HomeMy WebLinkAbout94-0276 Orphans' IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
DAVID MILLER, :
An Alleged Incompetent : 94-276 ORPHANS COURT
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 13th day of April, 1994, 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, David
Miller is adjudicated an incapacitated person, and his father,
Paul A. Miller, is appointed temporary partial guardian of his
person for the purpose of executing a "2176 Waiver" and
effecting his son's admission into the HAP, Incorporated,
residental placement program. This appointment shall expire
following the accomplishment of those two services. No bond
shall be required of the guardian.
Notice is hereby provided in person to David
Miller of his right to appeal and to petition to modify or
terminate the guardianship.
By the Court~i
J. ~e~ley ~l~-J~. ,~0.'
ROBERT L. O'BRIEN, ESQUIRE
Solicitor for Cumberland/Perry MH/MR
Cumberland/Perry MH/MR
wcy
IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
DAVID MILLER, :
An Alleged Incompetent : 94-276 ORPHANS COURT
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
OPINION AND ORDER OF COURT
OLER, J.
At issue in the present case is whether David Miller
should be adjudicateed an incapacitated person and, if so,
whether his father, Paul A. Miller, should be appointed
temporary partial guardian of his person. A hearing was held on
the matter on Wednesday, April 13, 1994, 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
1. The allegedly incapacitated person is David
Miller.
2. Petitioner is Robert L. O'Brien, Esquire,
Solicitor for the Cumberland/Perry Mental Health/Mental
Retardation Office.
3. Mr. Miller is severely mentally retarded.
4. As a result of the aforesaid condition, Mr.
Miller's ability to receive and evaluate information and
communicate decisions has been impaired to such a significant
extent that he is unable to meet essential requirements for his
physical health and safety in the form of deciding whether to
execute a "2176 Waiver" for purposes of federal funding, and
entering the HAP, Incorporated, residental placement program.
Mr. Miller's condition has impaired his capacity to make and
communicate decisions.
5. Guardianship services are necessary for Mr. Miller
notwithstanding personal assistance which he receives from his
supportive family and from services provided by the county.
6. Based on the aforesaid condition of Mr. Miller and
his lack of capacity to make and communicate decisions in the
regard mentioned, a temporary and partial guardianship with
respect to his person is required.
7. The duration of this guardianship will be until
the guardian has executed the necessary "2176 Waiver" and
secured Mr. Miller's entrance into the HAP, Incorporated,
residental program, if the guardian feels that such measures are
in the interest of his son.
8. Pursuant to 20 Pa. C.S. Section 5512.1(B), it is
found that Mr. Miller is partially incapacitated and in need of
temporary partial guardianship services of the person.
9. The father of Mr. Miller is a person qualified
under 20 Pa. C.S. Section 5511(f) to serve as such guardian of
his person.
10. 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 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 13th day of April, 1994, 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, David
Miller is adjudicated an incapacitated person, and his father,
Paul A. Miller, is appointed temporary partial guardian of his
person for the purpose of executing a "2176 Waiver" and
effecting his son's admission into the HAP, Incorporated,
residental placement program. This appointment shall expire
following the accomplishment of those two services. No bond
shall be required of the guardian.
Notice is hereby provided in person to David
Miller of his 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 MH/MR
Cumberland/Perry MH/MR