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HomeMy WebLinkAbout08-24-06 :\ ... IN RE: MYRTLE A. DRAWBAUGH : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. 21-06-0650 CJ ,~ <:? "-.) = c::. 0..... :,<:=> S:~ \." J r'.) ..r:- On the Petition of DANIEL D. DRAWBAUGH, SR. and SHARONL.DRAWBAUGH FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN (;:) AND NOW, this ~C/"daY of ~ ,2006, a hearing in this case haVin;been held on August 24, 2006 at 8:30 a.m., and it appearing to the Court that MYRTLE A. DRAWBAUGH was served with a Citation and Notice of this hearing on August 2,2006, and the Court finds that the physical or mental condition of MYRTLE A. DRAWBAUGH would be harmed by her presence at hearing, and further finds from the testimony: 1. That MYRTLE A. DRAWBAUGH suffers from End-Stage Alzheimer's Disease, a condition which impairs 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 MYRTLE A. DRAWBAUGH in such decisions and that there exists no other less restrictive alternative mechanism for decision- making. 3. That based on the incapacity of MYRTLE A. DRA WBAUOH to receive and evaluate Infonuation and to make or COll11l1Wlicate decisions, plenary Co-Guardians of the Pel.son atld plel1ary Co-Guardians 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 MYRTLE A. DRAWBAUGH be and is hereby adjudged an incapacitated person, and DANIEL D. DRAWBAUGH, SR. and SHARON L. DRA WBAUGH are appointed Plenary Permanent Co-Guardians of the Person and Estate of MYRTLE A. DRAWBAUGH, to act jointly and/or individually. As Plenary Permanent Co- Guardians of the person, DANIEL D. DRAWBAUGH, SR. and SHARON L. DRAWBAUGH have the authority to access all MYRTLE A. DRAWBAUGH's medical records, including but not limited to psychiatric records. Further, as Co-Guardians of the person, DANIEL D. DRAWBAUGH, SR. and SHARON L. DRAWBAUGH shall have the power and authority to serve as personal representatives 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 AA"). The Co-Guardians shall be considered the personal representatives for MYRTLE A. DRAWBAUGH's heath care disclosures under the federal HIP AA regulations and shall have full authority to review MYRTLE A. DRA WBAUGH' s medical records and to execute releases of confidential information from medical providers and insurers or other third party payors. As Co-Guardians of the Estate, DANIEL D. DRA WBAUGH, SR. and SHARON L. DRA WBAUGH shall have the authority to make distributions from principal for the payment of care expenses, personal needs, medical expenses, and legal fees. An Inventory must be filed within ninety (90) days. A report by the Co-Guardians shall be filed within 12 months and annually thereafter. ~ W~.,-a :.\ , Bond ill dL'" ___ ~.....f n[_ ",ILeAl b", pV03t",d boY tiJ.'" Cv GUWd:ULL03. . ~ MYRTLE A. DRAWBAUGH, aq incapacitated person, has the right to appeal this Order of Court by filing exceptions within ten (l~) days of this date or to petition this Court for a review hearing to modify or terminate the guardianship herein established. If MYRTLE A. DRA WBAUGHl was not present at this hearing on appointment of Co- Guardians, then Petitioners shall serve upqn and read to MYRTLE A. DRA WBAUGH the Statement i of Rights, a copy of which is attached to Ithis Order as Exhibit "A", and file proof of such service with this Court within ten days. J. . " IN RE: MYRTLE A. DRAWBAUGH : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. 21-06-0650 On the Petition of DANIEL D. DRA WB~UGH, SR. and SHARON ~. DRAWBAUGH \ STATEMENT OF RIGHTS VPON APPOINTMENT OF A GUARDIAN I AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAP ACIT A TED PERSON AND UN~BLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU ~AVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10)1 DA YS OF THE DATE OF THE COURT'S ORDER. IF \ YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND 'tHEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR cOufn WITIITN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PE~ITION THE COURT AT ANY FUTURE TIME TO \ MODIFY OR TO TERMINATE THE GljJARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIA.N FAILS TO PERFORM HISIHER DUTIES IN I ACCORDANCE WITH THE COURT'S qRDER. I IF YOU WISH TO APPEAL THE ~RDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP,!YOU HA VB THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAjvE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU C4NNOT AFFORD AN ATTORNEY, THE SERVICES I OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAYBE PROVIDED I AT NO COST TO YOU. i ixhibit "A" ---, In Re: MYRTLE A. DRAWBAUGH ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-0650 CERTIFIC~TE OF SERVICE OF ORDER ORDER DATE: 08/24/06 JUDGE'S INITIALS: EEG TIME STAMP DATE: 08/24/06 IN RE: FINAL ORDER OF CO~T APPOINTING PLENARY GUARDIANS """"""''''''''''''''''''''''''''''''''''''''''''''1''''..."...,..."""""",...,..."""""""""""""""",,,,,,,,,,,,,,,,,.... SERVICE TO: MARIELLE HAZEN ESO-HAND DELIVERED Mailed to Dawn D. Viering. Dav~d R Drawbaugh. Shanon L. KimmeL Herbert V. Drawbaugh. Bravn Osborn. Richard Osborn. Manor Care. John Mangan~ Esq. METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR D HAND DELIVERED D OTHER_ ~ PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: 08/24/06 "'I"""""""""""""""""""""""""""'""",.."".."".."""""""""""""""""""...,.."..""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: C/ fYtvf'u Deputy Clerk of Orphans' Court