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HomeMy WebLinkAbout97-102 OrphansIN THE MATTER OF : : ANITA V. SANCHEZ, an alleged : incapacitated person : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-97-102 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, Anita V. Sanchez is adjudicated an incapacitated person, and her sister, Isabelle Diane Berger, residing at 135 Briarwood Court, Camp Hill, Cumberland County, Pennsylvania, is appointed temporary partial guardian of her person for the purpose of executing a "2176 waiver" and effecting her sister's admission into such programs as may be available as a consequence of the waiver. This appointment shall expire following the accomplishment of these services. .No bond shall be required of the guardian. Notice is hereby provided in person to Anita V. Sanchez of her right to appeal and to petition to modify or terminate the guardianship. By the Court, ROBERT L. O'BRIEN, ESQUIRE For the Petitioner Anita Sanchez 320 North 21st Street Camp Hill, PA 17011 Cumberland/Perry MH/MR wcy IN THE MATTER OF : ANITA V. SANCHEZ, an alleged : incapacitated person : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-97-102 IN RE: PETITION FOR GUARDIANSHI~ BEFORE OLER, J.. OPINION AND ORDER OF COURT Oler, J. At issue in the present case is whether Anita V. Sanchez should be adjudicated an incapacitated person, and, if so, whether her sister, Isabelle Diane Berger, 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 Anita V. Sanchez, a 46-year-old (d.o.b. February 24, 1951) adult individual residing at 320 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. This property is a residential facility operated by the Cumberland Perry Association for Retarded citizens. 2. Petitioner is Robert L. O'Brien, Esquire, Solicitor for the Cumberland/Perry Mental Health/Mental Retardation office. 3. Ms. Sanchez, since birth, has been in the profoundly mentally retarded range, having an IQ of 20 or less, and, in addition, suffers from bipolar disorder. 4. As a result of the aforesaid conditions, Ms. Sanchez's ability to receive and evaluate information and make and communicate decisions effectively 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. Sanchez notwithstanding the personal assistance which she receives from CPARC, from her mother and father, and from her sister, Isabelle Diane Berger. 6. Based upon the aforesaid conditions of Ms. Sanchez 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. Sanchez's participation in any programs which may become available as a result of that waiver, if the guardian feels that such measures are in the interest of her sister. 8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it is found that Ms. Sanchez is partially incapacitated and in need of temporary partial guardianship services of her person. 9. The sister of Ms. Sanchez, Isabelle Diane Berger, residing at 1345 Briarwood Court, Camp Hill, Cumberland County, Pennsylvania, 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. Sanchez'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 recently been amended and are contained in 20 Pa. C.S. Sections 5501 et. se~. Petitioner has substantially complied with these provisions, an~ 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, Anita V. Sanchez is adjudicated an incapacitated person, and her sister, Isabelle Diane Berger, residing at 135 Briarwood Court, Camp Hill, Cumberland County, Pennsylvania, is appointed temporary partial guardian of her person for the purpose of executing a "2176 waiver" and effecting her sister's admission into such programs as may be available as a consequence of the waiver. This appointment shall expire following the accomplishment of these services. No bond shall be required of the guardian. Notice is hereby provided in person to Anita V. Sanchez of her right to appeal and to petition to modify or terminate the guardianship. By the Court, /s/ J. Wesley Oler, Jr. Je ROBERT L. O'BRIEN, ESQUIRE For the Petitioner Anita Sanchez 320 North 21st Street Camp Hill, PA 17011 Cumberland/Perry MH/MR wcy