HomeMy WebLinkAbout11-17-78
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IN R E :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL.VANIA
ORPHANS' COURT DIVISION .
INST ITTION GUARDIAN
. APPO NTMENTS
.
: ''-.21-70-261 ORPHANS 1978
506
: 508
: '-21-70...208
: 507
: "21-78-526
:." 503
: ...... 505
:".....502
.. 21-78-527
504
ORDER OF COURT
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AND NOW, NovEmber 17, 1978, GEORGE A. VAUG!I:.J, III, !ESQUIRE
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having completed the duties related to his assignment asl master
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in the above-captioned matters and h3ving rendv :~d a rePlort
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that the tl~easure (1f the county make payment to him of
amount ,.
thereon.
It is ()I"dared and directed the'lt his (~ompensation inl all of
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the case:3 co l.lecti vel) i s fb~ed in the amount of $400.001 and
By the Court,
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tris
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:cd
George A. Vaughn, III, Esquire
Spec Lil ~1as ter
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}N THE MATTER OF'"
,
.~.~ COURT~FCOMMPN PLEAS OF
.CUMBE.RLAN'q <:;O~Y,. PENN~YLVANIA
O~~~r, qol{R:'t-;~~IVISION i
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. 504' ORPHANS '1978
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IN RE: PETITION FOR APPOINTMENT OF GUARDIAN
.ORDER OF COURT
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AND NOW, Nov~er 20, 1978, the order o~ N~v~ek 17, 1978
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having been entered in error, it is vacated and the pjetition
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dismissed.
By the court,1
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i>a~ e F. Shtig ,art' .... ..... ....
cc: EdwardJl.Car,ey , Esq.
Assistant Attorney General
.Geo~ge A. Vaughn, III, Esq.
'Spec-ial.Matlter -,
Joseph~.Al~xaJ Esq.
Guardian ad litem
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eoOK 105 rACE 514
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PE~SYLVANIA
ORPHANS' COURT DIVIS ION
RICHARD CRESSLER
An Alleged Incompetent
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504
ORPHANS 1978
IN RE: PETITION FOR APPOINTMENT OF GUARDIAN
ORDER OF COURT
AND NOW, November 17. 1978, it is hereby ordered and
directed that the report and recommendation of the Special Master
hereinbefore appointed in the above matter, be and i1s hereby ..
approved, and that Bonita J. Stahl, Guardian Officer of
Se1insgrove Center, and her successors in office are: hereby
authorized to receive, hold, and dispose of the estate of
RICHARD CRESSLER
, and to pay such debts that
are presently outstanding as well as such debts that may later
become due and owing.
Specifically, the guardian is directed to pay to the Clerk
of the Orphans' Court of Cumberland County a filing fee in the
amount of. $8.00 and a fee of $35.00 to Joseph P. Al~xa. Esquire,
guardian ad litem.
It is further directed that the bianket surety ,bond issued
by Aetna Casualty and Surety, Bond No. 57S28546, is:approved as
sufficient bond.
By.the Court,
cc: Edward P. Carey, Esq. (2)
Assistant Attorney General
George A. Vaughn, III, Esq.
Special Master
Joseph P. Alexa, Esq.
Guardian ad litem,
BOOK 105 FACE 813
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IN THE MA'ITER OF
RICHARD CRESSLER
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IN THE COURT OF Ca.HON PLEAS OF
ClMBERLAND COUNTY , PENNSYLVANIA
ORPHANS' COORT DIVIS]ON
NO. 504 ORPHANS 1918
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An Alleged incompetent
REPORT ANDRECCNMENDATION OF THE
SPECIAL MASTER AND ORDER OF COURT
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Hearing in the above-captioned matter having been scheduled fot 19 October
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1978, cotulSel for Petitioner, Edward P. Carey, Esquire, Assistant Attorney General,
appeared on behalf of Petitioner and indicated to your Master that the subject of
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the petition, Richard Cressler, was no longer institutionalized at th~ Selinsgrove
Center. Whereupon cOlIDSel for Petitioner vohmtarily withdrew the pet~tion presented
in this matter.
Dated 1Cc" IVt)~A(jE,,( #7r
~~O:~(d
S eClal Mas I
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IN THE MATTER OF
IN TH~ COUR~ OF COMMON PLEAS OF
RICHARD CRESSLER
(name)' , ,,- ..'.."
