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HomeMy WebLinkAbout96-975 OrphansIN THE MATTER OF LOUELLA P. SMITH, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-975 INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIA~I' OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513 BEFORE OLER, J. ORDER OF COURT AND NOW, this 26th day of December, 1996, upon consideration of the Petition for Appointment of a Temporary Guardian of the Person Pursuant to 20 Pa. C.S. 5513, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person was present, Louella P. Smith is adjudicated an incapacitated person, and her mother, Aletha M. Smith, residing at R.D. 1, Box 92, Blain, Perry County, Pennsylvania, is appointed temporary partial guardian of her person for the purpose of executing a "2176 waiver" and any other necessary documents to effect her daughter's continued participation in the facility known as Drexel Hills Group Home in New Cumberland, Cumberland County, Pennsylvania. This appointment shall expire following the accomplishment of this function. No bond shall be required of the guardian. Notice is hereby provided in person to Louella P. Smith of her right to appeal and to petition to modify or terminate the guardianship. By the Court, Robert L. O'Brien, Esquire Solicitor for Cumberland/Perry MH/MR Aletha M. Smith R.D. 1, Box 92 Blain, PA 17006 Louella P. Smith Drexel Hills Group Home 1026 Drexel Hills Boulevard New Cumberland, PA 17070 Cumberland/Perry :sir IN THE MATTER OF LOUELLA P. SMITH, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-975 INCAPACITATED PERSON IN RE: PETITION FOR APPOINT~mNT OF A TEMPORARY HUARDIA~T OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513 BEFORE OLER, J. QPINIONAND ORDER OF COURT Oler, j. At issue in the present case is whether Louella P. Smith should be adjudicated an incapacitated person and, if so, whether her mother, Aletha M. Smith, should be appointed temporary partial ~uardian of her person. A hearing was held on the matter on Thursday, December 26, 1996, 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: FINDINHS OF FACT 1. The allegedly incapacitated person is Louella P. Smith, a 5S-year-old (date of birth October 23, 1938) adult individual residing at Drexel Hills Hroup Home, 1026 Drexel Hills Boulevard, New Cumberland, Cumberland County, Pennsylvania. 2. Petitioner is Robert L. O'Brien, Esquire, solicitor for the Cumberland/Perry Mental Health/Mental Retardation Office. mentally retarded. 4. Ms. Smith, since birth, has been profoundly As a result of that condition, Ms. Smith's ability to receive and evaluate information and make and communicate decisions 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 and other documents necessary for her continued care at a facility known as Drexel Hills Group Home. 5. Guardianship services are necessary for Ms. Smith, notwithstanding the personal assistance which she receives from her family and from services provided by the county. 6. Based on the aforesaid condition of Ms. Smith 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. Smith's continued participation in the aforesaid program, if the guardian feels that such measures are in the interest of her daughter. 8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it is found that. Ms. Smith is partially incapacitated'and in need of temporary partial ~uardianship services of her person. 9. The mother of Ms. Smith is a person qualified under 20 Pa. C.S. Section 5511(f) to serve as guardian of her person; Louella P. Smith's mother lives at R.D. 1, Box 92, Blain, Perry County, Pennsylvania. 10. It appears that Ms. Smith'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 be amended and are contained in 20 Pa. C.S. Sections 5501 9t seq. Petitioner has substantially complied with these provisions, and, based upon the foregoing Findings of Fact, the following Order will be entered: 9RDER OF COURT AND NOW, this 26th day of December, 1996, upon consideration of the Petition for Appointment of a Temporary Guardian of the Person Pursuant to 20 Pa. C.S. 5513, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person was present, Louella P. Smith is adjudicated an incapacitated person, and her mother, Aletha M. Smith, residing at R.D. 1, Box 92, Blain, Perry County, Pennsylvania, is appointed temporary partial guardian of her person for the purpose of executing a "2176 waiver,, and any other necessary documents to effect her daughter's continued participation in the facility known as Drexel Hills Group Home in New Cumberland, Cumberland County, Pennsylvania. This appointment shall expire following the accomplishment of this function. No bond shall be required of the guardian. Notice is hereby provided in person to Louella P. Smith of her right to appeal and to petition to modify or 'terminate the guardianship. By the Court, /s/ J. Wesley Oler, Jr. J. Robert L. O'Brien, Esquire Solicitor for Cumberland/Perry MH/MR Aletha M. Smith R.D. 1, Box 92 Blain, PA 17006 Louella P. Smith Drexel Hills Group Home 1026 Drexel Hills Boulevard New Cumberland, PA 17070 Cumberland/Perry MH/MR :slr