HomeMy WebLinkAbout93-0688 Orphans' IN THE MATTER OF THE : IN THE COURT OF COMMON PLEAS OF
ESTATE OF EDWARD E. MORRIS, : CUMBERLAND COUNTY PENNSYLVANIA
an alleged incapacitated : '
person : 688 ORPHANS, COURT 1993
IN RE: PETITION FOR GUARDIANSHIP OF ESTATE
BEFORE OLER, J.
QRDER OF COURT
AND NOW, this 4th day of March, 1994, upon
consideration of the Petition for Guardianship, and following a
hearing held at the Cumberland County Nursing Home in the
presence of the allegedly incapacitated person and his
Court-Appointed Counsel, Carol J. Lindsay, Esquire, Edward E.
Morris is adjudicated an incapacitated person for purposes of
his estate, having previously been adjudicated an incapacitated
person for purposes of his person, and the CUmberland County
Office of Aging is appointed plenary guardian of his estate.
The guardian is directed to file reports in accordance with the
provisions of 20 Pa. C.S. Section 5521(c). No bond shall be
required of the guardian. The guardian so appointed is
authorized to pay the reasonable legal costs Of the Cumberland
County Nursing Home associated with these proceedings.
Notice is hereby provided to Edward E. Morris of
his right to appeal and to petition to modify or terminate the
guardianship.
By the Court,
J~ Wesley oi-~,(~jr~.~ ~~ ~. '
DAVID W. DeLUCE, ESQUIRE
For the Cumberland County Nursing Home
CAROL J. LINDSAY, ESQUIRE
Court-Appointed for Edward E. Morris
Office of Aging
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IN THE MATTER OF THE : IN THE COURT OF COMMON PLEAS OF
ESTATE OF EDWARD E. MORRIS, : CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated :
person : 688 ORPHANS, COURT 1993
IN RE: PETITION FOR GUARDIANSHIP OF ESTAT~
BEFORE OLER, J.
OPINION AND ORDER OF COURT
Oler, J.
At issue in the present case is whether Edward E.
Morris should be adjudicated an incapacitated person for
purposes of his estate, Mr. Morris having previously been
adjudicated an incapacitated person for purposes of his person,
and, if so, whether the Cumberland County Office of Aging should
be appointed plenary guardian of his estate. A hearing was held
on the matter on Friday, March 4, 1994, before the undersigned
judge. Based upon the evidence presented at the hearing and
filed of record, the following Findings of Fact, Discussion and
Order of Court are made and entered:
~INDINGS OF FACT
1. The allegedly incapacitated person is Edward
E. Morris, a domiciliary of Cumberland County, Pennsylvania,
born March 1, 1926, and presently residing on a long-term basis
at the Cumberland County Nursing Home, Claremont Drive,
Carlisle, Cumberland County, Pennsylvania.
2. Petitioner is the Cumberland County Nursing
Home, located on Claremont Drive, Carlisle, Cumberland County,
Pennsylvania; the proposed guardian of the estate is the
Cumberland County Office of Aging, having offices in Room 111,
East Wing, Cumberland County Courthouse, One Courthouse Square,
Carlisle, Pennsylvania.
3. Mr. Morris suffers from the effects of
alcoholism, rectal carcinoma, major depression, organic
affective disorder-dementia, and esophagitis. These conditions
have unfortunately advanced to the point that they impair his
capacity to make and communicate decisions to such an extent
that he is totally unable to meet the essential requirements for
his physical health and safety, and is totally unable to manage
his financial resources.
4. With respect to the extent of Mr. Morris'
capacity to make and communicate decisions with regard to his
financial resources, such capacity appears to be no longer
extant.
5. Guardianship services with respect to the
estate are necessary for Mr. Morris, notwithstanding the
personal assistance which he receives from the professionals at
the Cumberland County Nursing Home and those at the Office of
Aging.
6. Based on the medical condition of Mr. Morris
and his lack of capacity to make and communicate decisions as
aforesaid, a plenary guardianship with respect to his estate is
required.
7. In view of the absence of a favorable
prognosis at this time, the duration of the guardianship
required is indefinite, pending further Order of Court, and
apparently permanent.
8. Pursuant to 20 Pa. C.S. Section 5512.1(e), it
is expressly found that Mr. Morris is totally incapacitated and
in need of plenary guardianship services of his estate.
9. The Cumberland County Office of Aging is an
entity qualified under 20 Pa. C.S. Section 5511(f) to serve as
plenary guardian of Mr. Morris' estate.
10. The foregoing findings are made on the basis
of clear and convincing evidence.
DISCUSSION
The provisions respecting an adjudication of
incompetency have recently been amended and are contained in 20
Pa. C.S. Sections 5501 et seq. Petitioner has complied with
these provisions, and based upon the foregoing Findings of Fact,
the following Order of Court will be entered:
ORDER OF COURT
AND NOW, this 4th day of March, 1994, upon
consideration of the Petition for Guardianship, and following a
hearing held at the Cumberland County Nursing Home in the
presence of the allegedly incapacitated person and his
Court-Appointed Counsel, Carol J. Lindsay, Esquire, Edward E.
Morris is adjudicated an incapacitated person for purposes of
his estate, having previously been adjudicated an incapacitated
person for purposes of his person, and the Cumberland County
Office of Aging is appointed plenary guardian of his estate.
The guardian is directed to file reports in accordance with the
provisions of 20 Pa. C.S. Section 5521(c). No bond shall be
required of the guardian. The guardian so appointed is
authorized to pay the reasonable legal costs of the Cumberland
County Nursing Home associated with these proceedings.
Notice is hereby provided to Edward E. Morris of
his right to appeal and to petition to modify or terminate the
guardianship.
By the Court,
/s/ J. Wesley Oler, Jr. J.
DAVID DeLUCE, ESQUIRE
For the Cumberland County Nursing Home
CAROL J. LINDSAY, ESQUIRE
Court-Appointed for Edward E. Morris
Office of Aging
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