CUMBERLAND
CQQN~Y, PENNSYLVANIA
O~PI1AW$' COURT DIVISION
An Alleged ~nc9mpe~~nt
No. 5'(71 (i/<.;piJ/fAfJ
7~
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?RELIMIN~RY ORDER OF GOUR~
ANI) NOW, 1J,h~s
18
d,~y of
Sep~~~~~l: 1.9,78
19_,
upon consider.at~9n o~ ~he fo~ego~~g Pet~t~on, it i.~ 9rder~dthat a
citation be issued, g~re9ted, to
RICHARD CRESSLER
to show caus~ why
HE
should
not be adjudged an i.~competent, and a g~~rdi.a~ o~
HIS
estate
appointed; a~d why gi.st~i.bu~i.o~ of asse.~s a~g i~ggme as payment of debts
listed in paragraph 11 of the within Pet.i.tiq~ sho~19 not be made.
Geo):"ge A~ _ Vaughn, 11.1, _~squire ,_,
~s hereby
appointed Special Master for the purposes of condugt,ing a hearing on
said Petition at the institution at whi.9h
RICHARD CRESSLER
resides, at. a ti.~e to be fixed by said
Special Master, ang t.o submit a R~po~t and Reco~~ndati.on to this
Court in a ti.me1.y fashion.
is hereby appointed by the court to act as g~aJ;'di,aJ:1 ad litem for
RICHARD CRESSLER
the al1.eged incompetent
regarding this hearing.
At, least twenty (20) days wri,tte.n notice of theheari,ng
shall be given to
RICHARD CRESSLER
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BOOK 105 PACE 51t
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the alleged incompetent, by serving
HIM
personally with the.
citation and a copy of the foregoing Petition: and at least twenty
(20) days written notiee of the Petition and hearing shall also be
given to any next of kin listed in the Petition either pe~sonally or
by certified mail.
Joseph P. Alexa, Esquire, be and is hereby appointed to represent
the respondent, Charles Clouser, can Sandra Gobrecht is ass~gnedto
take the stenographic notes of testimony.
BY THE COURT:
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BOOK 105 fACE 512
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IN THE MATTER OF
!N THE COURT OF. COMMON PLEAS OF
COUNTY, PENNSYLVANIA
(name)
ORPHANS' COURT DIVISION
An Alleged Incompetent
NO.
19
REPORT AND RECOMMENDATION OF THE
SPECIAL MASTER AND ORDER OF COURT
Upon hearing of the Petition and Citation for Appointment of
a guardian for
, proof of notice of
the said hearing to
next of kin having been filed, and
appointed as guardian ad
litem, the Special Master, appointed by this Honorable Court to hear
said Petition, finds that the said
is so mentally infirm that
is likely to dissipate or lose
estate and become the victim of designing persons; and that the Court
further finds that the entire real and personal estate of the said
,
should be handled by the
Guardian designated herein.
IT IS THEREFORE RECOMMENDED THAT
. and his/her successors in office
be and are hereby authorized to receive, hold ahd dispose of the es-
tate of the said
as the duly appointed guardian under Court Decree, and t~ pay such
debts as enumerated in said Petition, such debts having been found to
be proper and in accord with law.
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The guardian', within three months after real or personal es-
tate of the incompetent comes into his possession, shall verify by
oath and file with the Clerk an inventory and appraisement of such
personal estate, a statement of such real estate, and a statement of
any real or personal estate which he expects to acquire thereafter.
Special Master
DATE:
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ORDER
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IT IS ORDERED,AND DECREED THAT the report and recommendation
of the Special Master be approved.
IT IS FURTHER ORDERED AND DECREED, that the Surety Bond
issued by Aetna Casualty and Surety Company
shall be sufficient as bond.
Bond No. 17S28546
All costs and expenses of this hearing to be borne by the
,
Estate of the said
RICHARD CRESSLER
,
including a fee of
to be paid ~he guardian
ad litem.
BY THE COURT
J.
DATE:
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IN THE MAT'IER OF
IN THE COURI' OF <nH:N PLFAS OF
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CUMBB1UaAND CXXNl'Y, PENNSYLVANIA
B:lchard. Cressler
(name)
ORPHANS' COURI' DIVISlct'J
An Alleged 11'l.CCI1petent
: NO.
19
Pm'ITICN FOR APPOINlMENI' OF GUARDIAN
The Petition of Joseph J. Scartelli
, Superinltendent of
S_l11'UllRrOVe Center
, respectfully represents:
1. Your Petitioner has custody of the alleged incanpetFt
at SeliDsgrove Center
2. '!he alleged incanpetent was adni tted to the aforesajid
institution on June 1;, 1941
3. '!he alleged incanpetent is daniciled at LD. 1, Cat-lisle,
P......1Yaa1a: 17Ol3
6. '!he alleged incanpetent' s marital status is:
never married.
