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Home My WebLink About08-29-06 c,. 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. DRAWBAUGH, SR. and SHARON L. DRAWBAUGH PROOF OF SERVICE OF FINAL ORDER AND STATEMENT OF RIGHTS I, Marielle F. Hazen, Esquire, attorney for Petitioner, hereby certify that service of a copy of the Order and Statement of Rights, a copy of which is attached, was made on Myrtle A. Drawbaugh, by having a copy of it read to her on August 24, 2006, at 6:30 p.m. at Manor Care located at 1700 Market Street, Camp Hill, Pennsylvania, 17011. The Order and Statement of Rights were read and explained to the alleged incapacitated person, to the maximum extent possible, in language and terms she was likely to understand. Respectfully Submitted, f-J~ -O~ D~ 0J1~- - M. ielleF~ P A J.D. No. 68003 2000 Linglestown Road Suite 303 Harrisburg, P A 17110 (717) 540-4332 . , ( ...-... C'i INRE: MYRTLEA.DRAWBAUGH : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION r--~ An alleged incapacitated person : NO. 21-06-0650 ....,) On the Petition of DANIEL D. DRAWBAUGH, SR. and SHARON L. DRAWBAUGH Cl 0\ FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN AND NOW, this ~ III day of ~ ' 2006, a hearing in this case having 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 ofthis 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 III (1s~i~t 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 WBAUUH to receive and evaluate information and to make or communicate decisions, plemuy Co-Guardians of the Person and plenary Co-Guardians of the Estate are required on a permanent basis. ;,~~-) I . ~~J - ) ;-T'I ) 1 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 ofthe 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 for MYRTLE A. DRAWBAUGH's heath care diselosures 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 WBAUUH, 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 ,-",.J :.\ , Bond ill 111~ ~lRU'.m t'[ ~L.dll L\...}JvL)t\..,J by LIt\.- Cv-OuuIJ~UJ..lb. MYRTLE A. DRAWBAUGH, 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 MYRTLE A. DRAWBAUGH was not present at this hearing on appointment of Co- Guardians, then Petitioners shall serve upon and read to MYRTLE A. DRAWBAUGH 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. / ( 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. DRAWBAUGH, SR. and SHARON L. DRAWBAUGH STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN AN ORDER HAS BEEN ENTERED WHEREBY YOU HA VE 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 THAT 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 AT NO COST TO YOU. Exhibit "A" The Law Office of MARIEILE F. HAzEN Certified Elder Law Attorney* An Estate Planning and Elder Law Firm 2000 Linglestown Road Suite 202 Harrisburg, PA 17110 TEl; (717) 540-4332 FAX: (717) 540-4313 www.hazenelderlaw.com August 28, 2006 Glenda Farner Strasbaugh Register of Wills and Clerk of Orphans Court Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Myrtle A. Drawbaugh, an incapacitated person File No. 21-06-0650 Dear Ms. Strasbaugh: Enclosed for filing please find the original and one copy of the Proof of Service of Final Order and Statement of Rights in the above-referenced matter. Please date-stamp the copy and return it to me in the enclosed self-addressed stamped envelope. Thank you for your time and assistance. Sincerely, C02' / Io.-~ F I-Mze-, {fY//C Marielle F. Hazen MFH/mmk Enclosure cc: Daniel D. and Sharon L. 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