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HomeMy WebLinkAbout98-0634 OrphansIN THE MATTER OF THE PERSON~!~ AND ESTATE OF: RUTH FRANK, an alleged incapacitated person IN THE COURT OF COMMON pLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 21-98-634 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 28th day of August, 1998, upon consideration of the Petition for Appointment of Permanent Plenary Guardians of the Person and Estate of Ruth Frank, and following a hearing at which the subject of the proceedings was present with her court-appointed counsel, Lindsay Dare Baird, Esquire, and at which her sister and daughters were present, Ruth Frank is adjudicated an incapacitated person, and Financial Trust is appointed plenary guardian of her estate, and the Area Agency on Aging, County of Cumberland, is appointed plenary guardian of her person. The guardians are directed to file reports in accordance with the provisions of 20 Pa. C.S. 5521(c). Notice is hereby provided to Ruth Frank of her right to appeal and to petition to modify or terminate the guardianship. In addition, the Court has indicated to Ms. Frank's daughters and sister that it will entertain a petition at any time to reconsider the guardianship of her person in the event that alternative arrangements within the family can be made and appear acceptable for her well-being. By the Court, Anthony L. DeLuca, Esquire For the Petitioner Lindsay Dare Baird, Esquire For the Respondent Office of Aging Jr., :srs IN THE MATT~"0F THE PERSON : AND ESTATE OF: : : RUTH FRANK, an alleged : incapacitated person : IN THE COURT OF COMMON PLEAS'OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 21-98-634 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE Oler, J. BEFORE OLER, J. OPINION AND ORDER OF COURT At issue in the present case is whether Ruth Frank should be adjudicated an incapacitated person, and, if so, whether Petitioner, Area Agency on Aging, County of Cumberland, should be appointed plenary guardian of her person and whether Financial Trust should be appointed plenary guardian of her estate. A hearing was held in this matter on Friday, August 28, 1998, before the undersigned judge. In attendance at the hearing was Ms. Frank, the allegedly incapacitated person; her counsel, Lindsay Dare Baird, Esquire; and her daughters and sister, 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 Ruth Frank, a domiciliary of Cumberland County, born February 12, 1914,' and residing'~t 824'FiS~er'RoadT'-Mechanicsburg, Cumberland~ County, Pennsylvania, and presently at the Cumberland County Nursing Home. 2. Ms. Frank is a widow with two living children, Irene Frank, who resides in Dillsburg, Pennsylvania, and Beatrice Ketner, who resides in Newville, Pennsylvania, as well as a sister, Mildred Nace, who resides in Mechanicsburg, Pennsylvania. 3. Petitioner is the Area Agency on Aging, County of Cumberland, having its offices at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 4. The allegedly incapacitated person has been represented in these proceedings by Lindsay Dare Baird, Esquire, court-appointed counsel. 5. Ms. Frank suffers from senile dementia, Alzheimer's type, and, unfortunately, this condition has advanced to the point that her ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that she is at the present time totally unable to manage her financial resources or to meet the essential requirements for her physical health and safety. 6. The aforesaid condition of dementia must be said at the present time to be of an indefinite duration. 7. As a result of Ms. Frank's condition, she has been unable or unwilling in recent months to maintain her health Properly ~nd has"developed a'li~-thre~t-en%n9 con~n while living alone. This has occurred notwithstanding th~ support which she does receive from her family. 8. The Court finds that Ms. Frank is in need of plenary guardianship services with respect to her person and estate. 9. Pursuant to the statute respecting incapacitation, a permanent plenary guardianship of her person and estate is required in this case. 10. The Area Agency on Aging, County of Cumberland, is an entity qualified under 20 Pa. C.S. Section 5511(F) to serve as plenary guardian of Ms. Frank's person, and Financial Trust is an institution which is qualified to serve as plenary guardian of her estate. 11. The Court has advised the family of Ms. Frank that it will be happy to hold a hearing at any time to reconsider the plenary guardianship of her person in this case if family members are able to provide a satisfactory place for her to live safely. 12. 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 28th day of August, 1998, upon consideration of the Petition for Appointment of Permanent Plenary Guardians of the Person and Estate of Ruth Frank, and following a hearing at which the subject of the proceedings was present with her court-appointed counsel, Lindsay Dare Baird, Esquire, and at which her sister and daughters were present, Ruth Frank is adjudicated an incapacitated person, and Financial Trust is appointed plenary guardian of her estate, and the Area Agency on Aging, County of Cumberland, is appointed plenary guardian of her person. The guardians are directed to file reports in accordance with the provisions of 20 Pa. C.S. 5521(c). Notice is hereby provided to Ruth Frank of her right to appeal and to petition to modify or terminate the guardianship. In addition, the Court has indicated to Ms. Frank's daughters and sister that it will entertain a petition at any time to reconsider the guardianship of her person in the event that alternative arrangements within the family can be made and appear acceptable for her well-being. By the Court, /s/ J. Wesley Oler, Jr. J. Anthony's.~ DeLuca, Esquire For the Petitioner Lindsay Dare Baird, Esquire For the Respondent Office of Aging :srs