Mr. 1tl1He" li. Cressler, brother, R.D. 1, Carlisle, PeDD8y1van:ta 17013
8. No other Calrt within this CamDnwealth of which Petitioner
has knarlled;Je has appointed a guardian for the alleged incarpetent..
BOOK 105 PAGE 507
~tR $5-E-l - 9-77
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9. The alle:Jed inoatpetent has incane a:msisting of:
(a) Maley due fran Social Security Ad~ n:1strati~
in the allDUllt of $ 246.40
per 110.
(b) Maley due fzan
in the ancunt of $
per
(c)
10. The al1e:Jed in~tent has assets, real and perscn~, of
which the Petitioner 1.S aware, in the amount of $ 9158.4.3
a::msli.sting of:
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Center
(a) Money held by the Guardian Officer of $elinsgrove
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in the croount of $ 7.370.64 as of March i , 19 78.
(b) "Vecd1iooe Defund" rrcnies in the arrount of $_+787.79
title to which is in dispute.
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(c)
of $ 7909~25 , as of
11. The alleged in~tent has debts outstan<:li.DJ in th$ arount
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March
, 19..1!-, consisting of:
(a) $ 629.3.25 owin:J to the CC1'l1lla1Wealth of P~lvania
as payment for care and maintenance received fran the period ~ril ,
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19 -'iL, to March , 19 78, in acoordance with 50 P. s. SS 4~01 and 4504
and regulations pzanulgated thereunder.
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(b) $ 1616.00 CMing to the Omoonwealth of P~lvania as
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paynent for care and maintenance rendered between July 11, 1974, cfd
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April 4, 1975, which relates to the "Vecchione Refund", title ito which is
in dispute.
(c)
12. The alleged inocnpetent is incapable of handling
Ibis
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financial affairs for the reasons set forth in the attached Affid9'Tit
am ~tency DePort, prepared by
Dahle Bingaman
,
maDred as Exhibit A and made a part hereof.
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BOOK 105 PAGE 5u8
~m 35-E-2 - 9-77
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13.
Bonita J. stahl
, Gua:rdi.an Of:eicer at
the aforesaid institution, and his successors in office, having qo interest
adverse to the alleged incmpetent, has agreed to act as Guardiaq if this
Honorable Court shall so appoint. '!he oonsent of the proposed ~an
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to so act is attached hereto and made a part hereof as Exhibit B.I
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is required to act in COltpliance with regulations pIa11Ul.gated un4rr Court
14.
If appointed as Guardian,
Bonita J. stahl
Order in 5 Pennsylvania Bulletin 931 et seq. (April 19", 1975).
15. In light of these provisions and in furtherance o~
Paragraph 7 of the aforesaid regulations," petitioner ra;ruests pre~erence
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be given to a bank, trust COltpany or other individual willing to FiccePt
appoint:rrent as Gua:rdi.an.
WHEREFORE, the Petitioner prays that a citation be iss~
,
directing
Richard Cressler
, and thos~
,
,
persons, if any, listed in paragraph 7 of this Petition, to shc:M Pause,
if any there be, why
he
shoul~ not
be declared an inc::onpetent and a Gua:rdi.an of the estate appointed~ and
,
why distribution of assets and in<:x:me as p~t of debts listed in
paragraph 11 should not be made. Petitioner further prays that al guardian
ad li tan be appointed to act for the alleged incarpetent regardin~ such
hearing.
BY. -fJ-!i.()~d 4- -
J eph J. Scartiell1 1
Superintendent !
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BOOK 105 PACE 5u9
MH/MR 35-E-13 - 9-77
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CXHC.RiEALTH OF PENNSYLVANIA
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CXX1N'1'Y OF
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SlIDER
J os.ph J. Scartelli
1 Petitialer in this
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matter, beinJ duly swam accordi.DJ to law 1 00 depose and state Uat
of Selinsgrov. i
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and that the faq:ts set
forth in the foregoing Peti tiOll are true and oarrect to the best :of
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nw krrMled]e, infcmnatioo and belief.
~ f{n/AAh14, .
J eph J. Scartelli ;
Superintendent
&W:>m m AND SUBSCRIBED BErom
ME, mIS Jj.tL
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. '.,~~~b'iA-, !~~:.- Notary Public
SeliO~g\:(lv~Sryder Co., Pa.
My Commission expires 10-30.71
mY OF
, 197/.
