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HomeMy WebLinkAbout03-585 OrphansIN RE: KENNETH B. DAPP, AN ALLEGED INCAPACITATED PERSONAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-585 retardation, disorders. M.D.: IN RE: PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF PERSON AND ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., October 8, 2003. At issue in the present case is whether Kenneth B. Dapp should be adjudicated an incapacitated person and, if so, whether Petitioner, Kenneth A. Dapp, should be appointed permanent plenary guardian of his person and his estate. A hearing was held in this matter on August 27, 2003. For the reasons stated in this opinion, the petition will be granted. FINDINGS OF FACT 1. The allegedly incapacitated person is Kenneth B. Dapp, a domiciliary of Cumberland County who resides at the Claremont Nursing & Rehabilitation Center, 375 Claremont Drive, Carlisle, Cumberland County, Pennsylvania; Mr. Dapp was bom on November 1, 1980, and is 22 years old. 2. Petitioner is Kenneth A. Dapp, an adult individual who resides at 7 Timber Lane, New Cumberland, Cumberland County, Pennsylvania; Kenneth A. Dapp is the father of Kenneth B. Dapp. 3. The allegedly incapacitated person suffers from severe profound mental originating at birth, as well as several medical and personality Specifically, in the words of his treating physician, Ernest M. Josef, Mr. Dapp is an ambulatory individual who has severe mental retardation and has an expressive aphasia, meaning that he cannot express himself either verbally or non-verbally. Otherwise his health has been fairly poor with severe respiratory difficulties, with recurrent pneumonias from aspirations secondary to his severe scoliosis. · . . He basically has numerous aspiration pneumonias, again, from the scoliosis. He's had congenital left ventricular dysfunction. He has a cardiomyopathy. He also has been unable to swallow efficiently and, therefore, has a peg tube inserted into his stomach for feeding surprises. 4. As a result of his condition, the allegedly incapacitated person's ability to receive and evaluate information effectively and communicate decisions in any way 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. There is no indication at the present time that the allegedly incapacitated person's condition will significantly improve. 6. The allegedly incapacitated person is in need of a plenary guardian of his person and his estate. 7. The duration of the necessary guardianships must be considered at best indefinite and, for practical purposes, permanent. 8. Petitioner is found to be a person qualified under 20 Pa. C.S. §551 l(f) to serve as plenary guardian of his son'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: 2 ORDER OF COURT AND NOW, this 8th day of October, 2003, upon consideration of the Petition Pursuant to Section 5511 of the Probate, Estates and Fiduciary Code To Adjudicate Kenneth B. Dapp To Be Incapacitated and To Appoint a Guardian for His Person and Estate, and following a hearing at which the allegedly incapacitated person, Kenneth B. Dapp, was present, and for the reasons stated in the accompanying opinion, Kenneth B. Dapp is adjudicated an incapacitated person, and his father, Kenneth A. Dapp, who resides at 7 Timber Lane, New Cumberland, Cumberland County, Pennsylvania, is appointed permanent plenary guardian of his person and his estate. No bond shall be required of the guardian in this case. Kenneth B. Dapp is hereby notified of his right to appeal to the Pennsylvania Superior Court from this adjudication and appointment within 30 days of the date of this order, and to petition at any time for termination or modification of the order. BY THE COURT, Francis M. Socha, Esq. 2201 North Second Street Harrisburg, PA 17110 Attorney for Petitioner Kenneth B. Dapp Claremont Nursing & Rehabilitation Center 375 Claremont Drive Carlisle, PA 17013 s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. 3 4 IN RE: KENNETH B. DAPP, AN ALLEGED INCAPACITATED PERSONAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-585 IN RE: PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF PERSON AND ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT AND NOW, this 8th day of October, 2003, upon consideration of the Petition Pursuant to Section 5511 of the Probate, Estates and Fiduciary Code To Adjudicate Kenneth B. Dapp To Be Incapacitated and To Appoint a Guardian for His Person and Estate, and following a hearing at which the allegedly incapacitated person, Kenneth B. Dapp, was present, and for the reasons stated in the accompanying opinion, Kenneth B. Dapp is adjudicated an incapacitated person, and his father, Kenneth A. Dapp, who resides at 7 Timber Lane, New Cumberland, Cumberland County, Pennsylvania, is appointed permanent plenary guardian of his person and his estate. No bond shall be required of the guardian in this case. Kenneth B. Dapp is hereby notified of his right to appeal to the Pennsylvania Superior Court from this adjudication and appointment within 30 days of the date of this order, and to petition at any time for termination or modification of the order. BY THE COURT, Francis M. Socha, Esq. 2201 North Second Street Harrisburg, PA 17110 Attorney for Petitioner J. Wesley Oler, Jr., J. 6 Kenneth B. Dapp Claremont Nursing & Rehabilitation Center 375 Claremont Drive Carlisle, PA 17013