Loading...
HomeMy WebLinkAbout94-426 Orphans' IN THE MATTER OF : IN THE COURT OF COMMON PLEAS JOHN THUMMA, : CUMBERLAND COUNTY, PENNSYLVANIA An Alleged Incompetent : ORPHANS, COURT DIVISION : NO. 21-94-426 : 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, John Thumma is adjudicated an incapacitated person, and his mother, Helen Thumma, is appointed temporary partial guardian of his person for the purpose of executing a "2176 Waiver,,, if she deems it in her son's best interest. This appointment shall expire following the accomplishment of that service. No bond shall be required of the guardian. Notice is hereby given to John Thumma of his right to appeal, and to petition to modify or terminate the guardianship. By the Court, ~wesley O~, jl~./~ ~. ROBERT L. O'BRIEN, ESQUIRE Solicitor for Cumberland/Perry MH/MR John Thumma :lt IN THE MATTER OF : IN THE COURT OF COMMON PLEAS JOHN THUMMA, : CUMBERLAND COUNTY, PENNSYLVANIA An Alleged Incompetent : ORPHANS, COURT DIVISION : NO. 21-94-426 : 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 John Thumma should be adjudicated an incapacitated person and, if so, whether his mother, Helen Thumma, of Carlisle, Cumberland County, Pennsylvania, should be appointed temporary partial guardian of his person. A hearing is 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 John Thumma. 2. Petitioner is Helen Thumma, Mr. Thumma,s mother. 3. The allegedly incapacitated person, John Thumma, suffers from mental retardation; he is 27 years old. 4. As a result of the aforesaid condition, Mr. Thumma,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. 5. Guardianship services are necessary for Mr. Thumma, notwithstanding the personal assistance and support which he receives from his immediate family. 6. Based upon the aforesaid condition of Mr. Thumma 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 a "2176 Waiver,,, if the guardian feels that such a measure is in the best interest of her son. 8. Pursuant to 20 Pa. C.S.A. Section 5512.1(b), it is found that Mr. Thumma is partially incapacitated and in need of temporary partial guardianship services of the person. 9. The mother of Mr. Thumma is a person qualified under Pa. C.S.A. Section 5511(f) to serve as such guardian of his person. 10. The foregoing Findings of Fact are made on the of clear and convincing evidence. DISCUSSION The provisions respecting adjudication of incompetency are amended and are contained in 20 Pa. C.S.A. Section 5501 et~. Petitioner has complied with these provisions, and, based upon the foregoing Findings of Fact, the following Order of Court will be entered: 9RDER 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, John Thumma is adjudicated an incapacitated person, and his mother, Helen Thumma, is appointed temporary partial guardian of his person for the purpose of executing a "2176 Waiver,,, if she deems it in her son's best interest. This appointment shall expire following the accomplishment of that service. No bond shall be required of the guardian. Notice is hereby given to John Thumma of his 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 Cumberland/Perry MH/MR John Thumma :lt