HomeMy WebLinkAbout93-346 Orphans'IN RE: ESTATE OF
DANIEL F. CLEMSON, IN THE COURT OF COMMON PLEAS OF
INCOMPETENT CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS, COURT DIVISION
NO. 21-93-346
BEFORE OLER J,
ORDER OF COURT
AND NOW, this 19th day of May, 1993, upon consideration
Of the Petition for Appointment of a Guardian, and followin
hearing held g a
pursuant to due notice at which the allegedly
incapacitated person was present, the said person, Daniel F
Clemson, is adjudicated an incapacitated person, and his
parents, Daniel R. Clemson and Genevieve K.
Clemson, are
appointed plenary guardians of his person and his estate. The
guardians are directed to file reports in accordance with th
provisions of e
20 Pa. C.S. Section 5521(c). � )• No bond shall be
required of the guardians.
Notice is hereby provided to Daniel F. Clemson of his
right to appeal and to
petition to modify or terminate the
guardianship.
John R. Zonarich, Esquire
Counsel for Petitioners
Daniel F. Clemson
:slr
By the Court,
J•► Wesley Ole Jr. .
J J.
11
IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
DANIEL F. CLEMSON, CUMBERLAND COUNTY, PENNSYLVANIA
INCOMPETENT .
ORPHANS' COURT DIVISION
NO. 21-93-346
IN RE: PETITION FOR APPOINTMENT OF A GUARDIAN
BEFORE OLER, J.
OPINION AND ORDER OF COURT
Oler, J.
At issue in the present case is whether Daniel F.
Clemson should be adjudicated an incapacitated person and, if
so, whether Petitioners should be appointed plenary guardians of
his person and his estate. A hearing was held on the matter on
Wednesday, May 19, 1993, 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 Daniel F.
Clemson, 3 domiciliary of Cumberland County, Pennsylvania, born
July 29, 1970, and residing at 604 North Market Street,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Petitioners are Daniel R. Clemson and Genevieve K.
Clemson, residing at 604 North Market Street, Mechanicsburg,
Cumberland County, Pennsylvania.
3. The allegedly incapacitated person suffers from
cerebral palsy and mental retardation, with an IQ of forty-six
and having a mental capacity at the fifth- or sixth -grade level.
This condition impairs his capacity to make and communicate
decisions.
4. With respect to the extent of the allegedly
incapacitated persons's capacity to make and communicate
decisions, such capacity is essentially not existent.
5. Guardianship services are necessary for the
allegedly incapacitated person, notwithstanding the personal
assistance which his mother and father and his siblings provide
to him.
6. Based upon the medical and mental condition of the
allegedly incapacitated person and his lack of capacity to make
and communicate decisions, a plenary guardianship with respect
to his person and his 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 Pa. C.S. Sections 5512.1(c) and
5512.1(e), it is expressly found that the allegedly
incapacitated person is totally incapacitated and in need of
plenary guardianship services.
9. Petitioners are individuals qualified under 20 Pa.
C.S. Section 5512(f) to serve as plenary guardians of the person
and estate of the allegedly incapacitated person.
10. The foregoing findings 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. Petitioners have 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 19th day of May, 1993, upon consideration
of the Petition for Appointment of a Guardian, and following a
hearing held pursuant to due notice at which the allegedly
incapacitated person was present, the said person, Daniel F.
Clemson, is adjudicated an incapacitated person, and his
parents, Daniel R. Clemson and Genevieve R. Clemson, are
appointed plenary guardians of his person and his estate. The
guardians are directed to file reports in accordance with the
provisions of 20 Pa. C. S. Section 5521(c). No bond shall be
required of the guardians.
Notice is hereby provided to Daniel F. Clemson of his right
to appeal and to petition to modify or terminate the
guardianship.
By the Court,
/s/ J. Wesley Oler, Jr.
J.
John R. Zonarich, Esquire
Counsel for Petitioners
Daniel F. Clemson
:slr