that statute or such successor statu:es as may then exist, including: (a) Power to Make Limited Gifts. To make limited gifts. (b) Power to Create a Trust or to Make Additions to an Existing lrust. To create a trust for my benefit and to make additions to any existing trust or trusts for my be~efit. (c) Power to Claim an Elective Share. To claim an elective share i~ the estate of my deceased spouse and to disclaim interests in any property where required to do $0 by law. (d) Power to Disclaim an Interest in Prooerty. To disclaim any in~erest in property to which I may become entitled. (e) Power to Renounce Fiduciary Positions. To renounce fidu~iary positions. , , (f) Power to Withdraw Income or Corpus from a Trust. To withdraJr and receive the income or corpus from a trust of which I may be a beneficiary or over which I mayihold a power to withdraw income or corpus. 3 (g) Power to Authorize Admission to a Medical Facility. To authorize my admission to a medical, nursing, residential or similar facility, and to enter into agreements for my care. (h) Power to Authorize Medical and Surgical Procedures. To authorize medical and surgical procedures. 9. Power to Refuse Medical and Surgical Procedures. To refuse to authorize medical or surgical procedures for me. 10. Change of Residence or Domicile. To change my residence or domicile. B. POWER OF ATTORNEY NOT I-~FFECTED BY DISABILITY. This Power of Attorney shall not be affected by the disability of the Principal. My intention is that the authority conferred herein shall be exercisable by my Agent notwithstanding my later disability or inca~acity or any later uncertainty as to whether I am dead or alive. . C. RELIANCE ON POWER OF ATTORNEY. This Power of Attorney shall continue in force and may be accepted and relied upon by anyone to whom it is presented despite my purported revocation of it, or because of my death, until actual written notice of such event is received by such person. In the event of my incompetency, from whatever cause, this Povyer of Attorney shall not thereby be revoked but shall thc.::reupon become irrevocable during the period of such incompetency, and may be accepted and relie-.; upon by anyone to whom it is presented dt]:spite such incompetency, subject only to it becoming void and of no further effect only upon receipt by such person of (1) written evidence of the appointment of a guardian (or similar fiduciary) <l>f my estate following adjudication of incompetency, or (2) written notice of my death. 111 D. REVOCATION. This Power of Attorney shall become effective on this /tl . day of August, 2000, and continue in full force and effect until the earlier of: 1. The date on which I personally deliver or deposit in the mail certified, return receipt requested, a written notice of revocation addressed to my Agent; or 2. The date of my death. E. AFFIDA VIT OF LACK OF KNOWLEDGE OF REVOCATION. My Agent may execute an affidavit stating that at the time of doing any act on my behalf he had no actual knowledge of the revocation of this Power of Attorney as provided in Section ~eof. In the absence offraud, such affidavit shall constitute conclusive proof ofthe non-revocation of this Power of Attorney at that time. F. MISCELLANEOUS. 4 I' . '" \- 1. Ratification. I do hereby, for myself, my heirs, executors, and administrators, ratify and confirm and agree to ratify and confirm whatsoever my said Agent shall do by virtue of these presents. 2. Indemnification. For the purpose of inducing any bank, trust company, $avings and loan association, savings bank, brokerage firm or any other financial institution to recognize this instrument, irrespective of any specific or particular form of Power of Attorney any such institution may normally use or require, I, GUY W. ETTER, SR., the Principal, hereby agree that roiy such bank, trust company, savings and loan association, savings bank, brokerage firm or any other financial institution, and their respective successors and assigns, shall be indemnified ar).d held harmless by me and my estate from any loss suffered or liability incurred by it or them in acting