!-10m 35-E-4 - 9-77
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8DOK 105 PAGE 510
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF SNYDER
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I, Dahle D. Bingaman , lpeing duly sworn
according to law, depose and say that I am a licensed PSYfh010gist
in the Commonwealth of Pennsylvania employed at Selins rov Center
, and I have examined the patient, Cressler
an alledged incompetent, with care and diligence and based pon said
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examination and observations am of the opinion that said pa~ient is
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incompetent to manage his/her own affairs for the reasons set forth in the
attached Competency Report, and that the facts and opinions I contained
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therein are true and correct to the best of my knowledge, i*formation and
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,
belief.
tS-ah.- ~a-A
P8002l19 !
SWORN TO AND SUBSCRIBED BEFORE
ME THIS 'JtIv
~
DAY OF
, 192r
~PS~
Ruth A Troup, Notary Public
Selinsgrove, Snyder Co., Pa.
My Commission expires 10.30-78
EXHIBIT IIAII
MH/~ 35-E-5 - 9-77
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cx::NSENT OF PlOPOSED GlJARDIAN
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Bcm1ta J. stahl
I Acting Guardian Officer
I do hereby certify that I
of
Selin:sgrove Center
and IIrf successors in office are willing to act as Guardian for the
estate of
Bichard Cressler
I an alleged inc:mpetent, if
the Coort shall so appoint.
Further I I do heJ:eby certify that I am not a fiduciazy of
arr:l estate in which the alleged inc:mpetent has an interest, nor have
I arr:l interest adverse to the alleged incatpetent.
'!he facts and q;>inions cx:mtained herein are true and correct
to the best of IIrf kJ:lcMledge I infcmnation and belief.
~-,4 W,,2hAe.
BoD:I.ta J. Stahl
Acting Guardim Officer
EXHIBIT "B"
MI/MR 35-E-6 - 9-77
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REPOF\T OF ~pEiE.NCY EXAMINATION
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INSTITUTION
_ 100. ..1SMg..... PA
EXAMINER . .
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DATE
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ADDRESSOGRAPH PLATE
INSTRUCTIONS: Set forth below your opinion as to whether the patient/resident meets the legal standards 01 incompetenCY
Include the medical and factual basis for that opinion. If you have u$8d a competency worksheet (state centers and MR uni1s
only) it can serve as the factual basis for your opinion. Attach a copy to this form. Under Pennsylvania law, I person may be
adjudicated incompetent If he or she, as a result of mental illness, mental retardation, or old age:
(1) is unable to manage his (lr her property; or
(2) is likely to dissipate that property; or
(3) is likely to become the victim of designing persons; or
(4) lacks sLlfficient capacity to make or communicate responsible decisions concerning the use and
management of his or her entitlements.
Your opinion regarding competence must make reference to at least one of these standards. Use as much space as needed and
be 81 detailed as possible. Medical basis should refer to both diagnosis and its manifestations. Factual besis refers to questions
..d answers regarding the four standards above. Please sign on bottom. If additional space is required, use an attached sheet.
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CONCLUSION: (Please respond Yes or No)
o Yes if] No
~Yes DNa
~Yes 0 No
The patient/resident is capable of managing his/her financial affairs.
The patient/resident is incapable of managing his/her financial affairs.
(If Yes, respond to the following question.)
If the patient/resident is incapable, is the patient's/resident's incapability to manage his/her
financial affairs a product and/or manifestation of his/her mental retardationn 1111"'" ,..~~
or old age?
o Competent ~ Incompetent
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SIGNATURE OF EVIEWIN~1~"""1..1.t. G URE 0 ~A ~ t.RINTENDENT
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
SI 533 - 7-77
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DATE -ils-/'f EXA,~NER ~.'f. JL13,"O....,,J
INSTRUCTIONS: TIle administration of the Competency Assessment
Invento~ {CAI) should confol~ carefully to the directions pro-
vided herein. The stated questions and tasks are designed to
elicit responses which will be used in determining whether or not
a resident is capable of managing his personal property and/or is
susceptible to the deceptions of others. (Pennsylvania Bulletin,
April 19, 1975, Volume. 5, Number.17).
fr
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If the resident's response is correct, place the exact number of
points in the space provided. On,e point will be given for each
, correct response, except where indiealed. The examiner should
provide the resident's/patient's name, age, and center/hospital
number if an addressograph plate is not' available.
i~l~J e.,.s.s Ier-
I 1. Ask the ind1vidualco state his/her full name.
(Score one (1) Doint if full name is given).
.t> 2. Have the individual write his/her full name.
(Score one (1) point if the individual writes his name accurately)~
~-
C' Individual's Signature
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o 3-. Ask the 1ndividua~ to name th~current day, month, and year.
