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HomeMy WebLinkAbout09-12-06 " IN RE: PATRICIA J. SHAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-06-492 An Incapacitated Person FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN AND NOW, this 8th day of September, 2006, following hearings held in this case on July 16, 2006, and September 8, 2006, the Court now enters findings as follows, based upon the exhibits and testimony presented: 1. That PATRICIA J. SHAY is an individual, married to Charles E. Shay, Jr., on October 25, 1952, and she has two children, Tracy Shay-Snyder and Cory Shay. 2. That PATRICIA J. SHAY suffers from, among other things, Senile Alzheimer's Dementia, a condition which has now advanced to the point where the condition impairs her capacity to receive and evaluate information effectively, and now prevents her from making and communicating decisions concerning the management of financial affairs or to meet essential requirements for her physical health and safety. 3. That PATRICIA J. SHAY is now a resident of Claremont Nursing and Rehabilitation Center located at 1000 Claremont Road, Carlisle, Pennsylvania 17013. 4. That Daughter Tracy Shay-Snyder and Husband Charles E. Shay, Jr., acknowledge that from this day forward, said nursing facility (or a similar facility) is the most appropriate setting for the care and physical residence of PATRICIA J. SHAY. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED, AND DECREED: A. That PATRICIA J. SHAY be and is hereby adjudged a Q ~~ , " totally incapacitated person. B. That Tracy Shay-Snyder is appointed Plenary Guardian of the Person of PATRICIA J. SHAY and shall have the authority to act on behalf of PATRICIA J. SHAY, to provide for the general care, maintenance and custody of PATRICIA J. SHAY. Further: 1. The Plenary Guardian shall arrange for medical, psychological and psychiatric services and social and vocational opportunities, as appropriate; 2. The Plenary Guardian shall assist PATRICIA J. SHAY in the development of maximum self-reliance and independence; 3. The Plenary Guardian shall have the authority to give consent for and to withhold surgical or medical treatment so long as Mr. Shay is notified as soon as practical, but in no event more than 24 hours after a decision is made in regards to providing or withholding such treatment. 4. The Plenary Guardian shall do nothing to interfere with the relationship between Charles Shay, Jr., and PATRICIA J. SHAY. Provided, however, that this provision shall not be construed as preventing the Guardian from pursuing any legal action to enforce or protect the rights of the incapacitated person vis-a-vis her husband or any other person. 5. Charles E. Shay, Jr., shall have the right to visit PATRICIA J. SHAY upon 48 hours notice to the Guardian, and he shall have the unrestricted right to receive full information about her status, care and treatment from all care-givers; and 6. The Plenary Guardian shall file with the Clerk of the Court a report on the social, medical and other relevant conditions, as required by 20 Pa. C.S.A. Section 5521(c), within twelve months of this Order and annually ..... r,. thereafter. C. Tracy Shay-Snyder is hereby appointed Plenary Guardian of the Estate of PATRICIA J. SHAY and shall have the authority and responsibility to manage and use PATRICIA J. SHAY'S property for her benefit in accordance with 20 Pa. C.S.A. 5536(a). The Plenary Guardian for the estate shall file a report with the Clerk of the Court about assets, investments, receipts and disbursements, as required by 20 Pa. C.S.A. Section 5521(c), within twelve months of this Order and annually thereafter. The Plenary Guardian shall file an inventory with the Court in accordance with 20 Pa. C.S.A. Sections 5521 and 5142 within three months of this Order. The Plenary Guardian of the estate shall not be required to post a bond. D. Any existing general power of attorney, limited power of attorney and/or health care power of attorney executed by PATRICIA J. SHAY is hereby specifically revoked and rendered null and void. E. PATRICIA J. SHAY has the right to appeal this Order by filing exceptions within ten (10) days of this date or to petition this Court for a review of hearing to modify or terminate the guardianship herein established. Counsel for petitioner is directed to have served upon and read to PATRICIA J. SHAY a copy of this Order and the Statement of Rights, a copy of which is attached hereto, and to file proof of such service with this CourtwithA~ ten (10) days. Vd i ~:r,(\-', (:j\,':,i';~(~I;:iO\v By the Court, tt~~l~~-;~J~\~l3Sqcuz /~._) . ,.' C" ~'>.~. .......n.."'... .. .. \~. "'- _ .,,, ,-\r, (",. (\, 11'"\0):' ~ 'r' .\ \,..\.. J ..l- '-, J\.. -,..... ,.,0 _.J....j ..- Edward E. Guido, J. ~ ~ ~-~ Rebecca M. Fuhrman, Certified Legal Intern Nichole M. Walters, Esquire THE ELDER LAW CLINIC 45 North pitt Street Carlisle, PA 17013 Doreena Craig Sloan, Esquire CAPOZZI & ASSOCIATES 2933 North Front Street Harrisburg, PA 17110 srs ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: PATRICIA J. SHAY, An Incapacitate Person CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-0492 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 09/12/06 JUDGE'S INITIALS: EEG TIME STAMP DATE: 09/12/06 IN RE: Order of court appointing plenary guardian ",..""""",.."",.."""",.."""".."...."""",""""....,..,..""""""..""\,....,.."""".....",..,,.."""""""" SERVICE TO: Rebecca M Fuhrman & Nichole M Walters. Doreena Craig Sloan METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE ~ CLERK OF ORPHANS COURT MAILED: 09-12-06 "",.."""".."""""""",....""""".."""","",..""""..,..",..""".."""""""""........,....,"""""",.." 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: [~(I'-' tlltF Deputy Clerk of Orphans' Court