HomeMy WebLinkAbout96-1041 OrphansIN THE MATTER OF THE PERSON :
AND ESTATE OF: :
:
MILDRED B. LEYDER, :
AN ALLEGED INCAPACITATED :
PERSON :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
'NO. 21-96-1041
ORDER OF COURT
AND NOW, this 6th day of February, 1997, upon
consideration of the Petition for Appointment of Permanent
Plenary Guardian of the Person and Estate, and following a
hearing, Mildred B. Leyder is adjudicated an incapacitated
person and the Area Agency on Aging, County of Cumberland, is
appointed plenary guardian of her person and Financial Trust
Company of Carlisle, Cumberland County, Pennsylvania, is
appointed plenary guardian of her estate. The guardians are
directed to file reports in accordance with the provisions of 20
Pa. C.S. Section 5521(c).
Notice is hereby provided to Mildred B. Leyder
and her Court-appointed counsel, Peter J. Russo, Esquire, of her
right to appeal from this adjudication of incapacity and to
petition to modify or terminate the guardianships created
herein.
By the Court,
Anthony DeLuca, Esquire
Solicitor for Area Agency on Aging
Peter J. Russo, Esquire
Court-appointed Counsel for M.B. Leyder
:lkt
IN THE MATTER OF THE PERSON :
AND ESTATE OF: :
:
MILDRED B. LEYDER, :
AN ALLEGED INCAPACITATED :
PERSON :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-96-1041
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER. J.
OPINION AND ORDER OF COURT
OLER, J., February 6, 1997.
At issue in the present case is whether Mildred B.
Leyder should be adjudicated an incapacitated person, and if so
whether Petitioner, the Area Agency on Aging,
County of Cumberland, should be appointed plenary guardian of
her person and Financial Trust Company of Carlisle, Cumberland
County, Pennsylvania, should be appointed plenary guardian of
her estate. A hearing was held on the matter on Thursday,
February 6, 1997, before the undersigned judge. Based upon the
evidence presented at the hearing, the following Findings of
Fact, Adjudication and Order of Court are made and entered:
FINDINGS OF FACT
1. The allegedly incapacitated person is Mildred B.
Leyder, a domiciliary of Cumberland County, Pennsylvania,
presently residing at Manor Care, Carlisle, Cumberland County,
Pennsylvania, and formerly residing at 201 North Hanover Street,
Carlisle, Cumberland County, Pennsylvania.
2. Ms. Leyder was born on June 11, 1913.
3. Petitioner is the Area Agency on Aging, County of
Cumberland, 16 West High Street, Carlisle, Pennsylvania.
4. The allegedly incapacitated person, Mildred B.
Leyder, suffers from a condition known as senile dementia of the
Alzheimer type. She has suffered from this illness for at least
a year and has been in deteriorating mental health as a result
of that condition, which is a progressive illness.
5. As a result of the aforesaid condition, the
allegedly incapacitated person is an adult whose ability to
receive and evaluate information effectively and communicate
decisions is impared 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 is apparently of a
permanent nature.
7. Based upon the aforesaid condition, the Court
finds that it is necessary to establish a plenary guardianship
with respect to the estate and person of Mildred B. Leyder.
8. In the absence of a contrary prognosis at this
time, the nature of the guardianship required must be said to be
indefinite, pending further Order of Court, and apparently
permanent.
9. The guardianship to be established herein is
necessary notwithstanding outside assistance which Ms. Leyder
has received.
10. Petitioner is an entity qualified under 20 Pa.
C.S. Section 5511(f) to serve as plenary guardians of
Ms. Leyder's person and Financial Trust Company is an entity
qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary
guardian of her estate.
11. The foregoing Findings of Fact are made on the
basis of clear and convincing evidence.
ADJUDICATION
The provisions respecting an adjudication of
incompetency have recently been amended and are contained in 20
Pa. C.S. Sections 5501 et seq. Petitioner has complied with
these provisions in terms of notice of the hearing herein.
At the hearing the Court received testimony from a
number of persons, including the allegedly incapacitated
person's nephew, Gary Leyder, Esquire, and her brother, Donald
Leyder. The Court notes for the record its appreciation of the
willingness of Gary Leyder, Esquire, to serve as guardian of
Ms. Leyder's person and estate.
Based upon the foregoing Findings of Fact, the
following Order of Court will be entered:
ORDER OF COURT
AND NOW, this 6th day of February, 1997, upon
consideration of the Petition for Appointment of Permanent
Plenary Guardian of the Person and Estate, and following a
hearing, Mildred B. Leyder is adjudicated an incapacitated
person and the Area Agency on Aging, County of Cumberland, is
appointed plenary guardian of her person and Financial Trust
Company of Carlisle, Cumberland County, Pennsylvania, is
appointed plenary guardian of her estate. The guardians are
directed to file reports in accordance with the provisions of 20
Pa. C.S. Section 5521(c).
Notice is hereby provided to Mildred B. Leyder
and her Court-appointed counsel, Peter J. Russo, Esquire, of her
right to appeal from this adjudication of incapacity and to
petition to modify or terminate the guardianships created
herein.
By the Court,
/s/ J. Wesley Oler, Jr.
Jo
Anthony DeLuca, Esquire
Solicitor for Area Agency on Aging
Peter J. Russo, Esquire
Court-appointed Counsel for M.B. Leyder
:lkt