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Home My WebLink About06-12-06 IN RE: CONSTANCE M. MEREDITH : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. 06-0294 On the Petition of WILLIAM J. MEREDITH FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN AND NOW, this I Z. ~ay of0u...iU ~ ,2006, a hearing in this case having been held on June 12, 2006 at 2:30 p.m., and it appearing to the Court that CONSTANCE M. MEREDITH was served with a Citation and Notice of this hearing on May 17,2006, and the Court finds that the physical or mental condition of CONSTANCE M. MEREDITH would be harmed by her presence at hearing, and further finds from the testimony: 1. That CONSTANCE M. MEREDITH suffers from Paranoid Schizophrenia and Organic Brain Syndrome, conditions which impair her capacity to receive and evaluate information effectively and to make and communicate decisions concerning her management of financial affairs or to meet essential requirements for her physical health and safety. 2. That there are insufficient supports available to assist CONSTANCE M. MEREDITH in such decisions and that there exists no other less restrictive alternative mechanism for decision- making. 3. That based on the incapacity of CONSTANCE M. MEREDITH to receive and evaluate information and to make or communicate decisions, a plenary Guardian of the Person and plenary Guardian of the Estate are required on a permanent basis. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it is ORDERED, ADJUDGED and DECREED that CONSTANCE M. MEREDITH be and is hereby adjudged an incapacitated person, and WILLIAM 1. MEREDITH is appointed Plenary Permanent Guardian of the Person and Estate of CONSTANCE M. MEREDITH. As Plenary Permanent Guardian of the person, WILLIAM 1. MEREDITH has the authority to access all CONSTANCE M. MEREDITH's medical records, including but not limited to psychiatric records. Further, as Guardian of the person, WILLIAM J. MEREDITH shall have the power and authority to serve as personal representative for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub.L.l 04-191), 45 CFR Sections 160 through 164 ("HIP AN'). The Guardian shall be considered the personal representative for CONSTANCE M. MEREDITH's heath care disclosures under the federal HIP AA regulations and shall have full authority to review CONSTANCE M. MEREDITH's medical records and to execute releases of confidential information from medical providers and insurers or other third party payors. As Guardian of the Estate, WILLIAM 1. MEREDITH shall have the authority to make distributions from principal for the payment of care expenses, and all medical needs. In addition, WILLIAM J. MEREDITH shall have the authority to make distributions from principal for legal fees and the taxes, utilities, and insurance for any real property owned by CONSTANCE M. MEREDITH. An Inventory must be filed within ninety (90) days. A report by the Guardian shall be filed within 12 months and annually thereafter. ; S t.J "-- \' V ~ d. . Bond iH tllg JlmQ'lRt Af shalt be posted by the LJUarmCIIl. CaNST ANCE M. MEREDITH, an incapacitated person, has the right to appeal this Order of Court by filing exceptions within ten (10) days of this date or to petition this Court for a review hearing to modify or terminate the guardianship herein established. If CONSTANCE M. MEREDITH was not present at this hearing on appointment of Guardian, then Petitioner shall serve upon and read to CONSTANCE M. MEREDITH the Statement of Rights, a copy of which is attached to this Order as Exhibit" A", and file proof of such service with this Court within ten days. '\ BY THE COURT:) L--. '~--'~-.'.- /" ~. - .-~.- , 1. IN RE: CONSTANCE M. MEREDITH : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. 06-0294 On the Petition of WILLIAM J. MEREDITH STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THA T YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAYBE PROVIDED A T NO COST TO YOu. Exhibit "A" In Re: Estate of CONSTANCE M MEREDITH ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-294 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 6/12/06 .JUDGE'S INITIALS: EEG TIME STAMP DATE: 6/12/06 IN RE: FINAL ORDER OF COURT APPOINT PLENARY GUARDIAN """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: MARIELLE F HAZEN ESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR ~ HAND DELIVERED D OTHER D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: 6/12/06 """"""""""""""""""""""""""""""""""""""""""""","""""""'"""""."""" SERVICE TO: LELIE TOMEO ESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR D HAND DELIVERED D OTHER_ ~ PETITIONER D .JUDGE D CLERK OF ORPHANS COURT MAILED: 6/13/06 iI' . · . i \(~C(,~,l.({l' Margic\ W eylo~au 1 st Deputy Clerk of Orphans' Court