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HomeMy WebLinkAbout96-306 OrphansIN THE MATTER OF THE PERSON AND ESTATE OF: IRENE HUNT, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-306 ORDER OF COURT AND NOW, this 15th day of April, 1996, upon consideration of the Petition for Appointment of Emergency Guardian, and following a hearing, Irene Hunt is adjudicated an incapacitated person on an emergency basis, and the Petitioner, the Area Agency on Aging, is appointed a temporary emergency plenary guardian of her person, and Stephen J. Hogg, Esquire, is appointed temporary emergency plenary guardian of her estate. The guardians are directed to file reports in accordance with the provisions of 20Pa. C.S. Section 5521(c). No bond shall be required of the guardians. Notice is hereby provided in person in open court to Irene Hunt of her right to appeal and to petition to modify or terminate the guardianships created herein. By the Court,~ J.~ w~srey' 0~- J~/~. Anthony L. DeLuca, Esquire For the Petitioner Rebecca Hughes, Esquire For Irene Hunt Irene Hunt Stephen Hogg, Esquire Area Agency on Aging wcy IN THE MATTER OF THE PERSON AND ESTATE OF: IRENE HUNT, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-306 IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN OLER, J. BEFORE OLER, J. OPINION AND ORDER OF COURT At issue in the present case is whether Irene Hunt should be adjudicated an incapacitated person on an emergency basis, and if so, whether Petitioner, the Area Agency on Aging, should be appointed plenary guardian of her person and Stephen J. Hogg, Esquire, should be appointed plenary guardian of her estate. A hearing was held on the matter on Monday, April 15, 1996, before the undersigned judge. Present at the hearing, among others, was the allegedly incapacitated person, Irene Hunt; also present was her Court-Appointed Counsel, Rebecca Hughes, Esquire. 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 Irene Hunt, a domiciliary of Cumberland County, Pennsylvania, residing at 1424 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania. 2. Ms. Hunt is 91 years of age and resides alone at the above address. 3. Petitioner and proposed guardian of the allegedly incapacitated person's person is the Area Agency on Aging, having an address of 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 4. The proposed guardian of the allegedly incapacitated person's estate is Stephen Hogg, a practicing Cumberland County attorney. 5. The allegedly incapacitated person, Irene Hunt, suffers from advanced dementia. 6. As a result of the aforesaid condition, Ms. Hunt is an adult whose ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that she is totally unable to manage her financial resources and totally unable to meet the essential requirements for her physical health and safety. 7. The aforesaid condition is apparently of an indefinite and possibly permanent nature. 8. Based upon the aforesaid condition, the Court finds that Ms. Hunt is in need of a plenary guardian of her person and her estate, and that the failure to make such appointment at this time would result in irreparable harm to her person and her estate. 9. In view of the absence of a contrary prognosis at this time, the duration of the guardianship required must be said to be indefinite and pending further Order of Court; however, because the guardianship petition is an emergency petition, the appointments required hereunder shall continue for 72 hours, plus any extension period granted by the Court in accordance with the Probate, Estates and Fiduciaries Code. 10. Petitioner, Area Agency on Aging, is found to be an entity qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of Ms. Hunt's person, and Stephen J. Hogg, Esquire, is found to be an individual qualified under the said provision to serve as plenary guardian of Ms. Hunt's estate. 11. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION 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 fully complied with these provisions as they apply to an emergency appointment of a guardian, and based upon the foregoing Findings of Fact, the following Order of Court will be entered. ORDER OF COURT AND NOW, this 15th day of April, 1996, upon consideration of the Petition for Appointment of Emergency Guardian, and following a hearing, Irene Hunt is adjudicated an incapacitated person on an emergency basis, and the Petitioner, the Area Agency on Aging, is appointed a temporary emergency plenary guardian of her person, and Stephen J. Hogg, Esquire, is appointed a temporary emergency 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). No bond shall be required of the guardians. Notice is hereby provided in person in open court to Irene Hunt of her right to appeal and to petition to modify or terminate the guardianships created herein. By the Court, /s/ J. Wesley Oler, Jr. Je Anthony L. DeLuca, Esquire For the Petitioner Rebecca Hughes, Esquire For Irene Hunt Irene Hunt Stephen J. Hogg, Esquire Area Agency on Aging wcy