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HomeMy WebLinkAbout96-306 Orphans (2)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 ORDER OF COURT AND NOW, this 7th day of May, 1996, upon consideration of the Petition for Appointment of Guardian in the above-captioned matter, and following a hearing, Irene Hunt is adjudicated an incapacitated person, and the Area Agency on Aging is appointed plenary guardian of her person and Ann Thorek, t/a/d/b/a Capitol - Public Guardianship Agency, P.O. Box 1113, Camp Hill, Cumberland County, Pennsylvania, is appointed plenary guardian of her estate. The minimum fee for the guardian of the estate shall be $35.00 per month, without prejudice to the right of the guardian to seek prospectively a higher fee in the event the guardian's duties become more onerous than anticipated. The guardian of the estate shall establish an irrevocable burial reserve in the amount of $2,500.00. No bond shall be required of the guardian of the person. Bond with corporate security in the amount of $10,000.00 shall be provided by the guardian of the estate. The guardians are directed to file reports in accordance with the provisions of 20 Pa. C.S. ~5521(c). Notice is hereby provided to Irene Hunt of her right to appeal and to petition to modify or terminate the guardianships created herein. BY THE COURT, JW 'Wesley Ole~,~Jr., J. Anthony L. DeLuca, Esq. 113 Front Street Boiling Springs, PA 17007 Attorney for Petitioner Rebecca Hughes, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Irene Hunt Ann Thorek t/a/d/b/a Capitol - Public Guardianship Agency P.O. Box 1113 Camp Hill, PA 17011 Stephen J. Hogg, Esq. 401 East Louther Street Carlisle, PA 17013 Guardian of the Estate 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 GUARDIANSHIP BEFORE OLER, J. OPINION and ORDER OF COURT Oler, J. At issue in the present case is whether Irene Hunt should be adjudicated an incapacitated person, and if so whether Petitioner, the Area. Agency on Aging, should be appointed plenary guardian of her person and another person or entity should be appointed plenary guardian of her estate. A hearing was held on the matter on Tuesday, May 7, 1996, before the undersigned judge. Present at the hearing were the allegedly incapacitated person and her court- appointed counsel, Rebecca Hughes, Esq., among others. Based upon the evidence presented at the hearing, which included evidence incorporated from an emergency hearing held on April 15, 1996, 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. IN THE MATTER OF THE PERSON AND ESTATE OF IRENE HUNT NO. 21-96-306 3. The 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. An available possible guardian of the allegedly incapacitated person's estate is Ann Thorek, t/a/d/b/a Capitol - public Guardianship Agency, P.O. Box 1113, Camp Hill, Cumberland County, Pennsylvania. 5. The allegedly incapacitated person, Irene Hunt, suffers from advanced dementia, apparently of the senile type. 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 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. 9. In view of the absence of a contrary prognosis at this time, the duration of the guardianship required must be said to be 2 IN THE MATTER OF THE PERSON AND ESTATE OF IRENE HUNT NO. 21-96-306 indefinite and pending further Order of Court. 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 Ann Thorek 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 complied with these provisions as they apply to the appointment of a guardian of Ms. Hunt's person and a guardian of her estate, and based upon the foregoing Findings of Fact the following Order of Court will be entered: ORDER OF COURT AND NOW, this 7th day of May, 1996, upon consideration of the Petition for Appointment of Guardian in the above-captioned matter, and following a hearing, Irene Hunt is adjudicated an incapacitated person, and the Area Agency on Aging is appointed plenary guardian of her person and Ann Thorek, t/a/d/b/a Capitol - Public Guardianship Agency, P.O. Box 1113, Camp Hill, Cumberland County, Pennsylvania, is appointed plenary guardian of her estate. The 3 IN THE MATTER OF THE PERSON AND ESTATE OF IRENE HUNT NO. 21-96-306 minimum fee for the guardian of the estate shall be $35.00 per month, without prejudice to the right of the guardian to seek prospectively a higher fee in the event the guardian's duties become more onerous than anticipated. The guardian of the estate shall establish an irrevocable burial reserve in the amount of $2,500.00. No bond shall be required of the guardian of the person. Bond with corporate security in the amount of $10,000.00 shall be provided by the guardian of the estate. The guardians are directed to file reports in accordance with the provisions of 20 Pa. C.S. §5521(c). Notice is hereby provided to Irene Hunt of her right to appeal and to petition to modify or terminate the guardianships created herein. BY THE COURT, J. Wesley Ole~, Jr., J.~ ' ~ IN THE MATTER OF THE PERSON AND ESTATE OF IRENE HUNT NO. 21-96-306 Anthony L. DeLuca, Esq. 113 Front Street Boiling Springs, PA 17007 Attorney for Petitioner Rebecca Hughes, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Irene Hunt Ann Thorek t/a/d/b/a Capitol - Public Guardianship Agency P.O. Box 1113 Camp Hill, PA 17011 Stephen J. Hogg, Esq. 401 East Louther Street Carlisle, PA 17013 Guardian of the Estate : rc 5