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HomeMy WebLinkAbout21-2011-1254 IN RE: JUSTIN FISHER, : IN THE COURT OF COMMON PLEAS OF AN ALLEGED : CUMBERLAND COUNTY, PENNSYLVANIA INCAPACITATED PERSON : : : 21-11-1254 ORPHANS’ COURT IN RE: OPINION AND ORDER OF COURT Masland, J., December 7, 2012:-- Before the court is the Petition of the Cumberland/Perry Mental Health/Individuals with Developmental Disabilities Office requesting that the court extend the appointment of Laurie Foose as guardian of the person and property for Justin Fisher. After a hearing on November 30, 2012, we issue the following order: Findings of Fact 1. On December 29, 2011, this court found, inter alia, the following: a) Justin Fisher was totally incapacitated and in need of the appointment of a plenary guardian of both his person and estate. b) Joseph Fisher, Justin’s Father was unable to provide Justin with the necessary care and support. c) It was in Justin’s best interest to reside outside of the family home in a group home setting. 2. Since the appointment of Laurie Foose as guardian on December 29, 2011, Justin’s physical, educational and social circumstances have improved exponentially, but he remains totally incapacitated. 21-11-1254 ORPHANS’ COURT 3. Although Joseph Fisher is willing to serve as guardian for his son, he has not demonstrated the ability to do so and, continues to impress the court as being overwhelmed with the circumstances related to his two other children. 4. Laurie Foose has proven that her actions on behalf of Justin are overwhelmingly in his best interest. 5. Altering Justin’s current circumstances and permitting him to return to his Father’s house would be contrary to Justin’s best interest and could create a risk to Justin’s health and welfare. 6. In spite of Father’s shortcomings, it is in Justin’s best interest that he maintain an ongoing relationship with his Father and Brothers, which should be supported by the guardian. As a consequence of the foregoing findings and pursuant to the terms of visitation agreed upon by the parties, we enter the following order: ORDER OF COURT th AND NOW, this 7 day of December, 2012, based on the Petition to Extend the Guardianship of Laurie Foose and following a hearing, the court finds that Justin Fisher remains a totally incapacitated person and that it is in his best interest that the appointment of Laurie Foose as guardian of his property and person be made permanent, or until such time as Joseph Fisher (Father) demonstrates an ability to provide the level of care that Justin requires. The requirement of bond is waived. -2- 21-11-1254 ORPHANS’ COURT Pursuant to an agreement of the parties, Father shall enjoy the following rights of visitation: 1. Justin’s brothers may visit with Justin any time Father has a visit with Justin, but they must be supervised. Father may be the supervisor of visits involving Justin with his brothers unless there is evidence that Justin’s brothers compromise Justin’s safety, which would then necessitate that the visits with his brothers be supervised by a third party until such time that the Guardian again feels it is appropriate to resume the visits supervised solely by Father. 2. Father shall have visits with Justin every Saturday from 10:00 A.M. until 4:00 P.M. The Guardian shall arrange transportation for the weekend visits. 3. Father shall have a minimum of one visit per week with Justin on a weekday. Father may have more than one visit per week on the weekdays if they fit into Justin’s schedule. Father will call the Guardian in advance to make arrangements for the weekday visits. Father will be responsible to provide transportation for the weekday visits, and the visits do not need to be confined to Justin’s home. 4. Father shall have visitation during the holidays. At a minimum, the holidays will include Christmas, Thanksgiving, and Father’s Day. Father and the Guardian will make arrangements for the holidays at least two weeks in advance of each holiday. 5. Father has requested to have a weekend overnight period (Friday to Sunday) with Justin during the summer in order to go to the shore. The Guardian will consider this request based upon how well visits continue to go, and she will not unreasonably refuse the request. Father has agreed that Justin’s brothers will not attend the trip to the shore unless approved by the Guardian. 6. For any future reports received by the Guardian, the Guardian will provide to Father all of Justin’s medical, dental, and education-related reports as soon as reasonably possible after she receives them. 7. The Guardian will notify Father of any medical, dental, and education- related appointments made for Justin as soon as it is reasonably possible for her to notify him. -3- 21-11-1254 ORPHANS’ COURT 8. Father will be sensitive to Justin’s schedule, and where Justin’s schedule may interfere with Father’s visit, Father and Guardian shall make alternate arrangements for Father’s time. 9. Other arrangements for visitations or expansion of visitation time may be made without further court order as Father and the Guardian may agree. By the Court, Albert H. Masland, J. Robert L. O’Brien, Esquire Sean Shultz, Esquire John J. Mangan, Esquire :sal -4-