HomeMy WebLinkAbout10-10-06
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IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: ROSA L. THOMPSON,
An Alleged Incapacitated Person
O.C. No. 6 (p - (J K ~ '1
PRELIMINARY DECREE AWARDED - CITATION AWARDED-
PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE
AND NOW, this q~ day of ~
, 2006, upon
consideration of the annexed Petition for Adjudication of Incapacity and Appointment
of Permanent Plenary Guardian of the Person and Estate, it is hereby Ordered and
Decreed that:
1. A citation is awarded, directed to Rosa L. Thompson, an alleged
incapacitated, to show cause why she should not be adjudicated an incapacitated
person and why a PERMANENT PLENARY GUARDIAN of her person and estate
should not be appointed; the hearing thereon to be held in courtroom :3
Cumberland County Courthouse, Carlisle, P A on N ~ I ~ , 2006 at
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2. Petitioner shall cause to be served (by personal service) the Citation with
Notice and Petition, pursuant to the Provisions of 20 Pa. C.S. 9 5511(a), upon the alleged
incapacitated person at least twenty (20) days prior to the court hearing for the
Permanent Plenary Guardian of the Person and Estate. The contents and terms of the
Citation with Notice and Petition shall be read and explained to the maximum extent
possible in language and terms the alleged incapacitated is most likely to understand, in
accordance with the Provisions of 20 Pa. C.S. 95511(a). An affidavit of service
containing specific averments of the above requirements shall be presented at the
beginning of the court hearing.
3. At least twenty (20) days prior notice of the court hearing together with a
copy of the Petition shall be given personally or by first class, certified mail, return
receipt requested to all persons who are sui juris and who would be entitled to an
intestate share in the estate of the alleged incapacitated person, to the institution
providing residential services to the alleged incapacitated person, and to
, in accordance with 20 Pa.C.S. 95511(a). An affidavit
of service containing specific averments of the above requirements shall be presented at
the beginning of the court hearing.
4. Petitioner or counsel shall notify the court, in writing, at least seven (7)
days prior to the court hearing if counsel has not been retained on behalf of the alleged
incapacitated person in accordance with 20 Pa. C.5. 95511(a). This notice shall also
contain all pertinent information which would indicate to the court whether or not
counsel should be appointed to represent the interests of the alleged incapacitated
person.
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5. The alleged incapacitated person shall be present at the court hearing
unless it is established by clear and convincing medical evidence that her physical or
mental condition would be harmed by her presence in court in accordance with the
provisions of 20 Pa. C.5. 95511(a).
6. Prior to the court hearing in this matter, the guardian proposed in the
Petition for Adjudication of Incapacity and Appointment of a Permanent Plenary
Guardian of the Person and Estate, Good News Consulting, shall have the requisite
authority to take any and all actions necessary to apply for and qualify the alleged
incapacitated person for Medical Assistance benefits.
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