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HomeMy WebLinkAbout03-192 OrphansIN THE MATTER OF THE PERSON AND ESTATE OF: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE Y. CROW AN ALLEGED INCAPACITATED PERSON ORPHANS' COURT DIVISION NO. 21-2003-192 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 22, 2003. At issue in the present case is whether George Y. Crow should be adjudicated an incapacitated person, and, if so, who should be appointed plenary guardian of his person and estate. A hearing was held on this matter on Wednesday, April 2, 2003, and Wednesday, May 21, 2003, 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 George Y. Crow, age 82, a single gentleman, who has resided at Messiah Village, 100 Mount Allen Drive, Upper Allen Township, Cumberland County, Pennsylvania, since 1991. 2. Petitioner is the Area Agency on Aging, County of Cumberland, which has offices at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 3. The allegedly incapacitated person, George Y. Crow, suffers from dementia. 4. As a result of the aforesaid condition, Mr. Crow is an adult individual whose ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that he is totally unable to manage his financial resources and totally unable to meet essential requirements for his physical health and safety. 5. The aforesaid condition is apparently irreversible. 6. Based upon the aforesaid condition, the Court finds it necessary to establish plenary guardianships with respect to the estate and person of Mr. Crow. 7. In view of the absence of a more favorable prognosis at this time, the duration of the guardianships required must be said to be indefinite, pending further Order of Court. 8. Richard Crow, a nephew of the allegedly incapacitated person, who resides at 412 Ricky Road, Mechanicsburg, Cumberland County, Pennsylvania, is found to be a person qualified under 20 Pa. C.S. § 5511(1) to serve as plenary guardian of Mr. Crow's person and estate. 9. The foregoing Findings of Fact 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 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 22nd day of May, 2003, upon consideration of the Petition for the Appointment of Permanent Plenary Guardians of the Person and Estate in the above- captioned matter, and following a hearing at which the allegedly incapacitated person, George Y. Crow, was present and represented by his court-appointed counsel, David A. Lopez, Esquire, and the Petitioner was present through a representative and was represented by its counsel, Anthony L. DeLuca, Esquire, George Y. Crow is adjudicated an incapacitated person, and Mr. Crow's nephew, Richard Crow, who resides at 412 Ricky Road, Mechanicsburg, Cumberland County, Pennsylvania, is appointed plenary guardian of his person and estate. Any Power of Attorney given to David A. Lopez, Esquire, by George Y. Crow is revoked. The Power of Attorney given to Neil S. Jonovich by George Y. Crow, to the extent not previously revoked by George Y. Crow, is also hereby revoked. 2 The guardian is directed to file reports in accordance with the provisions of the Probate, Estates and Fiduciaries Code applicable to such guardianships. No bond shall be required of the guardian in this case. Anthony L. DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 Attorney for the Petitioner David A. Lopez, Esquire Suite 101 401 East Louther Street Carlisle, PA 17013 Court-Appointed Counsel for George Y. Crow Neil S. Jonovich 835 South 6th Street Lebanon, PA 17042 BY THE COURT, /s/J. Wesley Oler. Jr. J. Wesley Oler, Jr., J. 3 4 IN THE MATTER OF THE PERSON AND ESTATE OF: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE Y. CROW AN ALLEGED INCAPACITATED PERSON ORPHANS' COURT DIVISION NO. 21-2003-192 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 22nd day of May, 2003, upon consideration of the Petition for the Appointment of Permanent Plenary Guardians of the Person and Estate in the above- captioned matter, and following a hearing at which the allegedly incapacitated person, George Y. Crow, was present and represented by his court-appointed counsel, David A. Lopez, Esquire, and the Petitioner was present through a representative and was represented by its counsel, Anthony L. DeLuca, Esquire, George Y. Crow is adjudicated an incapacitated person, and Mr. Crow's nephew, Richard Crow, who resides at 412 Ricky Road, Mechanicsburg, Cumberland County, Pennsylvania, is appointed plenary guardian of his person and estate. Any Power of Attorney given to David A. Lopez, Esquire, by George Y. Crow is revoked. The Power of Attorney given to Neil S. Jonovich by George Y. Crow, to the extent not previously revoked by George Y. Crow, is also hereby revoked. The guardian is directed to file reports in accordance with the provisions of the Probate, Estates and Fiduciaries Code applicable to such guardianships. No bond shall be required of the guardian in this case. BY THE COURT, J. Wesley Oler, Jr., J. Anthony L. DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 Attorney for the Petitioner David A. Lopez, Esquire Suite 101 401 East Louther Street Carlisle, PA 17013 Court-Appointed Counsel for George Y. Crow Neil S. Jonovich 835 South 6th Street Lebanon, PA 17042