HomeMy WebLinkAbout93-0688 Orphans' (2)IN THE MATTER OF THE PERSON s
AND ESTATE OF IN THE COURT OF COMMON PLEAS OF
EDWARD E. MORRIS, C�ERLAND COUNTY, PENNSYLVANIA
AN ALLEGED INCAPACITATED
PERSON
NO. 688 ORPHANS. COURT 1993
IN RE: PETITION FOR GU
ARDIANSHIP
BEFORE OLER JR.
ORDER OF COURT
AND NOW, this 22nd da
consideration of the Petition for Guar of November, 1993
Upon
rd
aianship, and following a
hearing held at the Defendant's ' residence at the Cumberland
County Nursing Home, Edward E. Morris is adjudicated an
incapacitated person, and the Office of Aging, g g. County of
Cumberland, is appointed plenary guardian of his
guardian is directed to file Person. The
reports in accordance with the
Provisions of 20 Pa. C.S. Section 5521(c). No bon
required of the d shall be
guardian. This Order shall supersede the
earlier Order of Temporary Guardianship.
Notice is hereby provided in person to Edward E.
Morris of his right to appeal and to petition to modify or
terminate the guardianship. It is noted that Carol J. Lindsay,
Esquire, has appeared at
this hearing on behalf of the allegedly
incapacitated person by appointment of court.
By the Court,
t� c'�/' Z.
J Wesley Ol Jr., .
Anthony L. DeLuca, Esquire
Counsel for Petitioner
Carol J. Lindsay, Esquire
Court-appointed for the Respondent
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IN THE MATTER OF THE PERSON IN THE COURT OF COMMON PLEAS OF
AND ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWARD E. MORRIS,
AN ALLEGED INCAPACITATED
PERSON NO. 688 ORPHANS' COURT 1993
IN RE: PETITION FOR GUARDIANSHIP
Oler, J.
BEFORE OLER, JR.
OPINION AND ORDER OF COURT
At issue in the present case is whether Edward E.
Morris 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 Monday, November
22, 1993, before the undersigned judge at the Cumberland County
Nursing Home where Mr. Morris is a resident. 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 Edward E.
Morris, a domiciliary of Cumberland County, Pennsylvania,
residing at the Cumberland County Nursing Home, 375 Claremont
Road,. Carlisle, Cumberland County, Pennsylvania.
2. Petitioner is the Office of Aging, County of
Cumberland, having its office at Room 111, East Wing, Cumberland
County Courthouse, One Courthouse Square, Carlisle, Cumberland
County, Pennsylvania.
3. Mr. Morris suffers from alcohol -induced dementia
rectal carcinoma, depression and erosive esophagitis.
4. The condition of alcohol -induced dementia has
unfortunately advanced to the point that it impairs his capacity
to make and communicate decisions; Mr. Morris, ability to
receive and evaluate information and communicate decisions has
been impaired by that condition to such a significant extent
that he is totally unable to meet essential requirements for his
physical health and safety.
5. Guardianship services are necessary for Mr.
Morris, notwithstanding the personal assistance which is
afforded to him by the nursing home.
6. Based on the medical condition of Mr. Morris 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 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. Morris is totally incapacitated and in
need of plenary guardianship services.
9. Petitioner is an entity qualified under 20 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. Sections 5501 et sea. 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 22nd day of November, 1993, upon
consideration of the Petition for Guardianship, and following a
hearing held at the Defendant's residence at the Cumberland
County Nursing Home, Edward E. Morris is adjudicated an
incapacitated person, and the Office of Aging, County of
Cumberland, is appointed plenary guardian of his person. 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 the
earlier Order of Temporary Guardianship.
Notice is hereby provided in person to Edward E.
Morris of his right to appeal and to petition to modify or
terminate the guardianship. It is noted that Carol J. Lindsay,
Esquire, has appeared at this hearing on behalf of the allegedly
incapacitated by appointment of the Court.
By the Court,
/s/ J. Wesley Oler, Jr.
J.
Anthony L. DeLuca, Esquire
Counsel for the Petitioner
Carol J. Lindsay, Esquire
Counsel for the Respondent
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