HomeMy WebLinkAbout93-310 Orphans'IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
ELIZABETH N. BRYAN, CUMBERLAND COUNTY, PENNSYLVANIA
An Alleged Incapacitated ORPHANS' COURT DIVISION
Person NO. 21-93-310
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER. J
ORDER OF COURT
AND NOW, this 20f4 day of May, 1993, upon consideration of the Petition for
Guardianship, and following a hearing held pursuant to due notice, Elizabeth N. Bryan
is ADJUDICATED an incapacitated person, and F. Murray Bryan, Esq., is
APPOINTED plenary guardian of her estate. The guardian is DIRECTED to file
reports in accordance with the provisions of 20 Pa. C.S. §5521(c). No bond shall be
required of the guardian. The request that the record be sealed is DENIED.
NOTICE is hereby provided to Elizabeth N. Bryan of her right to appeal and to
petition to modify or terminate the guardianship.
BY THE COURT,
1/11 �2
Wesley Oler, J
Donn L. Snyder, Esq.
315 North Front Street
P.O. Box 741
Harrisburg, PA 17101-0741
Attorney for Petitioner
Mrs. Elizabeth N. Bryan
26 Beach Farm Road
Wormleysburg, PA 17043
rc
IN RE: ESTATE OF
ELIZABETH N. BRYAN,
An Alleged Incapacitated
Person
Oler, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-93-310
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
OPINION AND ORDER OF COURT
At issue in the present case is whether Elizabeth N. Bryan should be adjudicated
an incapacitated person and, if so, whether Petitioner should be appointed plenary
guardian of her estate. A hearing was held on the matter on Tuesday, May 11, 1993,
before the undersigned judge. Based upon the evidence presented at the hearing and
filed of record, the following Findings of Fact, Discussion and Order of Court are made
and entered:
FINDINGS OF FACT
I. The allegedly incapacitated person is Elizabeth N. Bryan, a domiciliary of
Cumberland County, Pennsylvania, born October 11, 1907, residing at 26 Beach Farm
Road, Wormleysburg, Pennsylvania, and a widow.
2. Petitioner is F. Murray Bryan, Esq., the natural son and next of kin of
Elizabeth N. Bryan, residing at 6550 Devonshire Heights Road, Harrisburg, Dauphin
County, Pennsylvania.
3. Mrs. Bryan suffers from Parkinson's Disease, and has a condition producing
the symptoms of Alzheimer's Disease; the latter condition has unfortunately advanced
to the point that it impairs her capacity to make and communicate decisions.
4. With respect to the extent of Mrs. Bryan's capacity to make and
No. 21-93-310
communicate decisions, such capacity appears to be no longer extant.
5. Guardianship services are necessary for Mrs. Bryan, notwithstanding the
personal assistance of her son and professionals employed to help her.
6. Based on the medical condition of Mrs. Bryan and her lack of capacity to
make and communicate decisions, a plenary guardianship with respect to 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. §5512.1(e), it is expressly found that Mrs. Bryan is
totally incapacitated and in need of plenary guardianship services.
9. Petitioner is an individual qualified under 20 Pa. C.S. §5511(f) to serve as
plenary guardian of his mother's estate.
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. 05501 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:
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No. 21-93-310
ORDER OF COURT
AND NOW, this day of May, 1993, upon consideration of the Petition for
Guardianship, and following a hearing held pursuant to due notice, Elizabeth N. Bryan
is ADJUDICATED an incapacitated person, and F. Murray Bryan, Esq., is
APPOINTED plenary guardian of her estate. The guardian is DIRECTED to file
reports in accordance with the provisions of 20 Pa. C.S. §5521(c). No bond shall be
required of the guardian. The request that the record be sealed is DENIED.
NOTICE is hereby provided to Elizabeth N. Bryan of her right to appeal and to
petition to modify or terminate the guardianship.
Donn L. Snyder, Esq.
315 North Front Street
P.O. Box 741
Harrisburg, PA 17101-0741
Attorney for Petitioner
Mrs. Elizabeth N. Bryan
26 Beach Farm Road
Wormleysburg, PA 17043
rc
BY THE COURT,
s/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr. J.
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