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HomeMy WebLinkAbout96-472 OrphansIN RE: : : JOHN C. MARTIN, an : alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-472 IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN OF THE ESTATE AND PERSON OF AN ALLEGED INCAPACITATED PERSON BEFORE OLER, J. ORDER OF COURT AND NOW, this 25th day of June, 1996, upon consideration of the Petition for Appointment of Emergency Guardian of the Estate and Person of an Alleged Incapacitated Person, and following a hearing, John C. Martin is adjudicated an incapacitated person. His son, Kevin John Martin, is appointed emergency plenary guardian of his person and his estate. This appointment shall continue for a period of 72 hours, after which time Petitioner is authorized to seek an extension of the appointment for periods up to 20 days. The guardian is directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521. No bond shall be required of the guardian. Pursuant to an agreement of counsel, the guardian shall not remove the allegedly incapacitated person from his residence without prior Order of Court, except in the case of an emergency. FILE COP t' MARK E. HALBRUNER, ESQUIRE For the Petitioner By the Court/~ ~ J~ W~sley Ol~r:~/~. GEORGE A. VAUGHN, III, ESQUIRE For the Allegedly Incapacitated Person wcy IN RE: : : JOHN C. MARTIN, an : alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-472 IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN OF THE ESTATE AND PERSON OF AN ALLEGED INCAPACITATED PERSON OLER, J. BEFORE OLER, J. OPINION AND ORDER OF COURT At issue in the present case is whether John C. Martin should be adjudicated an incapacitated person on an emergency basis and, if so, whether Petitioner, his son, Kevin John Martin, should be appointed emergency plenary guardian of his person and his estate. A hearing was held in this matter on Tuesday, June 25, 1996, at which the allegedly incapacitated person was present and represented by his Court-Appointed Counsel, George A. Vaughn, III, Esquire, and the Petitioner, Kevin John Martin, was present and represented by his privately retained counsel, Mark Halbruner, 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 John C. Martin, a domiciliary of Cumberland County, Pennsylvania, born February 7, 1923, and residing at 1927 Enfield Street, Camp Hill, Cumberland County, Pennsylvania. 2. Petitioner is Kevin John Martin, the allegedly incapacitated person's son, aged 41, and residing at 61 Valley Road, Jackson, New Jersey; the Petitioner is a lawn care specialist. 3. The allegedly incapacitated person has been represented in these proceedings by George A. Vaughn, III, Esquire, Court-Appointed Counsel, who appeared at the hearing on his behalf. 4. The allegedly incapacitated person suffers from senile dementia of the Alzheimer's type, which has impaired his short-term memory, and is of a progressive nature. However, at the present time, Mr. Martin's long-term memory appears to be excellent. 5. There is no indication at the present time that the aforesaid condition will reverse itself. 6. As a result of the aforesaid condition and the loss of short-term memory capacity, the allegedly incapacitated person is impaired with respect to his ability to receive and evaluate information effectively and to meet the essential requirements for his physical safety to an extent that the Court believes a plenary guardian on an emergency basis of his person and estate is necessary. 7. The duration of this guardianship is unknown at the present time, but because this particular guardianship is on an emergency basis, it may not extend beyond 72 hours without further Orders of Court. 8. The Court finds pursuant to 20 Pa. C.S. Section 5513 that it has not been feasible under the present circumstances to proceed in accordance with certain non-emergency provisions in the Guardianship Act, because failure to make an immediate appointment of a guardian could result in irreparable harm to the person of Mr. Martin. 9. Pursuant to the Probate, Estates and Fiduciaries Code, an emergency guardianship is required in this case. 10. The Petitioner is qualified 'under the Act to serve as plenary guardian of Mr. Martin's person and estate, and the Court believes that he has the best interests of his father at heart. 11. All reasonable efforts have been made to prevent this guardianship appointment. 12. Pursuant to an agreement of counsel, the guardian in this case will not remove Mr. Martin from his home without further Order of Court, except upon an emergency basis. It is noted that a hearing on a permanent appointment of guardian has been scheduled for August 1996 in this matter. 13. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacity have recently been amended and are contained in 20 Pa. C.S. Sections 5501 et seq. Petitioner has complied with these provisions as they relate to the appointment of an emergency guardian of the person, and based upon the foregoing Findings of Fact, the following Order of Court will be entered. ORDER OF COURT AND NOW, this 25th day of June, 1996, upon consideration of the Petition for Appointment of Emergency Guardian of the Estate and Person of an Alleged Incapacitated Person, and following a hearing, John C. Martin is adjudicated an incapacitated person. His son, Kevin John Martin, is appointed emergency plenary guardian of his person and his estate. This appointment shall continue for a period of 72 hours, after which time Petitioner is authorized to seek an extension of the appointment for periods up to 20 days. The guardian is directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521. No bond shall be required of the guardian. Pursuant to an agreement of counsel, the guardian shall not remove the allegedly incapacitated person from his residence without prior Order of Court, except in the case of an emergency. By the Court, /s/ J. Wesley Oler, Jr. MARK E. HALBRUNER, ESQUIRE For the Petitioner GEORGE A. VAUGHN, III, ESQUIRE For the Allegedly Incapacitated Person wcy