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HomeMy WebLinkAbout96-977 OrphansIN THE MATTER OF TAMMY HOCK An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-977 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, Tammy Hock is adjudicated an incapacitated person, and her mother, Genevieve Hock, residing at 12 Hilltop Lane, Newville, Cumberland 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 at the facility known as the 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 Tammy Hock 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 Genevieve Hock 12 Hilltop Lane Newville, PA 17241 Tammy Hock Drexel Hills Group Home 1026 Drexel Hills Boulevard New Cumberland, PA 17070 Cumberland/Perry MH/MR :slr IN THE MATTER OF TAMMY HOCK An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-977 INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIA~ OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513 BEFORE OLER, J. OPINION AND ORDER OF COURT Oler, J. At issue in the present case is whether Tammy Hock should be adjudicated an incapacitated person and, if so, whether her mother, Genevieve Hock, should be appointed temporary partial guardian 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: FINDINGS OF FACT The allegedly incapacitated person is Tammy Hock, a 31-year-old (date of birth November 29, 1965) adult individual residing at the Drexel Hills Group Home at 1026 Drexel Hills Boulevard, New Cumberland, Cumberland County, Pennsylvania. 2. Petitioner is Robert L. O'Brien, Esquire, solicitor for the Cumberland/PerryMental Health/Mental Retardation Office. 3. Ms. Hock, since birth, has been in the severely mentally retarded range. 4. As a result of that condition, Ms. Hock'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.participation at the Drexel Hills Group Home. 5. Guardianship services are necessary for Ms. Hock, notwithstanding the personal assistance which she receives from her mother and father and from services provided by the county. 6. Based on the aforesaid condition of Ms. Hock 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. Hock'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. Hock is partially incapacitated and in need of temporary partial guardianship services of her person. 9. The mother of Ms. Hock is a person qualified under 20 Pa. C.S. Section 5511(f) to serve as guardian of her person; Genevieve Hock resides at 12 Hilltop Lane, Newville, Cumberland County, Pennsylvania. 10. It appears that Ms. Hook's condition is of an indefinite nature in terms of duration. ll. The foregoing Findings of Fact are made on the basis of clear an convincing evidence. DISCUSSION The provisions respecting adjudication of incompetency have recently been amended and are contained in 20 Pa. C.S. Sections 5501 et seq. Petitioner has substantially complied with these provisions, and, based upon the foregoing Findings of Fact, the following Order will be entered: QRDER 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, Tammy Hock is adjudicated an incapacitated person, and her mother, Genevieve Hock, residing at 12 Hilltop Lane, Newville, Cumberland 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 at the facility known as the 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 Tammy Hock 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 ~H/MR Genevieve Hock 12 Hilltop Lane Newville, PA 17241 Tammy Hock Drexel Hills Group Home 1026 Drexel Hills Boulevard New Cumberland, PA 17070 Cumberland/Perry MH/MR :slr