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Home My WebLink About07-17-06 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 --l On the Petition of WILLIAM J. MEREDITH . ,) PETITION FOR AMENDMENT TO GUARDIANSHIP ORDER '" t '-..- .---) ~ r'0 AND NOW comes Petitioner, William J. Meredith, by and through his Attorney, Marielle F. Hazen, Esquire, and submits this Petition for Amendment to Guardianship Order and in support hereof avers as follows: 1. On June 12, 2006, Constance M. Meredith was adjudicated a totally incapacitated person and William J. Meredith was appointed as plenary guardian of the person and estate of Constance M. Meredith. (A copy of said Final Order dated June 12, 2006 is attached hereto as Exhibit "A"). 2. Since that time, the guardian has been handling all financial and healthcare decisions on behalf of Constance M. Meredith. 3. Financial accounts owned by Constance M. Meredith need to be liquidated in order to pay for her care at the Danville State Hospital. 4. In liquidating certain accounts, it has come to the Guardian's attention that Constance M. Meredith sometimes used the name Constance G. Meredith. At least one account holder has denied Petitioner access to the account because the Guardianship Order does not list Constance G. Meredith. 2 5. In order to carry out his duties as Guardian, Petitioner is requesting that the Final Order be amended to reflect that Constance M. Meredith is also known as Constance G. Meredith. WHEREFORE, Petitioners request an amended Final Order specifying that Constance M. Meredith is also known as Constance G. Meredith. Respectfully Submitted, r;- /1- OGJ JJ}4~----- Mari Ie F. azen, Es . P A I.D. No. 68003 2000 Linglestown Road Suite 202 Harrisburg, P A 17110 (717) 540-4332 Date 3 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 P A.C.S. S 4904, relating to unsworn falsification to authorities. 7-/1- O(p ~~~ A ELLE F. HAZEN, ESQ. Date 4 COpy 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 FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN AND NOW, this 12l:hdayof J\..-UVL- , 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 thc 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. Exhibit" A" 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 J. MEREDITH is appointed Plenary Permanent Guardian of the Person and Estate of CONSTANCE M. MEREDITH. As Plenary Permanent Guardian of the person, WILLIAM J. 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.I04-191), 45 CFR Sections 160 through 164 ("HIPAA"). 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 J. 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. 1':> WCl1\Je'cA . Bond in th.c amount of shall be p65kJ byltie liuardian. CONSTANCE 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: \5\ rlLucu-Jf~Jo, J. "'oJ t"+<-, - , :"-..) ) ;~-~ '0_) '- ) '-rl r,,) A TRUE COpy FROM RECORD In Testimony wherot, I hereunto set my hand and th,e seal ot said Court at Carlisle, PA This}1 tldaY~ .I l\Uj'J\J~ ' ~W-~. '-" Clerk of the Orphans Court '\.......- Cumberland County ) 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 INCAP ACIT A TED 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 HA VE 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 ATIORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATIORNEY, THE SERVICES OF AN A TIORNEY WHOM THE COURT MAY APPOINT FOR YOU MAYBE PROVIDED AT NO COST TO YOU. Exhibit "A" . 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 CERTIFICATE OF SERVICE I, Marielle F. Hazen, Esquire, certify that on JU Iv; / Y , 2006, I served a true and correct copy of the within Petition to Amend Final Order on the parties named below, by depositing same in the United States mail, postage prepaid as follows: Leslie Tomeo, Esquire Rominger & Whare 155 S. Hanover Street Carlisle, PA 17013 William R. Meredith 404 Pine Grove Road Gardeners, P A 17324 Stephen D. Meredith 104 West Green Street 3rd Floor Mechanicsburg, P A 17055 Danville State Hospital Attention: Donna Ashbridge 200 State Hospital Drive Danville, P A 17821 Respectfully Submitted, 1f /1.;C c?~ Date Ie F. Hazen, Esq. PA I. . No. 68003 2000 Linglestown Road Suite 202 Harrisburg, P A 17110 (717) 540-4332 5