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HomeMy WebLinkAbout07-03-06 .. IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-06-440 ESTATE OF JOHN NYE, III IN RE: PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE JOHN NYE, III TO BE INCAPACITATED AND TO APPOINT SARA JANE NYE AND LORRAINE ANN HUMER AS CO-GUARDIANS FOR HIS PERSON AND HIS ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 30th day of June, 2006, a hearing in this case having been held on June 30, 2006, and it appearing to the Court that John Nye, III, was properly served with a citation and notice of this hearing, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. John Nye, III, is hereby adjudged an incapacitated person, and Sara Jane Nye and Lorraine Ann C~ L_ Humer are appointed plenary co-guardians of the person a~~ \ c- estate of John Nye, III. 2. A report by the plenary co-guardians shall be filed on an annual basis with the Court or (=~ r',) otherwise as required by law. 3. No bond shall be required of the plenary co-guardians named herein. 4. The plenary co-guardians are hereby authorized to make decisions on John Nye, Ill's, behalf concerning his medical care and treatment, including his admission to nurslng homes, personal care facilities, hospitals, and other healthcare providers, as well as to consent to and authorize medical treatment, and the plenary co-guardians herein appointed are further authorized to handle all of the assets of his estate, including the principal and interest, and to conduct his business affairs on his behalf, including the sale or transfer of any of his assets, payment of bills and expenses, investment of assets, and all matters related thereto. 5. In addition, the plenary co-guardians appointed herein shall have all of the powers and authority normally attributed to persons in their positions, including 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 John Nye, Ill's, healthcare disclosures under the federal HIPAA regulations and shall have full authority to review John Nye, Ill's, medical records and to execute releases of confidential information from all medical providers and insurers or other third-party payors. In addition, as co-guardians of the estate, the co-guardians 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. 6. The co-guardians may exercise the powers hereunder jointly or individually, and in the event of the death or incapacity of either, the other shall retain all of the powers to act hereunder. By the Court, J. Elizabeth D. Snover, Esquire 301 Market Street P.O. box 109 Lemoyne, PA 17043-0109 For Petitioners Sara Jane Nye 1441 Hillcrest Court Apartment 208 Camp Hill, PA 17011 Lorraine Ann Humer 5 Humer Drive Mechanicsburg, PA 17050 :mae IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-06-440 ESTATE OF JOHN NYE, III IN RE: PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE JOHN NYE, III TO BE INCAPACITATED AND TO APPOINT SARA JANE NYE AND LORRAINE ANN HOMER AS CO-GUARDIANS FOR HIS PERSON AND HIS ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT Oler J., June 30, 2006. At issue in the present case is whether John Nye, III, should be adjudicated an incapacitated person on a permanent basis and, if so, whether Mr. Nye's mother, Sara Jane Nye, who resides at 1441 Hillcrest Court, Apartment 208, Camp Hill, Cumberland County, Pennsylvania, 17011, and his sister, Lorraine Ann Humer, who resides at 5 Humer Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050, should be appointed plenary co-guardians of his person and estate. A hearing was held on this matter on June 30, 2006. The allegedly incapacitated person was present in court. Petitioners, Sara Jane Nye and Lorraine Ann Humer, were also present in court, and were represented by Elizabeth D. Snover, Esquire. For the reasons stated in this opinion, the petition for appointment of permanent co-guardians of the ~ person and estate of John Nye, III, will be granted, and the aforesaid mother and sister of Mr. Nye will be appointed plenary co-guardians of his person and estate. STATEMENT OF FACTS 1. The allegedly incapacitated person is John Nye, III, a domiciliary of Cumberland County, Pennsylvania, who is presently 50 years of age. He resides at 1441 Hillcrest Court, Apartment 208, Camp Hill, Cumberland County, Pennsylvania, 17011, with his mother. 2. Petitioners are Sara Jane Nye, an adult individual who resides at 1441 Hillcrest Court, Apartment 208, Camp Hill, Cumberland County, Pennsylvania, 17011, and Lorraine Ann Humer, an adult individual who resides at 5 Humer Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. mother and sister. 3. John Nye, III, the allegedly Petitioners are respectively Mr. Nye's incapacitated person, has had severe mental retardation since his birth on September 15, 1955. 4. As a result of this condition, Mr. Nye's ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that he is totally unable to manage his financial resources and totally unable to meet essential requirements for his physical health and safety. , 5. There is no indication at the present time that the allegedly incapacitated person's condition will significantly improve. 6. The estate of the allegedly incapacitated person does not exceed $10,000. 7. The allegedly incapacitated person lS in need of a plenary guardian of his person and estate. 8. The duration of the necessary guardianships must be considered at best indefinite, and, for practical purposes, permanent. 9. Sara Jane Nye, the mother of the allegedly incapacitated person, and Lorraine Ann Humer, the 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). 10. 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. Sections 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 30th day of June, 2006, a hearing in this case having been held on June 30, 2006, and it appearing to the Court that John Nye, III, was properly served with a citation and notice of this hearing, and for the reasons stated in the accompanying opinion, it lS ordered and directed as follows: 1. John Nye, III, lS hereby adjudged an incapacitated person, and Sara Jane Nye and Lorraine Ann Humer are appointed plenary co-guardians of the person and estate of John Nye, III. 2. A report by the plenary co-guardians shall be filed on an annual basis with the Court or otherwise as required by law. 3. No bond shall be required of the plenary co-guardians named herein. 4. The plenary co-guardians are hereby authorized to make decisions on John Nye, Ill's, behalf concerning his medical care and treatment, including his admission to nursing homes, personal care facilities, hospitals, and other healthcare providers, as well as to consent to and authorize medical treatment, and the plenary co-guardians herein appointed are further authorized to handle all of the assets of his estate, including the principal and interest, and to conduct his business affairs on his behalf, including the sale or transfer of any of his assets, payment of bills and expenses, investment of assets, ~. and all matters related thereto. 5. In addition, the plenary co-guardians appointed herein shall have all of the powers and authority normally attributed to persons in their positions, including 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 John Nye, Ill's, healthcare disclosures under the federal HIPAA regulations and shall have full authority to review John Nye, Ill's, medical records and to execute releases of confidential information from all medical providers and insurers or other third-party payors. In addition, as co-guardians of the estate, the co-guardians 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. 6. The co-guardians may exercise the powers hereunder jointly or individually, and in the event of the death or incapacity of either, the other shall retain all of the powers to act hereunder. ..... Elizabeth D. Snover, Esquire 301 Market Street P.O. box 109 Lemoyne, PA 17043-0109 For Petitioners Sara Jane Nye 1441 Hillcrest Court Apartment 208 Camp Hill, PA 17011 Lorraine Ann Humer 5 Humer Drive Mechanicsburg, PA 17050 :mae By the Court, /s/ J. Wesley Oler, Jr., J. Wesley Oler, Jr., J.