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HomeMy WebLinkAbout94-424 Orphans' IN THE MATTER OF : IN THE COURT OF COMMON PLEAS JENNIFER BETHEL, : CUMBERLAND COUNTY, PENNSYLVANIA An Alleged Incompetent : ORPHANS' COURT DIVISION : NO. 21-94-424 : INCAPACITATED PERSON IN RE: PETITION FOR GUARDIANSHIP BEFORE OLER, J. ORDER OF COURT AND NOW, this 26th day of May, 1994, upon consideration of the Petition for Appointment of a Temporary Guardian of the Person, and following a hearing held at the Cumberland County Courthouse, at which the allegedly incapacitated person was present, Jennifer Bethel is adjudicated an incapacitated person, and her mother, Lee Bethel, is appointed temporary partial guardian of her person for the purpose of executing a "2176 Waiver,', effecting Ms. Bethel's admission into a day-care program, and effecting Ms. Bethel,s admission into a more permanent residential placement program, if the guardian believes that such acts are in the best interest of her daughter. This appointment shall expire following the accomplishment of those services. No bond shall be required of the guardian. Notice is hereby given to Jennifer Bethel of her right to appeal and to petition to modify or terminate the guardianship. By the Court, %~. ~eslef bl~,- j~.~'~j. ROBERT L. O'BRIEN, ESQUIRE Solicitor for the Cumberland/Perry MH/MR Jennifer Bethel :lt IN THE MATTER OF : IN THE COURT OF COMMON PLEAS JENNIFER BETHEL, : CUMBERLAND COUNTY, PENNSYLVANIA An Alleged Incompetent : ORPHANS' COURT DIVISION : NO. 21-94-424 : INCAPACITATED PERSON IN RE: PETITION FOR GUARDIANSHIP BEFORE OLER, J. OPINION and ORDER OF COURT Oler, J. At issue in the present case is whether Jennifer Bethel should be adjudicated an incapacitated person and, if so, whether her mother, Lee Bethel of Carlisle, Cumberland County Pennsylvania, should be appointed temporary partial guardian of her person. A hearing was held on the matter on Thursday, May 26, 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 Jennifer Bethel. 2. Petitioner is Robert L. O'Brien, Esquire, solicitor for the Cumberland/Perry Mental Health/Mental Retardation Office. 3. The allegedly incapacitated person, Jennifer Bethel, suffers from mental retardation and cerebral palsy; she is 21 years old and has had these conditions since birth. 4. As a result of the aforesaid conditions, Ms. Bethel's ability to receive and evaluate information and make and communicate decisions has been impaired to such a significant extent that she is unable to meet essential requirements for her physical health and safety in the form of deciding whether to execute a "2176 Waiver" for purposes of federal funding, and entering a day-care or more permanent residential placement program in Cumberland County or elsewhere. 5. Guardianship services are necessary for Ms. Bethel notwithstanding the personal assistance and support which the Court is well aware she receives from her immediate family. 6. Based upon the aforesaid condition of Ms. Bethel and her lack of capacity to make and communicate decisions in the regard mentioned, a temporary and partial guardianship with respect to her person is required. 7. The duration of this guardianship will be until the guardian has executed the necessary "2176 Waiver" and secured Ms. Bethel's entrance into a day-care program and into a more permanent residential placement program, if the guardian feels that such measures are in the best interest of her daughter. 8. Pursuant to 20 Pa. C.S.A. Section 5512.1(b), it is found that Ms. Bethel is partially incapacitated and in need of temporary partial guardian services of her person. 9. The mother of Ms. Bethel is a person qualified under 20 Pa. C.S.A. Section 5511(f) to serve as such guardian of her 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.A. 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 26th day of May, 1994, upon consideration of the Petition for Appointment of a Temporary Guardian of the Person, and following a hearing held at the Cumberland County Courthouse, at which the allegedly incapacitated person was present, Jennifer Bethel is adjudicated an incapacitated person, and her mother, Lee Bethel, is appointed temporary partial guardian of her person for the purpose of executing a "2176 Waiver,', effecting Ms. Bethel's admission into a day-care program, and effecting Ms. Bethel's admission into a more permanent residential placement program, if the guardian believes that such acts are in the best interest of her daughter. This appointment shall expire following the accomplishment of those services. No bond shall be required of the guardian. Notice is hereby given to Jennifer Bethel of her right to appeal and to petition to modify or terminate the guardianship. By the Court, Is/ J. Wesley Oler, Jr. J. ROBERT L. O'BRIEN, ESQUIRE Solicitor for the Cumberland/Perry MH/MR Jennifer Bethel :lt