'(Score one (1) point if the individual responds correctly to all three).
i) 4. Ask the individual where he lives.
"(Score one (1) point: if name of institution or tamily address is given).
() S. Ask the individual L', (eao the following ~
rIVE BANK
'ONE SIX
NO TWENTY
TEN FOUR
alECK NINE
(Score one (1) point fQr 1-5 words
correct; and three (3) points for
nllRTY-ONK
EIGHTEEN
NINE HUNDRED
DEPOSIT
SEVENTY-SEVEn
corre~t; two (2)
11-15 correct).
points' for 6-10 words
~ 6. Currency Identification
Materials: Penny, nickel, dime, quarter, half dollar.
Ranaomly place the coins in front of the individual and ask:
.; (a) Show me the dime
'---;. (b) Show me the quarter
V(c) Show me the nickel
(d) Show me the half, dollal
~(e) Show me the penny
~ore two (2) points if four (4) or more responses ar~ correct).
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-'1-- 7.. l-~terials:
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One (1) twenty. ten. five. two, and one dolfar bill.
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Place the bills in front of individual and ask:
(a) Show me the two dollar bill
(b) Which bill is worth the aost?
(c) Show me the ten dollar bill
(d) . Which bill is the smallest amount?
(e) Show me the five dollar bill
(Score two (2) points if (4) or more responses are correct).
STOP here if ehe individual has a total score of six (6) or less points - for items one (1)
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through seven (7).
PART II - FINANCIAL }.IANACEUENT
SCORE :
8. If you wanted to buy a radio at the lowest price (least expensive), and
saw three radios marked, $7.00 $11.00 $8.00, which radio would
you select?
(Score one (1) point if the .$7..00 amount is selected).
9. Give the individual one dollar ($1.00) in mixed change, and ask:
(a) If you bought something for 65 cents, show ree
how much change you would have left?
___ right
(b) If a pencil costs 25 cents, show me how much money
you need.
wront
right
wrong
(c) 'If you bought something for 85 cents, how much change
would you have left?
(Score two (2) points if all three items are
answered correctly).
_..__ right
wrong
10. If you only had $200.00 a month to spend, what would you do with this money?
(Score one 0) point if the following three items are mentioned:
(1) food; (2) clothing; (3) housing).
11. Place fifty-two cents (quarter, 2 dimes, nickel, 2 pennies) in front of
individual and" ask, "How much money is here?"
(Score one (1) point for, correct response).
12. Ask the question:
If a stranger approached you and asked you for ten dollars, what would
you do?
(Score two (2) points for any response(s) whereby the individual
does not give money to the stranger).
13. Financial Concepts
Ask the individual to explain the following:
(a) checking account (any mention of checking account functions,
i.e., payment, withdrawal of funds).
(b) savings account (savina8 of monies in a bank; interest)
(c) social security (a source of monies from Federal Government)
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· . Cd) loans (bor.rm-1ing) (n method of getting money from ci source)
(e) life insurance (payment of monies upon death of o\mer or
beneficiary)
(f) salary (wages) (monies earned for work completed)
(g) taxes (money deducted or paid to government for community
services and government support)
(h) postage stamps (item bought to be used for mailing letters
and packages)
(Score two (2) points if the individual responds correctly to four (4)
of the eight (8) items.
14. If someone came up to -you on the street and wanted you to buy two wptches
from them for $100.00, what would you do?
(Score two (2) points if the individual does ~ buy the watch).
.1S~ Place eighteen dollars (ten, five, 3 ones), in frost of individual and ask,
"lIow much money is here?"
(Score one (1) point for correct response).
16. The examiner or the unit staff should complete the following questions by
answering yes/no.
1. Does the individual receive money regularly?
2. Does the individual give money and/or possessions away
indiscriminately?
3. Does the individual frequently lose and/or have his/her
money and/or possessions stolen?
(Score one (1) point if U2and 113 are marked "no".
NOTE: It is suggested that a total score of sixteen (l'l or more points be used
as a cut-off score for rendering an opinion of competence. A score of
fifteen (15) or less points would be used for the opinion of incompetence.
MATERIALS LIST:
Coins: 5 pennies; 3 nickels; 3 dimes; 3 quarters; 1 half-dollar
Bills: 3 ones; five; ten; twenty
Is the resident I s-.inability to handle his~ monies and/n possessions a .product
of his/her disability?
Yes
,,/'
No
Signature (L
1/~/7f
Date '
. I- A"~,,
t or Psychiatrist
6/77
-3
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