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HomeMy WebLinkAbout94-0704 Orphans' IN RE: : IN THE COURT OF COMMON PLEAs OF ESTATE OF · · CUMBERLAND COUNTy, PENNSYLVANIA DOROTHY L. SEILER : ORPHANs, COURT DIVISION : 94-704 ORPHANs, COURT /N RE: PETITION FOR GUARDIANSHIP BEFORE OLER j. ORDER OF COURT AND NOW, this 21st day of September, 1994, Upon Consideration of the Petition Pursuant to Section 5511 of the Probate, Estates and Fiduciary Code To Adjudicate Dorothy L. Seller To Be Incapacitated and To Appoint a Guardian for Her Person and Her Estate, and following a hearing held at the allegedly incapacitated person,s residence, the Cumberland County Nursing Home, Dorothy L. Seller is adjudicated an incapacitated person, and her son, Kenneth Seller, Jr., is appointed plenary guardian of her person and her estate. The guardian is directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521(c). No bond shall be required of the guardian. Notice is hereby provided in person to Dorothy L. Seiler of her right to appeal and to petition to modify or terminate the guardianship. The guardian is authorized to pay attorneys, fees in connection with this proceeding from the assets of the incapacitated person. By the Court, J ~ 0~sley Ol~Jr. ~ ~ RALPH H. WRIGHT, JR., ESQUIRE For the Petitioner DOROTHY L. SEILER 357 Claremont Road Carlisle, PA 17013 wcy IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF : ORPHANS' COURT DIVISION DOROTHY L. SEILER : 94-704 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 Dorothy L. Seiler should be adjudicated an incapacitated person and, if so, whether Petitioner should be appointed plenary guardian of her person and her estate. A hearing was held on the matter on Wednesday, September 21, 1994, before the undersigned judge at the Cumberland County Nursing Home where Ms. Seiler is a resident. Present at the hearing was the allegedly incapacitated person, her brother, Jack L. Lesher, the Petitioner, Kenneth Seiler, Jr., the Petitioner's counsel, Ralph H. Wright, Jr., Esquire, and several witnesses. 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 Dorothy L. Seiler, a domiciliary of Cumberland County, Pennsylvania, residing at the Cumberland County Nursing Home, 357 Claremont Road, Carlisle, Cumberland County, Pennsylvania; Ms. Seiler is presently 72 years old, having been born on July 9, 1922. 2. Petitioner is Kenneth Seiler, Jr., the allegedly incapacitated person's son, who resides at 435 Chestnut Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. Ms. Seiler suffers from progressive senile dementia, with partial paralysis, following a stroke which occurred around July of 1992; as a result of the stroke, in addition to being partially paralyzed, Ms. Seiler remains unable to speak. Ms. Seiler also suffers from hypertension. 4. The condition of senile dementia is a progressive one in Ms. Seiler's case and has unfortunately advanced to the point that it impairs, along with her physical condition, her capacity to make and communicate decisions. Specifically, her ability to receive and evaluate information effectively and communicate decisions in any way has been impaired to such a significant extent that she is totally unable to manage her financial resources or to meet the essential requirements for her physical health and safety. 5. Guardianship services are necessary for Ms. Seiler notwithstanding the support of her brother and son and the care which is afforded to her at the nursing home. 6. Based on the medical condition of Ms. Seiler and her lack of capacity to make and communicate decisions, a plenary guardianship with respect to her person is required. 7. Based on the medical condition of Ms. Seiler and her lack of capacity to make and communicate decisions, a plenary guardianship with respect to her estate is also required. 8. 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. 9. Pursuant to 20 Pa. C.S. Sections 5512.1(c) and 5512.1(e), it is expressly found that Ms. Seiler is totally incapacitated and in need of plenary guardianship services. 10.. Petitioner is a person qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of her person and her estate 11. 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 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 21st day of September, 1994, upon consideration of the Petition Pursuant to Section 5511 of the Probate, Estates and Fiduciaries Code To Adjudicate Dorothy L. Seiler To Be Incapacitated and To Appoint a Guardian for Her Person and Her Estate, and following a hearing held at the allegedly incapacitated person's residence, the Cumberland County Nursing Home, Dorothy L. Seiler is adjudicated an incapacitated person, and her son, Kenneth Seiler, Jr., is appointed plenary guardian of her person and her estate. The guardian is directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521(c). No bond shall be required of the guardian. Notice is hereby provided in person to Dorothy L. Seiler of her right to appeal and to petition to modify or terminate the guardianship. The guardian is authorized to pay attorneys' fees in connection with this proceeding from the assets of the incapacitated person. By the Court, /s/ J. Wesley Oler, Jr. J. RALPH H. WRIGHT, JR., ESQUIRE For the Petitioner DOROTHY L. SEILER 357 Claremont Road Carlisle, PA 17013 wcy