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HomeMy WebLinkAbout96-890 OrphansIN THE MATTER OF THE PERSON AND ESTATE OF: ALMA B. SENIOR, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-96-890 ORDER OF COURT AND NOW, this 22nd day of November, 1996, upon consideration of the Petition for Appointment of Permanent Plenary Guardian of the Person and Estate, and following a hearing, Alma B. Senior is adjudicated an incapacitated person. The Area Agency on Aging in and for Cumberland County, Pennsylvania, is appointed plenary guardian of the person of Alma B. Senior. William G. Reese (W.G. Reese Financial Guardian Services), P~.O. Box 351, Newport, Pennsylvania, is appointed plenary guardian of the estate of Alma B. Senior, conditioned upon his filing bond as security for the proper performance of his duties in the amount of $50,000.00. 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 Area Agency on Aging. Notice is hereby provided to Alma B. Senior through her Court-Appointed Counsel, Susan J. Otto, Esquire, and through service of this order of her right to appeal, and to petition to modify or terminate the guardianships created herein. ANTHONY L. DeLUCA, ESQUIRE For the Area Agency on Aging By the Court, SUSAN J. OTTO, ESQUIRE Court-Appointed Counsel for Alma B. Senior ROBERT E. RADEBACH, ESQUIRE For Elmer Senior wcy IN THE MATTER OF THE PERSON AND ESTATE OF: ALMA B. SENIOR, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA oRpHANs' COURT DIVISION No. 21-96-890 OLER, J. IN RE: PETITION FOR GUARDIANSHIP BEFORE OLER, J. OPINION AND ORDER OF COURT At issue in the present case is whether Alma B. Senior should be adjudicated an incapacitated person, and if so who should be appointed plenary guardians of her person and estate. A hearing was held on the matter on Friday, November 22, 1996, before the ugdersigned judge. 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 Alma B. Senior, a domiciliary of Cumberland County, Pennsylvania, residing at 1405 Lowther Street, Camp Hill, Cumberland County, Pennsylvania. 2. Ms. Senior was born on January 5, 1920, and is presently 76 years of age. 3. Petitioner is the Area Agency on Aging in and for Cumberland County, with offices located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 4. The allegedly incapacitated person, Alma B. Senior, suffers from a condition of cerebral atrophy, which has resulted in a state of dementia. 5. As a result of the aforesaid condition, the allegedly incapacitated person 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 essential requirements for her physical health and safety. 6. The aforesaid condition is apparently of an indefinite and possibly permanent nature, her prognosis being .guarded and the normal course of dementia of this nature being progressive. 7. Based upon the aforesaid condition, the Court finds that it is necessary to establish a plenary guardianship with respect to the estate and person of Alma B. Senior. 8. In view of the absence of a contrary prognosis at this time, the duration of the guardianship required must be said to be indefinite, pending further Order of Court, and possibly permanent. 9. The guardianship to be established herein is necessary notwithstanding any assistance which the allegedly incapacitated person may receive from her family members. 10. The Area Agency on Aging in and for Cumberland County is found to be an entity qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of Ms. Senior's person, and William G. Reese (W.G. Reese Financial Guardian Services) is found to be a person qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of Ms. Senior's estate, conditioned upon the latter's filing of a suitable bond. 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 been recently amended and are contained in 20 Pa. C.S. Sections 5501 et seq. Petitioners have either fully complied with these provisions or secured waivers with respect to them from all interested parties and/or their counsel, and based upon the foregoing Findings of Fact, the following Order of Court will be entered. ORDER OF COURT AND NOW, this 22nd day of November, 1996, upon consideration of the Petition for Appointment of Permanent Plenary Guardian of the Person and Estate, and following a hearing, Alma B. Senior is adjudicated an incapacitated person. The Area Agency on Aging in and for Cumberland County, Pennsylvania, is appointed plenary guardian of the person of Alma B. Senior. William G. Reese (W.G. Reese Financial Guardian Services), P.O. Box 351, Newport, Pennsylvania, is appointed plenary guardian of the estate of Alma B. Senior, conditioned upon his filing bond as security for the proper performance of his duties in the amount of $50,000.00. 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 Area Agency on Aging. Notice is hereby provided to Alma B. Senior through her Court-Appointed Counsel, Susan J. Otto, Esquire, and through service of this order of her right to appeal, and to petition to modify or terminate the guardianships created herein. By the Court, /s/ J. Wesley Oler, Jr. ANTHONY L. DeLUCA, ESQUIRE For the Area Agency on Aging SUSAN J. OTTO, ESQUIRE Court-Appointed Counsel for Alma B. Senior ROBERT E. RADEBACH, ESQUIRE For Elmer Senior wcy