HomeMy WebLinkAbout94-809 Orphans' IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF
JACK ALSPAUGH : CUMBERLAND COUNTY, PENNSYLVANIA
An Alleged Incapacitated : ORPHANS, COURT DIVISION
Person : 21-94-809
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 30th of November, 1994, upon
consideration of the Petition for Adjudication of Incapacitated
Person and for Appointment of Plenary Guardian Pursuant to 20
Pa. C.S. 5511, and following a hearing at which the allegedly
incapacitated person was present, Jack Alspaugh is adjudicated
an incapacitated person and Robert Goril, Administrator of the
Mental Health/Mental Retardation Agency for Cumberland and Perry
Counties, is appointed plenary guardian of the person of Jack
Alspaugh. 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. This Order shall
supersede any prior orders of guardianship in this case.
Notice is hereby provided in person to Jack
Alspaugh of his right to appeal and to petition to modify or
terminate the guardianship.
By the Court,
Robert L. O'Brien, Esquire
For the Petitioner
Jack Alspaugh
it
IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF
JACK ALSPAUGH : CUMBERLAND COUNTY, PENNSYLVANIA
An Alleged Incapacitated : ORPHANS' COURT DIVISION
Person : 21-94-809
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
OPINION AND ORDER OF COURT
Oler, J.
At issue in the present case is whether Jack Alspaugh
should be adjudicated an incapacitated person, and if so whether
Petitioner should be appointed plenary guardian of his person.
A hearing was held on the matter on Wednesday, November 30, 1994
before the undersigned judge. The allegedly incapacitated
person was present at 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 Jack
Alspaugh, a domiciliary of Cumberland County, Pennsylvania,
residing at the Cumberland County Nursing Home, 375 Claremont
Road, Carlisle, Pennsylvania.
2. Petitioner is Robert Goril, Administrator of the
Mental Health/Mental Retardation Agency for Cumberland and Perry
Counties.
3. Mr. Alspaugh suffers from an adjustment disorder
as well as mental retardation, which has existed since his birth
on March 15, 1933.
4. The condition of retardation and the adjustment
disorder are such that they impair the capacity of Mr. Alspaugh
to make and communicate deCisions; his capacity to receive and
evaluate information and communicate decisions has been impaired
by those conditions to such a significant extent that he is
totally unable to meet the essential requirements for his
physical health and safety.
5. Guardianship services are necessary for
Mr. Alspaugh.
6. Based upon the aforesaid condition of Mr. Alspaugh
and his lack of capacity to make and communicate decisions, a
plenary guardianship with respect to his person is required.
7. In view of the absence of a favorable prognosis
for change 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) it is
expressly found that Mr. Alspaugh is completely incapacitated
and in need of plenary guardianship services with respect to his
person.
9. Petitioner is a person qualified under Pa. C.S.
Section 5511(f) to serve as plenary guardian of his person.
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. Section 5501, et seq. Petitioner has fully complied
with these provisions, and based on the foregoing Findings of
Fact, the following Order of Court will be entered:
ORDER OF COURT
AND NOW, this 30th of November, 1994, upon
consideration of the Petition for Appointment of Plenary
Guardian Pursuant to 20 Pa. C.S. 5511, and following a hearing
at which the allegedly incapacitated person was present, Jack
Alspaugh is adjudicated an incapacitated person and Robert
Goril, Administrator of the Mental Health/Mental Retardation
Agency for Cumberland and Perry Counties is appointed plenary
guardian of the person of Jack Alspaugh. 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. This Order shall supersede any prior orders of
guardianship in this case.
Notice is hereby provided in person to Jack
Alspaugh of his right to appeal and to petition to modify or
terminate the guardianship.
By the Court,
/s/ J. Wesley Oler, Jr.
J.
ROBERT L. O'BRIEN, Esquire
For the Petitioner
Jack A~spaugh
it