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HomeMy WebLinkAbout21-2007-15 Orphans' INRE: JOHN BRENNEMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 07-0015 ORPHANS' COURT IN RE: EMERGENCY PETITION FOR PLENARY GUARDIANSHIP OF THE PERSON AND ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT OLER, 1., January 10,2007. At issue in the present case IS whether John Brenneman should be adjudicated an incapacitated person on an emergency basis and, if so, whether Richard A. Hess should be appointed emergency plenary guardian of his person and estate. A hearing was held in this matter on January 9,2007. The allegedly incapacitated person was not present for the hearing, his presence having been excused by the court pursuant to medical testimony and with the consent of his court-appointed counsel, Michael O. Palermo, Esq., who was present. 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 John Brenneman, an adult individual and domiciliary of Cumberland County who was born on September 10, 1926; he has been in the Intensive Care Unit of the Carlisle Regional Medical Center, 4 Sprint Drive, Carlisle, Cumberland County, Pennsylvania, since December 28, 2006; immediately prior to his admission to the Carlisle Regional Medical Center, he resided at the Forest Park Health Center, 700 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania; for more than twenty years prior to his residence at the Forest Park Health Center, he resided in his home at 17 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. 2. Petitioner is the aforesaid Carlisle Regional Medical Center. 3. The proposed guardian is Richard A. Hess, an adult individual and next- door neighbor of the allegedly incapacitated person, who resides at 15 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. 4. The allegedly incapacitated person was admitted to the Carlisle Regional Medical Center as a result of a heart event that precipitated a loss of oxygen to the brain and a consequential condition known as anoxic encephalopathy. 5. The allegedly incapacitated person is comatose. 6. The prognosis for a change in the allegedly incapacitated person's condition is unfavorable. 7. In the immediate future, the allegedly incapacitated person will require a tracheotomy. 8. As a consequence of his condition, the allegedly incapacitated person's ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is totally unable to manage his financial resources and totally unable to meet essential requirements for his physical health and safety. 9. The value of the allegedly incapacitated person's estate is approximately $1,500,000.00. 10. Petitioner, the proposed guardian, and the allegedly incapacitated person's personal physician are unaware of the existence of any next-of-kin with respect to the allegedly incapacitated person. 11. The proposed guardian is interested in the welfare of the allegedly incapacitated person, has no interest, financial or otherwise, adverse to him, and is willing to serve in the capacity of guardian of his person and estate. 12. The appointment of an emergency guardian of the allegedly incapacitated person's person and estate is necessary to prevent irreparable harm to his person and estate. 13. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. 2 DISCUSSION Under Pennsylvania law, an emergency guardian of the person and/or estate may be appointed in the case of a person alleged to be incapacitated "when it appears that the person lacks capacity, [the person] is in need of a guardian[,] and a failure to make such appointment will result in irreparable harm to the person or estate of the alleged incapacitated person." Act of June 30, 1972, P.L. 508, 92, as amended, 20 Pa. C.S. 95513. An "incapacitated person" is an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to meet his financial resources or to meet essential requirements for his physical health and safety. Id 95501. Proof in such a case must be by clear and convIllcIllg evidence. Id, 995511(a), 5513. In the present case, Petitioner has demonstrated by clear and convincing evidence that an emergency adjudication of incapacity and appointment of a guardian of the person and estate as specified hereafter are appropriate. For this reason, the following order will be entered: ORDER OF COURT AND NOW, this 10th day of January, 2007, upon consideration of the Emergency Petition for Plenary Guardianship of the Person and Estate filed in the above-captioned matter, following a hearing held on January 9, 2007, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. The ex parte order issued on January 4, 2007, is superseded by this order; 2. John Brenneman is adjudicated an incapacitated person; 3. Richard A. Hess is appointed emergency plenary guardian of the person of John Brenneman and emergency 3 limited guardian of the estate of John Brenneman, with authority to expend funds related, directly or indirectly, to his medical care, treatment and hospitalization, and for his routine expenses, to effect deposits into his accounts, and to otherwise conserve his estate. 