HomeMy WebLinkAbout01-1071 Orphans IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
PAUL E. HAIGH : No. 21-01-1071
IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 26th day of November, 2001,
upon consideration of the Emergency Petition for Temporary
Guardianship of the Person with respect to Paul E. Haigh,
and following a hearing held on this date, it is determined
that Paul E. Haigh continues to be an incapacitated person,
as determined in the Order of Court dated November 21,
2001, and the order thus entered is confirmed and ratified;
provided, that Susan K. Potts, the niece of the
incapacitated person, is substituted as emergency guardian
of the person of Paul E. Haigh for the purpose of providing
medical decisions on behalf of Mr. Haigh.
In all other respects, the Order of Court
dated November 21, 2001, shall remain in full force and
effect.
No bond shall be required of the guardian
herein appointed.
By the Court,
J~WesleY O1~/ Jr%: ~.
Joseph A. Ricci, Esquire
For Petitioner Carlisle Regional Medical Center
Gregory Cutler, Esquire
Court-Appointed Counsel for Mr. Haigh
Paul E. Haigh
Carlisle Regional Medical Center
246 Parker Street
Carlisle, PA 17013
Susan K. Potts
516 Ryan Drive
Harrisburg, PA ~7112-2244
Court-Appointed Temporary Guardian of Person
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IN RE: : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
PAUL E. HAIGH : No. 21-01-1071
IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN
BEFORE OLER, J.
OPINION and ORDER OF COURT
Oler, J., November 26, 2001
A{ issue in the present case is the question
of the continuation of the appointment of an emergency
guardian of the person for Paul E. Haigh and the question
of whether Susan K. Ports, the niece of Mr. Haigh, should
be substituted as the emergency guardian of his person.
A hearing was held in this matter on Monday,
November 26, 2001, before the undersigned judge in the
hospital room of Mr. Haigh at the Carlisle Regional Medical
Center, 246 Parker Street, Carlisle, Pennsylvania.
Present at the hearing was Mr. Haigh (albeit
in a nonresponsive condition) with his Court-Appointed
Counsel, Gregory Cutler, Esquire. Present on behalf of the
Petitioner, Carlisle Regional Medical Center, was Joseph A.
Ricci, Esquire. Also present were Mr. Haigh's niece, Susan
K. Potts, and David F. Tamanini, Esquire.
Based upon the evidence presented at the
hearing, the following Findings of Fact, Discussion and
Order of Court are made and entered:
FINDINGS OF FACT
1. The allegedly incapacitated person is
Paul E. Haigh, a domiciliary of Cumberland County,
Pennsylvania, who has resided most recently at 416 First
Street, Carlisle, Cumberland County, Pennsylvania, 17013,
and is presently a patient in the intensive care unit of
the Carlisle Regional Medical Center, 246 Parker Street,
Carlisle, PennsyIvania, 17013.
2. Mr. Haigh is 79 years old.
3. Petitioner is the Carlisle Regional
Medical Center, 246 Parker Street, Carlisle, Pennsylvania,
17013.
4. The allegedly incapacitated person, Mr.
Haigh, has been diagnosed with dementia, Alzheimer's type,
with depressed mood and delusions, acute organic brain
syndrome, and organic mental disorder dementia.
5. The prognosis with respect to these
mental conditions is not favorable at this time~.
6. The allegedly incapacitated person has
also been diagnosed with certain physical illnesses,
including bronchiogenic carcinoma which has metastasized,
and obstructive lung disease.
7. Recently, Mr. Haigh's physical
conditions have deteriorated, and he is presently on a life
support system.
8. As a result of Mr. Haigh's mental
condition, he is an incapacitated person in the sense that
his ability to receive and evaluate information effectively
and communicate decisions in any way is impaired to such a
significant extent that he is at this time totally unable
to meet essential requirements for his physical health and
safety.
9. ~ Mr. Haigh's condition is such that he
lacks capacity and is in need of a guardian of his person;
and a failure to make such appointment will result in
irreparable harm to his person.
10. Susan K. Ports, 52, is an adult
individual who is qualified to act as emergency guardian of
the person of Mr. Haigh; she is Mr. Haigh's niece; her
address is 516 Ryan Drive, Harrisburg, Dauphin County,
Pennsylvania.
11. The foregoing Findings of Fact are made
on the basis of clear and convincing evidence.
DISCUSSION
The provisions respecting an adjudication of
incapacity have recently been amended and are contained in
20 Pa. C.S. Sections 5501 et__~_q. Petitioner has complied
with these provisions, as they relate to an emergency
guardianship of the person with respect to the subject of
these proceedings. Based on the foregoing Findings of Fact
and Discussion, the following Order of Court will be
entered:
ORDER OF COURT
AND NOW, this 26th day of November, 2001,
upon consideration of the Emergency Petition for Temporary
Guardianship of the Person with respect to Paul E. Haigh,
and following a hearing held on this date, it is determined
that Paul E. Haigh continues to be an incapacitated person,
as determined in the Order of Court dated November 21,
2001, and the order thus entered is confirmed and ratified;
provided, that Susan K. Ports, the niece of the
incapacitated person, is substituted as emergency guardian
of the person of Paul E. Haigh for the purpose of providing
medical decisions on behalf of Mr. Haigh.
In all other respects, the Order of Court
dated November 21, 2001, shall remain in full force and
effect.
No bond shall be required of the guardian
herein appointed.
By the Court,
/s/ J. Wesley Oler, Jr.
J.
Joseph A. Ricci, Esquire
For Petitioner Carlisle Regional Medical Center
Gregory Cutler, Esquire
Court-Appointed Counsel for Mr. Haigh