Loading...
HomeMy WebLinkAbout96-976 OrphansIN THE MATTER OF AMOS GRIEST An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-976 INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN 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, Amos Griest is adjudicated an incapacitated person, and Pamela Brown, an adult individual residing at 1990 Walnut Bottom Road, Carlisle, 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 Mr. Griest's continued participation in the facility known as the Mt. Holly Group Home in Mt. Holly Springs, 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 Amos Griest 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 Pamela Brown 1990 Walnut Bottom Road Carlisle, PA 17013 Amos Griest Mt. Holly Group Home 401 West Pine Street Mt. Holly Springs, PA 17065 Cumberland/Perry :slr IN THE MATTER OF AMOS GRIEST An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-976 INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN 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 Amos Griest should be adjudicated an incapacitated person and, if so, whether Pamela Brown 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 Amos Griest, a 75-year-old (date of birth January 31, 1921) adult individual residing at the Mt. Holly Group Home, 401 West Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 2. Petitioner is Robert L. O'Brien, Esquire, solicitor for the Cumberland/Perry Mental Health/Mental Retardation Office. 3. Mr. Grlest, since birth, has been severely mentally retarded, and, in addition, presently suffers from bipolar disorder. 4. As a result of these conditions, Mr. Grlest'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 continued care at a facility known as Mt. Holly Group Home, located at 401 West Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 5. Guardianship services are necessary for Mr. Griest, notwithstanding any other assistance which he may be receiving from family and from services provided by the county. 6. Based on the aforesaid conditions of Mr. Griest 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. Griest's continued participation in the aforesaid program, if the guardian feels that such measures are in the interest of Mr. Griest. 8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it is found that Mr. Griest is partially incapacitated and in need of temporary partial guardianship services of his person. 9. Pamela Brown, an adult individual residing at 1990 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, who is familiar with the "2176 waiver" and other needs of Mr. Griest, is a person qualified under 20 Pa. C.S. Section 5511(f) to serve as guardian of his person. 10. It appears that Mr. Griest'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 9t seq. Petitioner has substantially complied with these provisions, and, based upon the foregoing Findings of Fact, the following Order will be entered: 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, Amos Griest is adjudicated an incapacitated person, and Pamela Brown, an adult individual residing at 1990 Walnut Bottom Road, Carlisle, 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 Mr. Griest's continued participation in the facility known as the Mt. Holly Group Home in Mt. Holly Springs, 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 Amos Griest of his right to appeal and to petition to modify or terminate the ~uardianship. By the Court, /s/ J. Wesley Oler, Jr. J. Robert L. O'Brien, Esquire Solicitor for Cumberland/Perry MH/MR Pamela Brown 1990 Walnut Bottom Road Carlisle, PA 17013 Amos Griest Mt. Holly Group Home 401 West Pine Street Mt. Holly Springs, PA 17065 Cumberland/Perry MH/MR :slr