HomeMy WebLinkAbout93-0863 Orphans'IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS OF
PERSON AND ESTATE OF: CUMBERLAND COUNTY, PENNSYLVANIA
ROSELLA C. CONLEY, ORPHANS' COURT DIVISION
An Alleged Incapacitated
Person 863 ORPHANS' COURT 1993
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 3rd day of December, 1993, upon
consideration of the Petition for Appointment of Guardianship,
and following a hearing held at the Cumberland County Courthouse
with the allegedly incapacitated person present, the Petition is
granted, and Linda Rehm of Mechanicsburg, Cumberland County,
Pennsylvania, is appointed plenary guardian of the person of
Rosella C. Conley. 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 Order entered at No. 3458 CIVIL 1992 on September
16, 1993, under the Older Adults Protective Services Act.
Notice is hereby provided in person to Rosella C.
Conley of her right to appeal and to petition to modify or
terminate the guardianship. It is noted that Daniel J. Sodus,
Esquire, has appeared at this hearing on behalf of the alleged)
incapacitated person by appointment of Court.
By the Court,
qv Wesley 1oar, Jr., J.
ANTHONY DeLUCA, ESQUIRE
For the Office of Aging
DANIEL SODUS, ESQUIRE
For Rosella C. Conley
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IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS OF
PERSON AND ESTATE OF: CUMBERLAND COUNTY, PENNSYLVANIA
ROSELLA C. CONLEY, ORPHANS' COURT DIVISION
An Alleged Incapacitated
Person 863 ORPHANS' COURT 1993
IN RE: PETITION FOR GUARDIANSHIP
Oler, J.
BEFORE OLER, J.
OPINION AND ORDER OF COURT
At issue in the present case is whether Rosella
C. Conley should be adjudicated an incapacitated person and, if
so, whether Petitioner's designee, Linda Rehm, should be
appointed plenary guardian of her person. A hearing was held on
the matter on Friday, December 3, 1993, before the undersigned
judge, at which time Ms. Conley appeared and was represented by
her Court -Appointed Counsel, Daniel J. Sodus, Esquire. 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 Rosella
C. Conley, a domiciliary of Cumberland County, Pennsylvania,
residing at Cumberland Crossings Nursing Home, 1 Longsdorf Way,
Carlisle, Cumberland County, Pennsylvania.
2. Petitioner is the Office of Aging, County of
Cumberland.
3. Ms. Conley suffers from an organic mental
disorder, secondary to stroke disease, as well as certain
physical ailments.
4. The condition of organic mental disorder is
unfortunately at the point that it impairs her capacity to make
and communicate decisions; Ms. Conley's ability to receive and
evaluate information and communicate decisions has been impaired
by this condition to such a significant extent that she is
totally unable to meet essential requirements for her physical
health and safety.
5. Guardianship services are necessary for Ms.
Conley, notwithstanding the personal assistance which is
afforded to her by the nursing home.
6. Based on the medical condition of Ms. Conley
and her lack of capacity to make and communicate decisions, a
plenary guardianship with respect to her 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 Ms. Conley is totally incapacitated and
in need of plenary guardianship services.
9. Petitioner's designee, Ms. Rehm, is qualified
under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian
of her person.
10. Ms. Conley has indicated in court her assent
to the appointment of Ms. Rehm as guardian of her person.
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. 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 3rd day of December, 1993, upon
consideration of the Petition for Appointment of Guardianship,
and following a hearing held at the Cumberland County Courthouse
with the allegedly incapacitated person present, the Petition is
granted, and Linda Rehm of Mechanicsburg, Cumberland County,
Pennsylvania, is appointed plenary guardian of the person of
Rosella C. Conley. 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 Order entered at No. 3458 CIVIL 1992 on September
16, 1993, under the Older Adults Protective Services Act.
Notice is hereby provided in person to Rosella C.
Conley of her right to appeal and to petition to modify or
terminate the guardianship. It is noted that Daniel J. Sodus,
Esquire, has appeared at this hearing on behalf of the allegedly
incapacitated person by appointment of Court.
By the Court,
Js/ J. Wesley Oler, Jr.
J.
ANTHONY DeLUCA, ESQUIRE
For the Office of Aging
DANIEL SODUS, ESQUIRE
For Rosella C. Conley
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