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HomeMy WebLinkAbout99-0615 OrphansIN THE MATTER OF SYBIL ARMSTRONG, an alleged incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-99-615 IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513 ORDER OF COURT AND NOW, this 21st day of November, 2000, upon consideration of the Petition for Appointment of a Temporary Guardian Pursuant to 20 Pa. C.S.A. 5513, and the Court having found that the incaPacitated person, Sybil Armstrong, continues to be incapacitated in that she is unable to receive and evaluate information effectively and communicate decisions sufficiently to meet the essential requirements for her physical health and safety, the petition is granted to the extent that Joan Armstrong, the incapacitated person's adoptive mother, is appointed emergency guardian of her person for the purpose of executing the necessary documents to qualify Sybil Armstrong for admission into the Laurel Highlands Residential Care Facility. The appointment of Michael Armstrong as guardian of the person of Sybil Armstrong is suspended pending further Order of Court. Petitioner is directed to proceed, if it deems appropriate, with a petition for appointment of a permanent guardian. This Order of Court shall continue for a period of 72 hours, subject to the right of the Petitioner to move for an extension of the period of operation of the order for up to 20 days. By the Court, ~,Wes-ley 01~ Jr., Robert L. O'Brien, ~.squire Solicitor for Cumberland/Perry Mental Health/Mental Retardation Michael Armstrong Lancaster General Hospital Susquehanna Division, SAC P.O. Box 926 306 N. 7th Street Columbia, PA 17512-0926 Sybil Armstrong 229A 19th Street Camp Hill, PA 17011 wcy IN THE MATTER OF SYBIL ARMSTRONG, an alleged incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-99-615 IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513 BEFORE OLER, J. OPINION AND ORDER OF COURT The present case is before the Court on the petition of Robert L. O'Brien, Esquire, Solicitor for the Cumberland/Perry Mental Health/Mental Retardation Office. The petition requests that Sybil Armstrong's adoptive mother, Joan Armstrong, be appointed emergency guardian of the person for purposes of Ms. Armstrong's enrollment on a temporary basis at Laurel Highlands, a residential facility appropriate to Sybil Armstrong's situation. FINDINGS OF FACT 1. The incapacitated person, Sybil Armstrong, was previously adjudicated incapacitated by the Honorable George E. Hoffer, President Judge, on July 7, 1999, on the basis of mental retardation, trisomy 21 and oppositional defiant disorder. 2. Sybil Armstrong is 21 years old, her date of birth being November 16, 1979. 3. At the time of the adjudication by President Judge Hoffer, Ms. Armstrong's uncle/adoptive brother, Michael Armstrong, was appointed guardian of her property and person for the purpose of executing necessary documents to qualify for the federal waiver program in Section 2176 of the federal laws and regulations pertaining thereto as well as any other documents or decisions relating to her continued care. 4. Sybil Armstrong continues to be incapacitated for the reasons found in President Judge Hoffer's adjudication of July 7, 1999. 5. Recently, the guardian appointed by President Judge Holler has entered a rehabilitation facility, and Sybil Armstrong's adoptive parents, Joan and Curtis Armstrong, have found that they are unable to physically care for Sybil Armstrong. 6. Joan Armstrong has indicated her willingness to serve as an emergency guardian of the person of Sybil Armstrong for purposes of securing her admittance to the Laurel Highlands residential program. 7. The Court finds that the appointment of Ms. Armstrong is necessary on an emergency basis to facilitate that admittance. 8. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. Based upon the foregoing Findings of Fact, the following Order of Court will be entered: ORDER OF COURT AND NOW, this 21st day of November, 2000, upon consideration of the Petition for Appointment of a Temporary Guardian Pursuant to 20 Pa. C.S.A. 5513, and the Court having found that the incapacitated person, Sybil Armstrong, continues to be incapacitated in that she is unable to receive and evaluate information effectively and communicate decisions sufficiently to meet the essential requirements for her physical health and safety, the petition is granted to the extent that Joan Armstrong, the incapacitated person's adoptive mother, is appointed emergency guardian of her person for the purpose of executing the necessary documents to qualify Sybil Armstrong for admission into the Laurel Highlands Residential Care Facility. The appointment of Michael Armstrong as guardian of the person of Sybil Armstrong is suspended pending further Order of Court. Petitioner is directed to proceed, if it deems appropriate, with a petition for appointment of a permanent guardian. This Order of Court shall continue for a period of 72 hours, subject to the right of the Petitioner to move for an extension of the period of operation of the order for up to 20 days. By the Court, /s/ J. Wesley Oler, Jr. J. Robert L. O'Brien, Esquire Solicitor for Cumberland/Perry Mental Health/Mental Retardation Michael Armstrong Lancaster General Hospital Susquehanna Division, SAC P.O. Box 926 306 N. 7th Street Columbia, PA 17512-0926 Sybil Armstrong 229A 19th Street Camp Hill, PA 17011 wcy