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HomeMy WebLinkAbout94-0069 Orphans' IN THE MATTER OF THE PERSON: IN THE COURT OF COMMON PLEAS OF AND ESTATE OF : CUMBERLAND COUNTY, PENNSYLVANIA : Clair R. Zimmerman, : AN ALLEGED INCAPACITATED : PERSON : 69 ORPHANS' COURT 1994 IN RE: PETITION FOR EMERGENCY GUARDIANSHIP BEFORE OLER, J. ORDER OF COURT AND NOW, this 1st day of February, 1994, upon consideration of the Petition for Appointment of Emergency Guardian, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person and his Court-appointed counsel were present, Clair R. Zimmerman is adjudicated an incapacitated person on an emergency basis, and the Area Agency on Aging in and for Cumberland County, Pennsylvania, is appointed plenary emergency guardian of his person, and Susan J. Otto, Esquire, is appointed plenary emergency guardian of his estate. The guardians are directed to file any reports with the Court required under 20 Pa. C.S. Section 5521(c). No bond shall be required of either guardian. This order is a temporary emergency order pursuant to 20 Pa. C.S. Section 5513, and shall be superseded by an order providing for permanent guardianship in the event that a petition for the same is filed and evidence supports such appointment. In the event that no such petition is filed, this 72-hour Order shall expire following any extension thereof granted pursuant to Section 5513. Notice is hereby provided to the person of Clair R. Zimmerman, who is present at the dictation hereof, of his right to appeal and to petition to modify or terminate the guardianships herein effected. Attention of the persons attending this hearing is drawn to the following provision from Section 5604 of the Pennsylvania Probate, Estates and Fiduciary Code: "If, following execution of a durable power of attorney, the principal is adjudicated an incapacitated person and a guardian is appointed for his estate, the attorney-in-fact is accountable to the guardian as well as to the principal. The guardian shall have the same power to revoke or amend the power of attorney that the principal would have had if he were not an incapacitated person." BY THE COURT Anthony L. DeLuca, Esquire Counsel for the Area Agency on Aging Susan J. Otto, Esquire Court-appointed Counsel for Clair R. Zimmerman Ms. Carolyn Robinson 2008 Susquehanna Street Harrisburg, PA 17110. it IN THE MATTER OF THE PERSON: IN THE COURT OF COMMON PLEAS OF AND ESTATE OF : CUMBERLAND COUNTY, PENNSYLVANIA : Clair R. Zimmerman, : AN ALLEGED INCAPACITATED : PERSON : 69 ORPHANS' COURT 1994 IN RE: PETITION FOR EMERGENCY GUARDIANSHIP BEFORE OLER, J. OPINION AND ORDER OF COURT Oler, J. At issue in the present case is whether Clair R. Zimmerman should be adjudicated an incapacitated person and, if so, whether Petitioner should be appointed plenary guardian of his person on an emergency basis, and whether a plenary guardian of his estate on an emergency basis should also be appointed. A hearing was held on the matter on Tuesday, February 1, 1994, before the undersigned judge at the Cumberland County Courthouse. 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 Clair R. Zimmerman, a domiciliary of Cumberland County, Pennsylvania, residing at 808 Carol Circle, New Cumberland Borough, Cumberland County, Pennsylvania, and presently a patient at the Harrisburg Hospital, Dauphin County, Pennsylvania. 2. Petitioner is the Area Agency on Aging in and for Cumberland County, Pennsylvania, having offices in Cumberland County, Pennsylvania. 3. Mr. Zimmerman suffers from multi-infarcted dementia, which is a condition of mental incapacity brought about by a series of strokes. 4. The condition of multi-infarcted dementia has unfortunately advanced to the point that it impairs his capacity to receive and evaluate information effectively and make and communicate decisions. Mr. Zimmerman's ability to receive and evaluate information and communicate decisions has been impaired by that condition to such a significant extent that he is totally unable to meet essential requirements for his physical health and safety and to manage his financial resources. 5. Guardian services are necessary for Mr. Zimmerman, notwithstanding the personal assistance which he has received in the past from Carol Robinson, who holds a power of attorney from him. 6. Based on the medical condition of Mr. Zimmerman and his lack of capacity to receive and evaluate information and to make and communicate decisions, a plenary guardianship with respect to his person is required. 7. Based on the medical condition of Mr. Zimmerman, and his lack of capacity to receive and evaluate information and to make and communicate decisions, a plenary guardianship with respect to his estate is also required. 8. In view of the absence of a favorable prognosis at this time, the duration of the guardianships required will apparently be indefinite. 9. Pursuant to 20 Pa. C.S. Section 5512.1(c) of the Probate, Estates and Fiduciaries Code, the Court expressly finds that Mr. Zimmerman is totally incapacitated and in need of plenary guardianship services with respect to his person. The Court makes the same finding pursuant to Section 5512.1(e) of the Code with respect to his need of plenary guardianship services with respect to his estate. 10. Petitioner is an entity quantified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of his person. Susan J. Otto, Esquire, is a person qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of his estate. 11. A failure to appoint the said guardians at this time will result in irreparable harm to the person and estate of Mr. Zimmerman. 12. Procedural requirements not met in this case are excused as unfeasible, under 20 Pa. C.S. Section 5513. 13. The foregoing findings of fact are made based on clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacity have recently been amended and are contained in 20 Pa. C.S. Section 5501 et seq. Petitioner has complied with these provisions as they relate to appointment of an emergency guardian, and based upon the foregoing findings of fact the following Order of Court for emergency guardianship will be entered: ORDER OF COURT AND NOW, this 1st day of February, 1994, upon consideration of the Petition for Appointment of Emergency Guardian, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person and his Court-appointed counsel were present, Clair R. Zimmerman is adjudicated an incapacitated person on an emergency basis, and the Area Agency on Aging in and for Cumberland County, Pennsylvania, is appointed plenary emergency guardian of his person, and Susan J. Otto, Esquire, is appointed plenary emergency guardian of his estate. The guardians are directed to file any reports with the Court required under 20 Pa. C.S. Section 5521(c). No bond shall be required of either guardian. This order is a temporary emergency order pursuant to 20 Pa. C.S. Section 5513, and shall be superseded by an order providing for permanent guardianship in the event that a petition is filed and evidence supports such appointment. In the event that no such petition is filed, this 72-hour Order shall expire following any extension thereof granted pursuant to Section 5513. Notice is hereby provided to the person of Clair R. Zimmerman, who is present at the dictation hereof, of his right to appeal and to petition to modify or terminate the guardianships herein effected. Attention of the persons attending this hearing is drawn to the following provision from Section 5604 of the Pennsylvania Probate, Estates and Fiduciary Code: "If, following execution of a durable power of attorney, the principal is adjudicated an incapacitated person and a guardian is appointed for his estate, the attorney-in-fact is accountable to the guardian as well as to the principal. The guardian shall have the same power to revoke or amend the power of attorney that the principal would have had if he were not an incapacitated person." BY THE COURT J. Wesley Oler, Jr. J. Anthony L. DeLuca, Esquire Counsel for the Area Agency on Aging Susan J. Otto, Esquire Court-appointed Counsel for Clair R. Zimmerman Ms. Carolyn Robinson 2008 Susquehanna Street Harrisburg, PA 17110