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HomeMy WebLinkAbout97-89 OrphansIN THE MATTER OF NANCY HOPPLE, an alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : No. 21-97-86 ORDER OF COURT AND NOW, this 21st day of March, 1997, upon consideration of the Petition for Appointment of a Temporary Guardian of the Person Pursuant to 20 Pa. C.S.A. 5513, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person was present, Nancy Hopple is adjudicated an incapacitated person, and Jennifer Buzby, an adult individual residing at 1128 South 18th Street, Harrisburg, Dauphin County, Pennsylvania, is appointed temporary partial guardian of her person for the purpose of executing a "2176 waiver" and effecting Ms. Hopple's admission into such programs as may be available to her as a consequence of the waiver. This appointment shall expire following the accomplishment of these two services. No bond shall be required of the guardian. Notice is hereby provided in person to Nancy Hopple of her right to appeal and to petition to modify or terminate the guardianship. By the court, J~Wesley 01~, Jr., °q. ' ROBERT L. O'BRIEN, ESQUIRE For the Petitioner Nancy Hopple 1541 McClures Gap Road Carlisle, PA 17013 Cumberland/Perry MH/MR wcy IN THE MATTER OF NANCY HOPPLE, an alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : No. 21-97-86 IN RE: PETITION FOR GUARDIANSHI~ BEFORE OLER, J. OPINION AND ORDER OF COURT Oler, J. At issue in the present case is whether Nancy Hopple should be adjudicated an incapacitated person, and, if so, whether Jennifer Buzby should be appointed temporary partial guardian of her person. A hearing was held on the matter on Friday, March 21, 1997, before the undersigned judge. The allegedly incapacitated person was present for the hearing. 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 Nancy Hopple, a 31-year-old (d.o.b. August 17, 1965) adult individual residing at 1541 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is Jennifer Buzby, an adult individual experienced in the field of mental health and mental .retardation, residing at 1128 South 18th Street, Harrisburg, Dauphin County, Pennsylvania. 3. Ms. Hopple, since birth, has been in the profoundly mentally retarded range, having an IQ of approximately 10, and is not verbal. 4. As a result of the aforesaid condition, Ms. Hopple's ability to receive and evaluation information and make and communicate decisions has been impaired to such a significant extent that she is unable to meet essential requirements for her physical health and safety in the form of deciding whether to execute a "2176 waiver" for purposes of Federal funding. 5. Guardianship services are necessary for Ms. Hopple notwithstanding the personal assistance which she receives from Terry and Dottie Naugle, with whom she lives. 6. Based on the aforesaid condition of Ms. Hopple and her lack of capacity to make and communicate decisions in the regard mentioned, a temporary and partial guardianship with respect to her person is required. 7. The duration of this guardianship shall be until the guardian has executed the necessary "2176 waiver" and secured Ms. Hopple's participation in such programs that may be available to her as a result of that waiver, if the guardian feels that such measures are in the interest of Ms. Hopple. 8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it is found that Ms. Hopple is partially incapacitated and in need of temporary partial guardianship services of her person. 9. Jennifer Buzby is a person qualified under 20 Pa. C.S. Section 5511(f) to serve as such guardian of her person. 10. It appears that Ms. Hopple's condition is of an indefinite nature in terms of duration. 11. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting adjudication of incompetency have been recently 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 21st day of March, 1997, upon consideration of the Petition for Appointment of a Temporary Guardian of the Person Pursuant to 20 Pa. C.S.A. 5513, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person was present, Nancy Hopple is adjudicated an incapacitated person, and Jennifer Buzby, an adult individual residing at 1128 South 18th Street, Harrisburg, Dauphin County, Pennsylvania, is appointed temporary partial guardian of her person for the purpose of executing a ,2176 waiver" and effecting Ms. Hopple's admission into such programs as may be available to'her as a consequence of the waiver. This appointment shall expire following the accomplishment of these two services. No bond shall be required of the guardian. Notice is hereby provided in person to Nancy Hopple of her right to appeal and to petition to modify or terminate the guardianship. By the Court, /s/ J. Wesley Oler, Jr. ROBERT L. O'BRIEN, ESQUIRE For the Petitioner Nancy Hopple 1541 McClures Gap Road Carlisle, PA 17013 Cumberland/Perry MH/MR wcy