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HomeMy WebLinkAbout21-2011-1132 IN RE: GLEN H. STONER, : IN THE COURT OF COMMON PLEAS OF AN ALLEGED INCAPACITATED : CUMBERLAND COUNTY, PERSON : PENNSYLVANIA : 21-11-1132 ORPHANS’ COURT MEMORANDUM OPINION AND ORDER OF COURT Masland, J., December 30, 2011:-- Before the court is the petition of Ronnie Stoner, Wayne Stoner and Kirby 1 Hockensmith, (hereafter Petitioners), which seeks the adjudication of incapacity and the appointment of a guardian for their uncle, Glen H. Stoner (hereafter Mr. Stoner). After an extensive hearing, which included the testimony of the Petitioners and their expert psychologist on the one side and the testimony of Mr. Stoner, his daughter, Janet Swope, Priscilla Whitman from the Cumberland County Office Aging and Mr. Stoner’s expert psychologist, we make the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Mr. Stoner suffers from the early stages of mixed dementia which affects, in part, his ability to receive and evaluate information. 2. Both psychologists and all the parties, including Mr. Stoner, are in agreement that he is currently unable to manage his resources. 3. Although Mr. Stoner’s reasoning and judgment are impaired, he remains capable of making reasonable decisions with respect to his daily living activities. At the hearing, Kirby Hockensmith did not appear or testify and it was related by 1 Ronnie Stoner that Mr. Hockensmith no longer desired to serve as plenary guardian of the person and estate of his uncle. Therefore, all references to the Petitioners shall exclude Mr. Hockensmith 21-11-1132 ORPHANS’ COURT 4. Mr. Stoner’s significant hearing deficit makes it difficult, but not impossible, for him to comprehend some of the information necessary to make decisions. 5. Based on the manner and content of Mr. Stoner’s testimony and the testimony of the neutral witness, Priscilla Whitman, we find that Mr. Stoner’s decision to move to Arlington, Texas to live with his daughter is reasonable under all the circumstances, including the following: a. Mr. Stoner first expressed a desire to move to Texas approximately one year ago, but wished to remain in Pennsylvania to care for his sister-in-law Rose Stoner. b. Mr. Stoner impressed the court as being fully aware of the implications of a move to Texas and expressed a knowing and voluntary desire to make that move. c. The court ascribes no fault to the Petitioners; however, the relationship with Mr. Stoner has been strained of late, and he feels isolated and “kicked around.” d. Although the Petitioners are genuinely fond of Mr. Stoner, they are unable to care for him on a full-time basis. e. Mrs. Swope is retired and able to care for her father on a full-time basis in Arlington, Texas. -2- 21-11-1132 ORPHANS’ COURT f. Because of the strained relationship with Petitioners, Mr. Stoner has given his power-of-attorney and power-of- attorney for healthcare purposes to his daughter. 6. Petitioners have ably served as trustees for an irrevocable trust established by Mr. Stoner when he moved to Pennsylvania in or about 2004. 7. Petitioners are willing and able to serve as guardian of the estate for Mr. Stoner. 8. The estate consists primarily of approximately $109,000 in cash that was hidden by Mr. Stoner at various locations in his garage apartment and which has been deposited in an account with Orrstown Bank. 9. Although Petitioners suspect Mrs. Swope of having ulterior motives with respect to Mr. Stoner’s estate, if she was solely interested in taking advantage of her father’s assets, the aforesaid funds would never have made it to Orrstown Bank. 10. Despite the fact that she was estranged from her father for over 30 years, Mrs. Swope appears genuinely desirous of caring for her father in his remaining years. 11. Should Mrs. Swope require financial assistance for Mr. Stoner in Arlington, a neutral guardian of the estate is in everyone’s best interest. -3- 21-11-1132 ORPHANS’ COURT CONCLUSIONS OF LAW 1. Notwithstanding the support of the Petitioners and Mr. Stoner’s daughter, the onset of dementia necessitates the appointment of a guardian with respect to his financial affairs. 2. A plenary guardian is required to manage those assets that are not within the irrevocable trust. 3. Mr. Stoner is able to adequately communicate some decisions with respect to his personal affairs, including the choice of where he wishes to live. Therefore, we refrain from appointing a guardian of the person for Mr. Stoner. As a consequence of the foregoing findings and conclusions we enter the following order: ORDER OF COURT AND NOW, this day of December, 2011, based upon the petition for appointment of a guardian pursuant to 20 Pa.C.S.A. Section 5511, and following a hearing, the court finds by clear and convincing evidence that the allegedly incapacitated person, Glen H. Stoner, is an incapacitated person in that because of the onset of symptoms of mixed dementia he is unable to receive and evaluate information effectively and communicate decisions sufficiently to such a degree that he is unable to manage his financial resources, we adjudicate him an incapacitated person with respect to his estate and appoint Orrstown Bank as plenary guardian of his estate. The requirement of bond is waived. -4- 21-11-1132 ORPHANS’ COURT Because Mr. Stoner is able to receive and evaluate information and communicate some decisions with respect to his person, and because a healthcare power-of-attorney is in place with his daughter, Janet Swope, we find it is unnecessary for the court to appoint a limited guardian of the person for Mr. Stoner. Finally, we suggest that his reasonable and competent decision to move to Texas should be adhered to, as should any reasonable and competent decision he may make to return to Pennsylvania at a later date. By the Court, Albert H. Masland, J. Mark F. Bayley, Esquire For Petitioner J. Edward Beck, Esquire For Glen H. Stoner :saa -5- IN RE: GLEN H. STONER, : IN THE COURT OF COMMON PLEAS OF AN ALLEGED INCAPACITATED : CUMBERLAND COUNTY, PERSON : PENNSYLVANIA : 21-11-1132 ORPHANS’ COURT ORDER OF COURT AND NOW, this day of December, 2011, based upon the petition for appointment of a guardian pursuant to 20 Pa.C.S.A. Section 5511, and following a hearing, the court finds by clear and convincing evidence that the allegedly incapacitated person, Glen H. Stoner, is an incapacitated person in that because of the onset of symptoms of mixed dementia he is unable to receive and evaluate information effectively and communicate decisions sufficiently to such a degree that he is unable to manage his financial resources, we adjudicate him an incapacitated person with respect to his estate and appoint Orrstown Bank as plenary guardian of his estate. The requirement of bond is waived. Because Mr. Stoner is able to receive and evaluate information and communicate some decisions with respect to his person, and because a healthcare power-of-attorney is in place with his daughter, Janet Swope, we find it is unnecessary for the court to appoint a limited guardian of the person for Mr. Stoner. Finally, we suggest that his reasonable and competent decision to move to Texas should be adhered to, as should any reasonable and competent decision he may make to return to Pennsylvania at a later date. By the Court, Albert H. Masland, J. 21-11-1132 ORPHANS’ COURT Mark F. Bayley, Esquire For Petitioner J. Edward Beck, Esquire For Glen H. Stoner :saa -7-