HomeMy WebLinkAbout01-17-06
IN RE:
EDITH MAYO
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An alleged incapacitated
Person
NO. 21-05-1012
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IN RE: PETITION FOR APPOINTMENT OF CO-GUARDIANS OF THE PERSQN
AND ESTATE OF AN ALLEGED INCAPACITATED Pl!:RSON~
BEFORE OLER, J.
ORDER OF COURT
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AND NOW, this 29th day of December, 2005, upon
consideration of the Petition of Kevin L. Ellis and Dorothy Ellis
for Appointment of a Permanent Plenary Guardian of the Person and
Estate of Edith Mayo, following a hearing at which the allegedly
incapacitated person was represented by court-appointed counsel,
Michael J. Whare, Esquire, and for the reasons stated in the
accompanying opinion, Edith Mayo is adjudicated an incapacitated
person and Kevin L. Ellis and Dorothy Ellis, her nephew and sister
respectively, are appointed permanent plenary co-guardians of her
estate and person.
This appointment 1S conditioned upon and shall not be
effective without, the filing in this action of a bond, with
corporate surety acceptable to the Court in the amount of $100,000,
securing the proper performance of the guardians' duties and the
maintenance of said bond with surety in full force and effect
during the duration of the co-guardianship.
The co-guardians shall timely file with the Court all
reports and accounts required by statute.
Ms. Mayo and her counsel are hereby notified of her
right to petition at any time for a modification or termination of
the guardianship provisions contained in this order.
The co-guardians of the person appointed herein shall
have the power and authority jointly and/or individually to serve
pJ.
as personal representatives for all purposes of the Health
Insurance Portability and Accountability Act of 1996
(Pub.L. 104-191), 45 CFR Sections 160 through 164 (nHIPAAn). The
co-guardians shall be considered the personal representatives
jointly and/or individually for Edith Mayo's health care
disclosures under the federal HIPAA regulations and shall have full
authority to review Edith Mayo's medical records and to execute
releases of confidential information from all medical providers and
insurers or other third-party payors.
As co-guardians of the estate, Dorothy Ellis and Kevin
L. Ellis, shall have the authority jointly and/or individually to
make distributions from principal to the payment of nursing home
expenses, all medical needs, and legal fees.
By the Court,
Marielle F. Hazen, Esquire
2000 Linglestown Road
STE 202
Harrisburg, PA 17110
Attorney For the Petitioners
J.
Michael J. Whare, Esquire
155 South Hanover Street
Carlisle, PA 17013
Court-appointed Attorney For Edith Mayo
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IN RE:
EDITH MAYO
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An alleged incapacitated
Person
NO. 21-05-1012
IN RE: PETITION FOR APPOINTMENT OF CO-GUARDIANS OF THE PERSON
AND ESTATE OF AN ALLEGED INCAPACITATED PERSON
BEFORE OLER, J.
OPINION and ORDER OF COURT
OLER J., December 29, 2005.
At issue ln the present case is whether Edith Mayo
should be adjudicated an incapacitated person on a permanent basis
and, if so, whether Ms. Mayo's nephew, Kevin L. Ellis, of 1505
Nittany Lane, Harrisburg, Pennsylvania, 17109, and Ms. Mayo's
sister, Dorothy Ellis, of 4128 Tamrack Square, Harrisburg,
Pennsylvania, 17112, should be appointed plenary co-guardians of
her person and estate. A hearing was held on this matter on
December 29, 2005.
The allegedly incapacitated person was represented at
the hearing by Michael J. Whare, Esquire, court-appointed counsel.
Ms. Mayo, the allegedly incapacitated person, was present at the
hearing.
For the reasons stated in this opinion, the petition
for appointment of permanent co-guardians of the person and estate
of Edith Mayo will be granted, and the aforesaid nephew and sister
of Ms. Mayo will be appointed plenary co-guardians of her person
and estate.
STATEMENT OF FACTS
1. The allegedly incapacitated person is Edith Mayo,
a domiciliary of Cumberland County, Pennsylvania, born May 2, 1933,
and residing at the West Shore Health and Rehabilitation Center,
770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania,
17011.
