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HomeMy WebLinkAbout98-0331 OrphansIN THE MATTER OF THE : PERSON AND ESTATE OF: : : BETTY M. HAUSER, AN ALLEGED : INCAPACITATED PERSON : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-98-331 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 29th day of May, 1998, upon consideration of the Petition for Appointment of Permanent Plenary Guardians of the Person and Estate in the above- captioned matter, and following a hearing, Betty M. Hauser is adjudicated an incapacitated person, and the Petitioner, the Cumberland County Area Agency on Aging, is appointed plenary guardian of her person and plenary guardian of her estate. The guardian is directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521(c) on each occasion that a report is due by statute. Notice is hereby provided to Betty M. Hauser through this order entered in open court in her presence and in the presence of her court-appointed counsel, Lindsay Dare Baird, Esquire, of her right to appeal and to petition to modify or terminate the guardianships created herein. By the Court, Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 For the Petitioner Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 For the Respondent Betty M. Hauser Church of God Home 801 North Hanover Street Carlisle, PA 17013 CCAAA J~.Wesley Ole ,~Jr.~.~. :srs IN THE MATTER OF THE : PERSON AND ESTATE OF: : : BETTY M. HAUSER, AN ALLEGED : INCAPACITATED PERSON : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-98-331 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. OPINION AND ORDER OF COURT Oler, J., May 29, 1998. At issue in the present case is whether Betty M. Hauser should be adjudicated an incapacitated person, and, if so, who should be appointed plenary guardian of her person and her estate. A hearing was held on the matter on Friday, May 29, 1998, before the undersigned judge. 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 Betty M. Hauser, a domiciliary of Cumberland County, who presently resides at the Church of God Home, 801 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, and who previously resided at 333 East Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania, and the Claremont Nursing and Rehabilitation Center, 375 Claremont Drive, Carlisle, Cumberland County, Pennsylvania. 2. Ms. Hauser was born on July 4, 1919. 3. Petitioner is the Cumberland County Area Agency on Aging, which has offices at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 4. The allegedly incapacitated person, Betty M. Hauser, has suffered for over a year from senile-onset dementia, most likely of the Alzheimer's type. 5. As a result of the aforesaid condition, Ms. Hauser is an adult whose ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that she is totally unable to manage her financial resources and totally unable to meet essential requirements for her physical health and safety. 6. The aforesaid condition may be progressive, and based upon its existence the Court finds that it is necessary to establish plenary guardianships with respect to the estate and person of Ms. Hauser. 7. In view of the absence of a contrary prognosis at this time, the duration of the guardships required must be said to be indefinite, pending further Order of Court, and apparently permanent. 8. Petitioner is found to be an entity qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of Ms. Hauser's person and plenary guardian of her estate. 9. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacitation have been recently 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 29th day of May, 1998, upon consideration of the Petition for Appointment of Permanent Plenary Guardians of the Person and Estate in the above- captioned matter, and following a hearing, Betty M. Hauser is adjudicated an incapacitated person, and the Petitioner, the Cumberland County Area Agency on Aging, is appointed plenary guardian of her person and plenary guardian of her estate. The guardian is directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521(c) on each occasion that a report is due by statute. Notice is hereby provided to Betty M. Hauser through this order entered in open court in her presence and in the presence of her court-appointed counsel, Lindsay Dare Baird, Esquire, of her right to appeal and to petition to modify or terminate the guardianships created herein. Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 For the Petitioner Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 For the Respondent Betty M. Hauser Church of God Home 801 North Hanover. Street Carlisle, PA 17013 CCAAA By the Court, /s/ J. Wesley Oler, Jr. :srs