HomeMy WebLinkAbout94-256 Orphans' IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF
JAMES RUHRIG, : CUMBERLAND COUNTY, PENNSYLVANIA
An Alleged Incompetent : ORPHANS' COURT DIVISION
: NO. 21-94-256
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 6th day of May, 1994, upon
consideration of the Petition for Appointment of a Temporary
Guardian of the Person Pursuant to Pa. C.S.A. 5513, and
following a hearing held at the Cumberland County Courthouse,
James Ruhrig is adjudicated an incapacitated person, and his
brother, Weston Robert Ruhrig, is appointed temporary partial
guardian of his person for the purpose of executing a "2176
Waiver" and effecting his brother's admission into the HAP,
Incorporated, residential program. This appointment shall
~expire following the accomplisb_ment of those two services. No
bond shall be required of the guardian.
Notice is hereby given to James Ruhrig of his
right to appeal and to petition to modify or terminate the
guardianship.
By the Court,
J~Wesley 011~, Jr. ,t~j.
ROBERT L. O'BRIEN, ESQUIRE
Solicitor for Cumberland/Perry MH/MR
James Ruhrig
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IN TEE MATTER OF : IN T~E COURT OF COMMON PLEAS OF
JAMES RU}{RIG, : CUMBERLAND COUNTY, PENNSYLVANIA
An Alleged Incompetent : ORPF~NS' COURT DIVISION
: NO. 21-94-256
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
OPINION AND ORDER OF COURT
OLER, J.
At issue in the present case is whether James
Ruhrig should be adjudicated an incapacitated person and, if so,
whether his brother, Weston Robert Ruhrlg, of Mechanicsburg,
Cumberland County, Pennsylvania, should be appointed temporary
partial guardian of his person. A hearing was held on the
matter on Friday, May 6, 1994, before the undersigned judge; the
allegedly incapacitated person was not present for the hearing
due to his condition. 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 James Ruhrig.
2. Petitioner is Robert L. O'Brien, Esquire, solicitor
for the Cumberland/Perry Mental ~ealth/Mental Retardation
Office.
3. The allegedly incapacitated person, James Ruhrig,
suffers from schizophrenia, autism, and mental retardation; he
is fifty-seven years old and has been institutionalized for at
least the past forty-seven years.
4. As a result of the aforesaid condition, Mr.
Ruhrig's ability to receive and evaluate information and make
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, residential
placement program in Cumberland County.
5. Guardianship services are necessary for Mr. Ruhrlg
notwithstanding the personal assistance and support which he
receives from his immediate family.
6. Based upon the aforesaid condition of Mr. Ruhrig
and his lack of capacity to make and communicate decisions in
the regard mentioned, a temporary and partial ~uardianship 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. Ruhrig's entrance into the HAP, Incorporated, residential
program, if the guardian feels that such measures are in the
interest of his brother.
8. Pursuant to 20 Pa. C.S. Section 5512.1(B), it is
found that Mr. Ruhrig is partially incapacitated and in need of
temporary partial guardianship services of the person.
9. The brother of Mr. Ruhrig 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.
DISCU___~SSION
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 of Court will be entered.
ORDER OF COURT
AND NOW, this 6th day of May, 1994, upon
consideration of the Petition for Appointment of a Temporary
Guardian of the Person Pursuant to Pa. C.S.A. 5513, and
following a hearing held at the Cumberland County Courthouse,
James Ruhrig is adjudicated an incapacitated person, and his
brother, Weston Robert Ruhrig, is appointed temporary partial
~guardian of his person for the purpose of executing a "2176
Waiver" and effecting his brother's admission into the HAP,
Incorporated, residential program. This appointment shall
expire following the accomplishment of those two services. No
bond shall be required of the guardian.
Notice is hereby given to James Ruhrig of his
right to appeal and to petition to modify or terminate the
guardianship.
By the Court,
/s/ J. Wesley Oler, Jr.
ROBERT L. O'BRIEN, ESQUIRE
Solicitor for Cumberland/Perry MH/MR
James Ruhrig
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