Alle. Cnty. Pa. XIV app F
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: | ) |
) | |
) No. of | |
*6_________________________ | ) |
an alleged incapacitated person. |
ORDER OF COURT DETERMINING INCAPACITY AND APPOINTING
EMERGENCY PLENARY GUARDIAN OF PERSON AND/OR ESTATE
AND NOW, this _____ day of _________ , _____________ , a hearing in this case having
been held on * ____________________ , and it appearing to the Court that
* _____________________ was served with a Citation and Notice of this hearing on * ------------------------- , and was present at the hearing (or) the Court finds that the physical or mental condition of * ____________________ would be harmed by *his/her presence at the hearing, and further finds from the testimony:
1. That * ___________________ suffers from * _____________________________ , a condition or disability which totally impairs *his/her capacity to receive and evaluate information effectively and to make and communicate decisions concerning *his/her management of financial affairs or to meet essential requirements for *his/her physical health and safety.
2. That there are insufficient supports available to assist * _____________________ in overcoming such limitation and that there exists no less restrictive alternative mechanism for decision making than the appointment of a Emergency Plenary Guardian.
____________________
6 Sections marked by asterisk (*) must be completed by counsel before Court presentation.
3. That based on the total incapacity of * ______________ to receive and evaluate information effectively and to make or communicate decisions, a Plenary Guardian of the Person and a Plenary Guardian of the Estate are required on a Emergency basis.
NOW THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that * _________________ be and hereby is adjudged a totally incapacitated person.
_______________________ is appointed Emergency Plenary Guardian of the Person of and ________________ is appointed Emergency Plenary Guardian of the Estate of * _____________.
The Emergency Plenary Guardian of the Person shall have authority to consent to the general care, maintenance and custody of * _____________________ without exception.
The Emergency Plenary Guardian of the Person shall assure that * ________________ receives appropriate services and shall assist *him/her in developing self-reliance and independence.
The Emergency Plenary Guardian of the Estate shall have the authority to marshal all of * _______ 's income and assets, pay *his/her bills and manage his/her financial affairs as fully as * __________ could do so *himself/herself if *he/she had not been adjudged incapacitated.
If there is a safe deposit box in the name of the incapacitated person alone or in the names of the incapacitated person and another or others, said safe deposit box shall not be entered by the Guardian except in the presence of a representative of the financial institution where the box is located or in the presence of a representative of the Orphans' Court Division. The representative present at the time of entry shall make or cause to be made a record of the incapacitated person's property, and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed.
If the safe deposit box is jointly owned, five (5) days notice of the proposed entry shall be given to the other owners by the Guardian.
The appointment of the Emergency Plenary Guardian of the Person and Estate shall remain in effect until further Order of Court.
NO BOND REQUIRED ON EMERGENCY PLENARY GUARDIAN APPOINTMENT.
The testimony from this hearing on the emergency adjudication of incapacity and guardianship herein established shall be preserved and perpetuated for the hearing on the permanent adjudication of incapacity and guardianship.
* _________________ , an incapacitated person, has the right to appeal this Order of Court by filing exceptions with the Clerk of the Orphans' Court Division within ten (10) days of the date of this Order or to petition this Court for a hearing to review or terminate the adjudication of incapacity and guardianship herein established.
If * _____________________ was not present at the hearing on the adjudication of *his/her incapacity and the appointment of a guardian then Petitioner shall serve upon and read to * _______________ the Statement of Rights attached to this Order of Court and marked as Exhibit A. Proof of service of the Statement or Rights shall be filed by the Guardian with the Clerk of the Orphans' Court within ten (10) days of the date of this Order.
BY THE COURT:
____________________________ J.
Alle. Cnty. Pa. XIV app F