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HomeMy WebLinkAbout96-973 OrphansIN THE MATTER OF RANDY TAYLOR, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-973 INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIA~T 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.A. 5513, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person was present, Randy Taylor is adjudicated an incapacitated person, and his mother, Mary Helena Taylor, residing at 139 East Columbia Road, Enola, Cumberland County, Pennsylvania, is appointed temporary partial guardian of his person for the purpose of executing a "2176 waiver,, and any other necessary documents to effect her son's admission into the facility operated by Alternatives in Mechanicsburg, 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 Randy Taylor of his 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 Mary Helena Taylor 139 East Columbia Road Enola, PA 17025 Randy Taylor 139 East Columbia Road Enola, PA 17025 Cumberland/Perry MH/MR :slr IN THE MATTER OF RANDY TAYLOR, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-973 INCAPACITATED PERSON IN RE: PETITION FOR APPOINT~R.~ OF A TEMPORARY GUARDIA2~ OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513 Oler, J. BEFORE OLER, J. OPINION AND ORDER OF COURT At issue in the present case is whether Randy Taylor should be adjudicated an incapacitated person and, if so, whether his mother, Mary Helena Taylor, should be appointed temporary partial ~uardian of his 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: FINDINGS OF FACT 1. The allegedly incapacitated person is Randy Taylor, a 31-year-old (date of birth September 14, 1965) adult individual residing at 139 East Columbia Road, Enola, Cumberland County, Pennsylvania. 2. Petitioner is Robert L. O'Brien, Esquire, solicitor for the Cumberland/Perry Mental Health/Mental Retardation Office. 3. Mr. Taylor, since birth, has been in the moderately retarded range, having most recently been tested with respect to his IQ in May of 1996 with a result of 44. 4. As a result of his condition, Mr. Taylor's ability to receive and evaluate information and make and communicate decisions has been impaired to such a significant extent that he is unable to meet essential requirements for his 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 his admission to a facility known as Alternatives in Mechanicsburg, Cumberland County, Pennsylvania. 5. Guardianship services are necessary for Mr. Taylor, notwithstanding the personal assistance which he receives from his family and from services provided by the county. 6. Based on the aforesaid condition of Mr. Taylor and his lack of capacity to make and communicate decisions in the regard mentioned, a temporary and partial guardianship with respect to his person is required. 7. The duration of this guardianship shall be until the guardian has executed the necessary "2176 waiver" and secured Mr. Taylor's participation in the said program, if the guardian feels that such measures are in the interest of her son. 8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it is found that Mr. Taylor is partially incapacitated and in need of temporary partial guardianship services of his person. 9. The mother of Mr. Taylor is a person qualified under 20 Pa. C.S. Section 5511(f) to serve as guardian of his person. 10. It appears that Mr. Taylor'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 been amended and are contained in 20 Pa. C.S. Sections 5501 Dt 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.A. 5513, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person was present, Randy Taylor is adjudicated an incapacitated person, and his mother, Mary Helena Taylor, residing at 139 East Columbia Road, Enola, Cumberland County, Pennsylvania, is appointed temporary partial guardian of his person for the purpose of executing a "2176 waiver" and any other necessary documents to effect her son's admission into the facility operated by Alternatives in Mechanicsburg, 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 Randy Taylor of his right to appeal and to petition to modify or terminate the ~uardlanship. By the Court, /s/ J. Wesley Oler, Jr. J. Robert L. O'Brien, Esquire Solicitor for C,~mBerland/Perry MH/MR Mary Helena Taylor 139 East Columbia Road Enola, PA 17025 Randy Taylor 139 East Columbia Road Enola, PA 17025 Cumberland/Perry MH/MR :slr