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HomeMy WebLinkAbout96-0975 OrphansIN THE MATTER OF LOUELLA P. SMITH, an allegedly incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORP~W_ANS' COURT DIVISION No. 21-96-975 IN RE: PETITION OF JENNIFER A. WOLBACH SUPPORTING ADJUDICATION OF INCAPACITY AND APPOINTMENT OF A GUARDIAN OF THE PERSON OF LOUELLA P. SMITH, AN INCAPACITATED INDIVIDUAL, PURSUANT TO 20 Pa.C.S. CH. 55. BEFORE OLER, J~. ORDER OF COURT AND NOW, this 20th day of December, 1999, upon consideration of the Petition of Jennifer A. Wolbach Supporting Adjudication of Incapacity and Appointment of a Guardian of the Person of Louetla P. Smith, an Incapacitated Individual, Pursuant to 20 Pa. C.S. Ch. 55, and following a hearing on this date at which the subject of the proceedings was present with her court-appointed counsel, Stephen Hogg, Esquire, and at which the Court received testimony and other evidence in support of the petition, Louella P. Smith is adjudicated an incapacitated person, and Jennifer A. Wolbach is appointed permanent plenary guardian of her person. The guardian is directed to file reports in accordance with the provisions of the Probate, Estates, and Fiduciaries Code respecting incapacitated individuals. Notice is hereby provided to Louella P. Smith of her right to appeal and to petition to modify or terminate the guardianship. By the Court, Nadhira A1-Khalili, Certified e Robert E. Rains, Esquire Disability Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Petitioner Stephen Hogg, Esquire Court-Appointed Counsel for Louella Smith wcy IN THE MATTER OF LOUELLA P. SMITH, an allegedly incapacitated person IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-96-975 IN RE: PETITION OF JENNIFER A. WOLBACH SUPPORTING ADJUDICATION OF INCAPACITY AND APPOINTMENT OF A GUARDIAN OF THE PERSON OF LOUELLA P. SMITH, AN INCAPACITATED INDIVIDUAL, PURSUANT TO 20 Pa.C.S. CH. 55 BEFORE OLER, J. OPINION AND ORDER OF COURT Oler, J. At issue in the present case is whether Louella P. Smith should be adjudicated an incapacitated person, and, if so, whether Petitioner, Jennifer A. Wolbach, should be appointed plenary guardian of her person. A hearing was held in this matter on Monday, December 20, 1999, before the undersigned judge. In attendance at the hearing was Ms. Smith, the allegedly incapacitated person, her court-appointed counsel, Stephen Hogg, Esquire, and Petitioner and her counsel, Certified Legal Intern Nadhira A1-Khalili, supervised by Professor Robert Rains, Esquire, of the Disability Law Clinic, among others. 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 Louella P. Smith, a domiciliary of Cumberland County, residing at 1026 Drexel Hills Boulevard, New Cumberland, Cumberland County, Pennsylvania (a community residential facility operated by the Cumberland-Perry Association for Retarded Citizens); Ms. Smith was born on October 23, 1938, and is presently 61 years old. 2. Ms. Smith's nearest next of kin is'her mother, Aletha M. Smith, an adult in her 80's, who resides at RD 1, Box 92, Blain, Perry County, Pennsylvania, and who has indicated no objection to the petition for appointment of a plenary guardian of the person and no objection to the appointment proposed of Ms. Wolbach. 3. Petitioner is Jennifer A. Wolbach, residing at 1072-11 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 4. The allegedly incapacitated person has been represented in this proceeding by Stephen Hogg, Esquire, Court-Appointed Counsel. 5. Ms. Smith suffers from profound mental retardation, a condition which has existed since birth. 6. As a result of this condition, Ms. Smith's ability to receive and evaluation information and make and communicate decisions has been impaired to such a significant extent that she is totally unable to meet the essential requirements for her physical health and safety. 7. The aforesaid condition of profound mental retardation must be said, at the present time, to be of an indefinite duration. 8. The Court finds that Ms. Smith is in need of plenary guardianship services with respect to her person. 9. Pursuant to the statute respecting incapacitation, a permanent plenary guardianship of her person is required in this case. 10. Jennifer A. Wolbach is a person qualified to serve as plenary guardian of Ms. Smith's person. 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 seq. Petitioner has substantially complied with these provisions, and based upon the foregoing Findings of Fact, the following Order of Court will be entered. ORDER OF COURT AND NOW, this 20th day of December, 1999, upon consideration of the Petition of Jennifer A. Wolbach Supporting Adjudication of Incapacity and Appointment of a Guardian of the Person of Louella P. Smith, an Incapacitated Individual, Pursuant to 20 Pa. C.S. Ch. 55, and following a hearing on this date at which the subject of the proceedings was present with her court-appointed counsel, Stephen Hogg, Esquire, and at which the Court received testimony and other evidence in support of the petition, Louella P. Smith is adjudicated an incapacitated person, and Jennifer A. Wolbach is appointed permanent plenary guardian of her person. The guardian is directed to file reports in accordance with the provisions of the Probate, Estates, and Fiduciaries Code respecting incapacitated individuals. Notice is hereby provided to Louella P. Smith of her right to appeal and to petition to modify or terminate the guardianship. By the Court, /s/ J. Wesley Oler, Jr. Nadhira A1-Khalili, Certified Legal Intern Robert E. Rains, Esquire Disability Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Petitioner Stephen Hogg, Esquire Court-Appointed Counsel for Louella Smith wcy