4. No bond shall be required of the guardian. 5. The terms of the emergency guardianships created herein shall be limited in accordance with Section 5513 of the Probate, Estates and Fiduciaries Code. To John Brenneman: STATEMENT OF RIGHTS An order has been entered whereby you have been adjudicated a totally incapacitated person and unable to care for yourself and manage your personal and financial affairs. You have the right to file exceptions to the Court's decision within 20 days of the date of the Court's order. If you fail to file exceptions, the order will become final. In the event that you file exceptions and they are denied. You have a right to file an appeal to the Superior Court within 30 days of the date of the denial of the exceptions. In addition, you may petition the Court at any future time to modify or to terminate the plenary guardianship if there is a significant change in your capacity or if your plenary guardian fails to perform his duties in accordance with the Court's order. If you wish to file exceptions to or further appeal the order or to petition the Court to modify or terminate the plenary guardianship, you may be represented by an attorney. If you do not have an attorney you may request that the Court appoint one to represent you. If you cannot afford an attorney, the services of an attorney whom the Court may appoint will be provided at no costs to you. 4 Joseph A. Ricci, Esq. 4423 North Front Street Harrisburg, P A 17110 Attorney for Carlisle Regional Medical Center Michael O. Palermo, Jr., Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for John Brenneman John Brenneman Carlisle Regional Medical Center Intensive Care Unit 45 Sprint Drive Carlisle, P A 17013 BY THE COURT, s/ 1. Wesley Oler, Jr. 1. Wesley Oler, Jr., 1. 5 6 INRE: JOHN BRENNEMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 07-0015 ORPHANS' COURT IN RE: EMERGENCY PETITION FOR PLENARY GUARDIANSHIP OF THE PERSON AND ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 10th day of January, 2007, upon consideration of the Emergency Petition for Plenary Guardianship of the Person and Estate filed in the above-captioned matter, following a hearing held on January 9, 2007, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. The ex parte order issued on January 4, 2007, is superseded by this order; 2. John Brenneman is adjudicated an incapacitated person; 3. Richard A. Hess is appointed emergency plenary guardian of the person of John Brenneman and emergency limited guardian of the estate of John Brenneman, with authority to expend funds related, directly or indirectly, to his medical care, treatment and hospitalization, and for his routine expenses, to effect deposits into his accounts, and to otherwise conserve his estate. 4. No bond shall be required of the guardian. 5. The terms of the emergency guardianships created herein shall be limited in accordance with Section 5513 of the Probate, Estates and Fiduciaries Code. 8 To John Brenneman: STATEMENT OF RIGHTS An order has been entered whereby you have been adjudicated a totally incapacitated person and unable to care for yourself and manage your personal and financial affairs. You have the right to file exceptions to the Court's decision within 20 days of the date of the Court's order. If you fail to file exceptions, the order will become final. In the event that you file exceptions and they are denied. You have a right to file an appeal to the Superior Court within 30 days of the date of the denial of the exceptions. In addition, you may petition the Court at any future time to modify or to terminate the plenary guardianship if there is a significant change in your capacity or if your plenary guardian fails to perform his duties in accordance with the Court's order. If you wish to file exceptions to or further appeal the order or to petition the Court to modify or terminate the plenary guardianship, you may be represented by an attorney. If you do not have an attorney you may request that the Court appoint one to represent you. If you cannot afford an attorney, the services of an attorney whom the Court may appoint will be provided at no costs to you. BY THE COURT, 1. Wesley Oler, Jr., 1. Joseph A. Ricci, Esq. 4423 North Front Street Harrisburg, P A 17110 Attorney for Carlisle Regional Medical Center Michael O. Palermo, Jr., Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for John Brenneman John Brenneman Carlisle Regional Medical Center Intensive Care Unit 45 Sprint Drive Carlisle, P A 17013