2. Petitioners are Kevin L. Ellis and Dorothy Ellis,
the nephew and sister respectively of the allegedly incapacitated
person, Edith Mayo. Kevin L. Ellis resides at 1505 Nittany Lane,
Harrisburg, Pennsylvania, 17109, and Dorothy Ellis resides at 4128
Tamrack Square, Harrisburg, Pennsylvania, 17112.
3. The proposed co-guardians, as indicated above, are
Edith Mayo's nephew, Kevin L. Ellis, and her sister, Dorothy Ellis.
4. Edith Mayo, the allegedly incapacitated person,
suffers from a condition diagnosed as Alzheimer's dementia, and, in
addition, has a history of depression, reflux, transient ischemic
attacks (TIA), and urinary track infections.
5. Ms. Mayo's Alzheimer's condition has progressed to
the point that her ability to receive and evaluate information
effectively and communicate decisions is impaired to such a
significant extent that she is totally unable to manage her
financial resources and totally unable to meet essential
requirements for her physical health and safety.
6. There is no indication at the present time that
the allegedly incapacitated person's condition will significantly
improve.
7. The estate of the allegedly incapacitated person
is presently negligible, but her receipt of an inheritance of
between $100,000 and $150,000 is anticipated in the near future.
8. The allegedly incapacitated person is in need of a
plenary guardian of her person and her estate.
9. The duration of the necessary guardianships must
be considered at best indefinite, and, for practical purposes,
permanent.
10. Kevin L. Ellis and Dorothy Ellis, the nephew and
sister of the allegedly incapacitated person, are qualified to
serve as co-guardians of the subject's person and estate under 20
Pa. C.S. Section 5511(f).
11. The foregoing Findings of Fact are made on the
basis of clear and convincing evidence.
DISCUSSION
The provisions respecting an adjudication of
incapacity are contained in 20 Pa. C.S. ~~5501 et seq. The
Petitioners have substantially complied with these provisions, and
based upon the foregoing Findings of Fact the following Order of
Court will be entered:
ORDER OF COURT
AND NOW, this 29th day of December, 2005, upon
consideration of the Petition of Kevin L. Ellis and Dorothy Ellis
for Appointment of a Permanent Plenary Guardian of the Person and
Estate of Edith Mayo, following a hearing at which the allegedly
incapacitated person was represented by court-appointed counsel,
Michael J. Whare, Esquire, and for the reasons stated in the
accompanying opinion, Edith Mayo is adjudicated an incapacitated
person, and Kevin L. Ellis and Dorothy Ellis, her nephew and sister
respectively, are appointed permanent plenary co-guardians of her
estate and person.
THIS appointment is conditioned upon and shall not be
effective without, the filing ln this action of a bond, with
corporate surety acceptable to the Court in the amount of $100,000,
securing the proper performance of the guardians' duties and the
maintenance of said bond with surety in full force and effect
during the duration of the co-guardianship.
THE co-guardians shall timely file with the Court all
reports and accounts required by statute.
MS. MAYO and her counsel are hereby notified of her
right to petition at any time for a modification or termination of
the guardianship provisions contained in this order.
The co-guardians of the person appointed herein shall
have the power and authority jointly and/or individually to serve
as personal representatives for all purposes of the Health
Insurance Portability and Accountability Act of 1996
(Pub.L. 104-191), 45 CFR Sections 160 through 164 ("HIPAA"). The
co-guardians shall be considered the personal representatives
jointly and/or individually for Edith Mayo's health care
disclosures under the federal HIPAA regulations and shall have full
authority to review Edith Mayo's medical records and to execute
releases of confidential information from all medical providers and
insurers or other third-party payors.
As co-guardians of the estate, Dorothy Ellis and Kevin
L. Ellis shall have the authority jointly and/or individually, to
make distributions from principal to the payment of nursing home
expenses, all medical needs, and legal fees.
By the Court,
/s/ J. Wesley Oler, Jr.,
J. Wesley Oler, Jr., J.
Marielle F. Hazen, Esquire
2000 Linglestown Road
STE 202
Harrisburg, PA 17110
Attorney For the Petitioners
Michael J. Whare, Esquire
155 South Hanover Street
Carlisle, PA 17013
Court-appointed Attorney For Edith Mayo
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CERTIFICATE OF SERVICE OF ORDER
ORDER DATED:
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