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HomeMy WebLinkAbout02-694 OrphansIN THE MATTER OF THE PERSON AND ESTATE OF: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALDINE REIGHARD, : AN ALLEGED ORPHANS' COURT DIVISION INCAPACITATED PERSONAL NO. 21-02-694 IN RE: PETITION FOR APPOINTMENT OF PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. OPINION and DECREE NISI OLER, J., October 25,2002. At issue in the present case is whether Geraldine Reighard should be adjudicated an incapacitated person and, if so, whether Petitioner, the Area Agency on Aging in and for Cumberland County, Pennsylvania, should be appointed plenary guardian of her person and her estate. A hearing was held in this matter on October 23, 2002.~ The allegedly incapacitated person was present and represented by her court-appointed counsel, Mark F. Bayley, Esq. FINDINGS OF FACT 1. The allegedly incapacitated person is Geraldine Reighard, a domiciliary of Cumberland County, Pennsylvania, born March 14, 1922. 2. Until very recently, Ms. Reighard resided at 215 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Since September 28, 2002, Ms. Reighard has resided at the Forest Park Nursing Home, 700 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. ~ Pursuant to an agreement of counsel, the record from a hearing held on August 7, 2002, and September 25, 2002, was incorporated into the record of the hearing on October 23, 2002. 4. Petitioner is the Area Agency on Aging in and for Cumberland County, Pennsylvania, with offices located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 5. Following a hearing on August 7, 2002, and September 25, 2002, Ms. Reighard was adjudicated an incapacitated person on an emergency basis by this court, by order dated September 27, 2002, and Petitioner was appointed emergency plenary guardian of her person and estate. 6. By order of court dated September 30, 2002, the emergency guardianship of the person and estate was extended for 20 days. 7. Ms. Reighard suffers from primary dementia, probably due to Alzheimer's Disease. 8. This condition has existed for several years and has become significantly symptomatic. 9. As a consequence of the illness, Ms. Reighard's ability to receive and evaluate information effectively and communicate decisions in any way 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. 10. There is no indication at the present time that Ms. Reighard's condition will significantly improve. 11. Ms. Reighard's income is about $500.00 per month, and she does not appear to have resources in the form of assets, family or friends available to meet her needs. 12. Manifestations of Ms. Reighard's condition include the misplacement of her belongings and suspicion that others have stolen them, inability to keep appointments, loss of bearings outside her residences, endangerment from traffic as a pedestrian, and need for frequent assistance from local police and strangers. 2 13. Ms. Reighard's symptoms have unfortunately reached the point that, given the absence of supportive resources, she is in need of a plenary guardian of her person and estate. 14. The duration of the necessary guardianship of the person and estate must be considered indefinite at this point, because of the absence of a more favorable prognosis. 15. Petitioner, in its capacity as emergency guardian of Ms. Reighard's person and estate, has explored possibilities of residency other than a nursing home in accordance with the order of September 27, 2002, without success, and has secured a residence for her at a nursing home where she seems to be happy and is physically well cared for. 16. The foregoing findings are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacity are contained in 20 Pa. C.S. §§5501-5537. Petitioner has complied with these provisions, and based upon the foregoing Findings of Fact the following Decree Nisi will be entered: DECREE NISI AND NOW, this 25th day of October, 2002, upon consideration of Petitioner's Petition for Appointment of Permanent Plenary Guardians of the Person and Estate, following a hearing held on October 23, 2002, and for the reasons stated in the accompanying opinion, it is ordered, adjudged and decreed as follows: 1. Geraldine Reighard is adjudicated a totally incapacitated person for purposes of her person and estate. 2. The Area Agency on Aging in and for Cumberland County, Pennsylvania, is appointed permanent plenary guardian of her person and estate. 3 3. The guardian is directed to make such arrangements as are necessary to preserve and protect Ms. Reighard's cat from harm. 4. Any existing power of attorney executed by Ms. Reighard is revoked. IF NO PARTY in interest files a timely post-trial motion under Pennsylvania Rule of Civil Procedure 227.1, this Decree Nisi shall automatically become a Final Decree without further order of court. BY THE COURT, Anthony DeLuca, Esq. Attorney for Petitioner Mark F. Bayley, Esq. Court-Appointed Attorney for Geraldine Reighard J. Wesley Oler, Jr., J. 4 5 IN THE MATTER OF THE PERSON AND ESTATE OF: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALDINE REIGHARD, : AN ALLEGED ORPHANS' COURT DIVISION INCAPACITATED PERSONAL NO. 21-02-694 IN RE: PETITION FOR APPOINTMENT OF PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. DECREE NISI AND NOW, this 25th day of October, 2002, upon consideration of Petitioner's Petition for Appointment of Permanent Plenary Guardians of the Person and Estate, following a hearing held on October 23, 2002, and for the reasons stated in the accompanying opinion, it is ordered, adjudged and decreed as follows: 1. Geraldine Reighard is adjudicated a totally incapacitated person for purposes of her person and estate. 2. The Area Agency on Aging in and for Cumberland County, Pennsylvania, is appointed permanent plenary guardian of her person and estate. 3. The guardian is directed to make such arrangements as are necessary to preserve and protect Ms. Reighard's cat from harm. 4. Any existing power of attorney executed by Ms. Reighard is revoked. IF NO PARTY in interest files a timely post-trial motion under Pennsylvania Rule of Civil Procedure 227.1, this Decree Nisi shall automatically become a Final Decree without further order of court. Anthony DeLuca, Esq. Attorney for Petitioner Mark F. Bayley, Esq. Court-Appoimed Attorney for Geraldine Reighard BY THE COURT, J. Wesley Oler, Jr., J.