HomeMy WebLinkAbout94-492 Orphans' IN RE: : IN THE COURT OF COMMON PLEAS OF
CHARLOTTE D. PHINNEY, : CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated : ORPHANS, COURT DIVISION
person : NO. 21-94-492
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 18th day of July, 1994, upon
consideration of the Petition for Adjudication of Incapacitated
Person and for Appointment of Plenary Guardian of the Estate and
Person of the Alleged Incapacitated Person, Charlotte D.
Phinney, and following a hearing held pursuant to due notice,
Charlotte D. Phinney is adjudicated an incapacitated person, and
her nephew, James V. Liberatore, is appointed plenary guardian
of her person and her estate. The guardian is directed to file
reports in accordance with the provisions of the Probate,
Estates and Fiduciary Code. No bond shall be required of the
guardian.
Notice is hereby provided to Charlotte D. Phinney
of her right to appeal and to petition or modify or terminate
the guardianship.
By the Court,
J~Wesley Ole~Jr., j'.
MARK E. HALBRUNER, ESQUIRE
For the Petitioner
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IN RE: : IN THE COURT OF COMMON PLEAS OF
CHARLOTTE D. PHINNEY, : CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated : ORPHANS' COURT DIVISION
person : NO. 21-94-492
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
OPINION AND ORDER OF COURT
OLER, J.
At issue in the present case is whether Charlotte D.
Phinney should be adjudicated an incapacitated person, and if
so, whether a plenary guardian of her person and her estate
should be appointed. A hearing was held on the matter on
Monday, July 18, 1994, before the undersigned judge. 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 Charlotte D.
Phinney, a domiciliary of Cumberland County, Pennsylvania,
residing at 4 Long View Drive, Mechanicsburg, Pennsylvania. Ms.
Phinney is 80 years old and was divorced from her husband.
2. Petitioner is James V. Liberatore, an adult
individual residing at 222 Post Oak, Baytown, Texas. He is the
nephew of the allegedly incapacitated person, and is an
Episcopalian priest.
3. Ms. Phinney suffers from a moderately severe case
of Alzheimer's disease; this condition has unfortunately
advanced to the point that it impairs her capacity to make and
communicate decisions. Her ability to receive and evaluate
information and communicate decisions is impaired to such a
significant extent that she is totally unable to meet the
essential requirements for her physical health and safety and is
unable to manage her financial affairs.
4. As a result of her condition, Ms. Phinney is
totally unable to manage her financial resources.
5. Guardianship services are necessary for Ms.
Phinney notwithstanding the support that she has received in the
past from her brother-in-law and from her nephew.
6. Based on the aforesaid condition of Ms. Phinney
and her lack of capacity to make and communicate decisions, a
plenary guardianship of her person and of her 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(c), (e), it
is expressly found that Ms. Phinney is totally incapacitated and
in need of plenary guardianship services.
9. Her nephew, the Petitioner, James V. Liberatore,
is an individual qualified under 20 Pa. C.S. Section 5511(f) to
serve as plenary guardian of his aunt's person and estate.
10. The foregoing Findings of Fact 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 fully 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 18th day of July, 1994, upon
consideration of the Petition for Adjudication of Incapacitated
Person and for Appointment of Plenary Guardian of the Estate and
Person of the Alleged Incapacitated Person, Charlotte D.
Phinney, and following a hearing held pursuant to due notice,
Charlotte D. Phinney is adjudicated an incapacitated person, and
her nephew, James V. Liberatore, is appointed plenary guardian
of her person and her estate. The guardian is directed to file
reports in accordance with the provisions of the Probate,
Estates and Fiduciary Code. No bond shall be required of the
guardian.
Notice is hereby provided to Charlotte D. Phinney
of her right to appeal and to petition or modify or terminate
the guardianship.
By the Court,
/s/ J. Wesley Oler, Jr.
J.
MARK E. HALBRUNER, ESQUIRE
For the Petitioner
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