hereunder until a Certificate of Death certifying to my death shall issue and actual notice thereof be received by said bank, trust company, savings and loan association, savings bank, brokerase firm or any other financial institution, and their respective successors and assigns, or until actua~ notice of a lawful termination according to law shall be received by it or them. 3. Execution. With respect to all powers granted herein, I authorize my Agent to make and execute any and all applications, consents, releases, assurances, contracts, deed~, trust instruments and instruments which may be requisite or proper to effectuate this power. ' 4. Pennsylvania Law. This Power of Attorney shall be construed in accordan~e with the laws of the Commonwealth of Pennsylvania. 5. Paragraph Headings. The paragraph headings contained in this Power of Attorney are for convenience only and shall in no way be construed to be part of this Power of AttoriIey. IN WITNESS WHEREOF, I, the said Principal, have hereunto set my hand this I tJl!I day of August, 2000. SEALED and DELIVERED in the presence of us: HJ11p ~~ ~~ Itfr tpt,~ GUY ~.';~~~, SR. Principal 5 II COMMONWEAL TH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this the _1 O~ay of August, 2000, before me, the undersigned officer, persohally appeared, GUY W. EITER, SR., known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, as the Principal, and acknowledged that he has exetuted the same for the uses and purposes therein expres~;ed, as his own free act and deed by signi~g his name thereto. IN WITNESS WHEREOF, I hereunto set my name and official seal the day and year first above written. , ':'::0.31 Deni",", I" ;,;ofary Public Sou'~ ' 'ii, i''''':::' wr;. Cumberland County My (, .' <;10' r: XDires Feb. 26, 2001 .' , . lion 01 NotarieS Mer ,0. ,r'tlOilSytvarnaAsSQ(:la c;WuaPJ c71. mAZ- Notary Public () Notarial Seal Denise L. Nye, Notary Public South Middleton Twp., Cumberland County My Commission Expires Feb. 26, 2001 Member, Pennsylvania Association ot Notaries ACKNOWI"J~DGMENT I, GUY W. ETTER, JR., have read the attached Power of Attorney and am the person identified as the Agent for the Principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney or in 20 Pa.C.S. when I act as Agent: I shall exercise the power for the benefit cf the Principal. I shall keep the assets of the Principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the Principal. G0tZ~~~ y:. /d.. ~CJ Date F:\User FoJder\Finn Docs\Wills\1184-2,gwe.poa.wpd 6 IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 05 - : GUARDIANSHIP-INCAPACITATED PERSON GUY W. ETTER, an alleged incapacitated person CONSENT OF NEXT-OF-KIN I, Mildred L. Chestnut, daughter of Guy W. Etter, do hereby certify that I agree that he is not able to care for himself or his affairs and that it is necessary for a guardian to be . appointed to care for and make important decisions for him. I therefore give my consent and agreement that my brother, Guy W. Etter, Jr., be appointed guardian of Guy W> Etter. Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged incapacitated person has an interest, nor have I any interest adverse to him. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. /71/~ I~ ~ MILDRED L. CHESTNUT Sworn to and subscribed before me this Xf'.. da of eptember, 2005. -. . j NOTARIAL SEAL HAROLD s. IRWIN, Ill, NOTARY PUBLIC ;ARLlSLE BOROUGH, COUN1Y OF CUMBERLAND MY COMMISBlON EXPiRES OCTOBER?? 2'lOO" EXHIBIT "e" , , IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 05 - : GUARDIANSHIP-INCAPACITATED PERSON GUY W. ETTER, an alleged incapacitated person CONSENT OF NEXT-OF-KIN I, Barbara M. Schock, daughter of Guy W. Etter, do hereby certify that I agree that he is not able to care for himself or his affairs and that it is necessary for a guardian to be appointed to care for and make important decisions for him. I therefore give my con!)ent and agreement that my brother, Guy W. Etter, Jr., be appointed guardian of Guy W>' Etter. Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged , incapacitated person has an interest, nor have I any interest adverse to him. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. ~P-~dM~ -- ;-sAi B M. SCHOC Sworn to and subscribed before me this ~ day f ptember, 2005. NOTARIAL SEAL HAROLD S IRWIN, Iii, NOTARY PUBLIC 4RLlSLE BOROUGH, COUNTY OF CUMBERLAND ',' ( 'l!AlJi~""~,~1 i=XPiRFS rlrTDr:\FR?? ?006 EXHIBIT "D" IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 05 - : GUARDIANSHIP-INCAPACITATED PERSON GUY W. ETTER, an alleged incapacitated person CONSENT OF NEXT-OF-KIN I, Robert L. Etter, son of Guy W. Etter, do hereby certify that I agree that he is not able to care for himself or his affairs and that it is necessary for a guardian to be appointed to care for and make important decisions for him. I therefore give my consent and agreement that my brother, Guy W. Etter, Jr., be appointed guardian of Guy W> Etter. Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged incapacitated person has an interest, nor have I any interest adverse to him. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. !~TtR' ~ Sworn to and sUb~ed before me this day September, 2005. NOTARIAL SEAL HAROLD S. IRWIN. III, NOTAR" PUBLIC :ARLlSLE BOROUGH. COUNTY OF GUMm:lkAND ~J\Y COMMiC:~lnN "XPiRFS rl('T::HiY ')'1r]S EXHIBIT "E" I' IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 05 - : GUARDIANSHIP-INCAPACITATED PERSON GUY W. ETTER, an alleged incapacitated person CONSENT OF NEXT-OF-KIN I, Richard G. Etter, son of Guy W. Etter, do hereby certify that I agree that he is not able to care for himself or his affairs and that it is necessary for a guardian to be appointed to care for and make important decisions for him. I therefore give my consent and agreement that my brother, Guy W. Etter, Jr., be appointed guardian of Guy W> Etter. Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged incapacitated person has an interest, nor have I any interest adverse to him. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. ~g~ RICHARD G. ETTER Sworn to and sUb~bed before me this day 0 September, 2005. ,---'''-~'~ .,,:,..,-".' NOTARIAL SEt~L HAROlD S IRWIN, Iii, NOTARY PUBLIC !>RUSLE BOROUGH, COUNTY OF CUMm HLAND .\n 'i ('nr,"'~I':""I("" C::YPiR' c 1;1 'TriPI f' 'j. ':'ll"Ifi.,..:t ".'.'''',,''''., "'-'" ',,'1u ""~ EXHIBIT "F" , IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 05 - : GUARDIANSHIP-INCAPACITATED PERSQN GUY W. ETTER, an alleged incapacitated person COMPETENCY AFFIDA VIT rld;J I, Joseph A. Pblsn, D.O., being duly sworn according to law, depose and say that I am a licensed physician in the Commonwealth of Pennsylvania employed by Graham Medical Clinic. I have examined the alleged incapacitated person, Guy W. Etter, with care and diligence. Based upon said examination and observation, I am of the opinion that he has been incompetent to manage his own affairs since about August, 2004, and that h" there is no expectation of~recovery within a reasonable medical certainty. In addition, it is my opinion that no useful purpose would be served by Mr. Etter's appearance at a hearing to adjudicate his competency and, in fact, attendance at such a hearing could well be adverse to his well-being. ~~ r~~ JOSE H A. PION, D.O. Sworn to and sUb~bed before me this day f eptember, 2005. NOTARIAL SEAL HAROLD S. IRWIN, III, NOTARY PUBLIC ARtiStE BOROUGH, COUNTY OF CUMBERLAND 'W inl,,!IV",, cyolprc; orT(i'~IR:;? 2006 EXHIBIT "G" " ~ . IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 05 - : GUARDIANSHIP-INCAPACITATED PERSON GUY W. ETTER, an alleged incapacitated person CONSENT OF PROPOSED GUARDIAN I, Guy W. Etter, Jr., do hereby certify that I am the son of the alleged incapacitated person and that I am willing to act as the guardian of her person and estate, if the Court shall so appoint me. Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged incapacitated person has an interest, nor have I any interest adverse to the alleged incapacitated person. The facts and opinions contained herein are true and correct to the best of my knowledge information and belief. ..1t~ tW ~fl GUY W. TTER, JR. Sworn to and subscribed before me this gn. day of Se tember, 2005. EXHIBIT "H" E~",a'''' ..,:-