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HomeMy WebLinkAbout96-974 OrphansIN THE MATTER OF LYNN FISHER An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPF~NS' COURT DIVISION NO. 21-96-974 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 C,,m~erland County Courthouse at which the allegedly incapacitated person was present, Lynn Fisher is adjudicated an incapacitated person, and her sister, Lorraine Kathleen Glumac, residing at 686 Lynes Road, Dillsburg, York County, Pennsylvania, is appointed temporary partial ~uardian of her person for the purpose of executing a "2176 waiver- and any other necessary documents to effect her sister'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 Lynn Fisher 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/PerryMH/MR Lynn Fisher Drexel Hills Group Home 1026 Drexel Hills Boulevard New Cumberland, PA 17070 Lorraine K. Glumac 686 Lynes Road Dillsburg, PA 17019 Cumberland/Perry MH/MR :sir IN THE MATTER OF LYNN FISHER An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-974 INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIA~T 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 Lynn Fisher should be adjudicated an incapacitated person and, if so, whether her sister, Lorraine Kathleen Glumac, should be appointed temporary partial guardian of her person. A hearing was held on the matter on Thursday, December 26, 1996, before the undersigued 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 Lynn Fisher, a 32-year-old (date of birth July 2, 1964) adult individual residing 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. Fisher, since birth, has been severely mentally retarded and has a condition known as Down's syndrome. 4. As a result of that condition, Ms. Fisher's ability to receive and evaluate info=marion 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 Drexel Hills Group Home in New Cumberland, Cumberland County, Pennsylvania. 5. Guardianship services are necessary for Ms. Fisher, 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. Fisher 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 gnardian has executed the necessary "2176 waiver" and secured Ms. Fisher's continued participation in the said program, if the gnardian feels that such measures are in the interest of her sister. 8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it is found that Ms. Fisher is partially incapacitated and in need of temporary partial guardianship services of her person. 9. The sister of Ms. Fisher is a person qualified under 20 Pa. C.S. Section 5511(f) to serve as guardian of her person. 10. It appears that Ms. Fisher'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 et 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, Lynn Fisher is adjudicated an incapacitated person, and her sister, Lorraine Kathleen Glumac, residing at 686 Lynes Road, Dillsburg, York 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 sister, 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 ~uardian. Notice is hereby provided in person to Lynn Fisher of her right to appeal and to petition to modify or te~-a~inate the ~uardianship. By the Court, /s/ J. Wesley Oler, Jr. Robert L. O'Brien, Esquire Solicitor for Cumberland/PerryMH/MR Lynn Fisher Drexel Hills Group Home 1026 Drexel Hills Boulevard New Cumberland, PA 17070 Lorraine K. Glumac 686 Lynes Road Dillsburg, PA 17019 Cumberland/Perry MH/MR :slr We