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8.5
Petition for Allowance from Incapacitated Person's Estate to Pay for the Maintenance of the Incapacitated Person in Accordance with 20 Pa. C.S.A. ?536(a) and to Pay Counsel Fees

 
 
 
 

[SEE CAPTION AT 1.3.1]

 
 

DECREE

 
 

Now,___________________, 20____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that Henry Doe, Plenary Guardian of the Estate of Jane R. Dunn, an Incapacitated Person is authorized to spend the principal of said incapacitated person's estate to the extent of $28,000 annually for a period of three years, said sum to be used for the care and comfortable maintenance of the said incapacitated person.

 

It is further ORDERED and DECREED that Henry Doe, Plenary Guardian of the Estate of Jane R. Dunn, is authorized to pay from the principal of said incapacitated person's estate the sum of $2,500 to John Smith, Esquire, as payment of counsel fee for his legal services to the incapacitated person and her guardian.

 
 
 
   
 
J.
 
 
 

 
 
 

[SEE CAPTION AT 1.3.2]

 
 

PETITION

 
 

The Petition of Henry Doe, Plenary Guardian of the Estate of Jane R. Dunn, an Incapacitated Person, respectfully states that:

 
1.
  By Decree of the Honorable John Jones dated September 1, 2000, Jane R. Dunn was adjudged an incapacitated person, and the Court appointed guardians of her person and estate; Petitioner was appointed Plenary Guardian of the Estate of Jane R. Dunn, an Incapacitated Person.
 
2.
  Jane R. Dunn ("the incapacitated person") resides at ABC Nursing Home, Philadelphia, Pennsylvania.
   
3.
  On September 15, 2000, Petitioner filed a report of the incapacitated person's estate in accordance with the provisions of 20 Pa. C.S.A. ?521(1)(i), which reflected principal assets in the amount of $360,000.
   
4.
  The total annual income which Petitioner estimates he will receive on behalf of the incapacitated person, including Social Security payments, is $20,000.
   
5.
  It is estimated that the care and comfortable maintenance of the incapacitated person will require annual expenditures of at least $48,000.
   
6.
  Therefore, the annual income of $20,000 now available from all sources is insufficient to maintain the incapacitated person and an annual principal invasion of $28,000 will be necessary.
   
7.
  Petitioner has also received a bill in the amount of $2,500 from John Smith, Esquire, for services rendered to the incapacitated person and for representing Petitioner in the incapacity proceedings, which bill Petitioner wishes to pay from principal. A copy of Mr. Smith's statement is attached hereto as Exhibit "B."
   
8.

Petitioner is aware of the following services performed by John Smith, Esquire, which were beneficial to the incapacitated person:

     

  a.

Investigation as to family and financial status, including calls to area banks.

         

  b.

Conferring by telephone with the incapacitated person's physicians to confirm her need for a guardian.

         

  c.

Arranging the appointment of an emergency guardian so that immediate medical care could be rendered to the incapacitated person.

         

  d.

Arranging the opening of the incapacitated person's safe-deposit box and the delivery of the contents to Petitioner.

         
      e. Appearing at the hearing at which Petitioner was appointed plenary guardian of the incapacitated person's estate and Petitioner's sister was appointed guardian of the person.
         
      f. Assisting in the location of a savings account belonging to the incapacitated person.
     
9.
 

The following persons, who have received notice of the presentation of this Petition, a copy of which is attached hereto as Exhibit "B," are all of the incapacitated person's living next of kin:

     
      Joan Smith
1200 Locust Way
Philadelphia, PA 19103
     
      Henry Doe
P.O. Box 1234
Boston, MA 12345
 

Wherefore, Petitioner respectfully requests that this Court authorize Henry Doe, as Plenary Guardian of the Estate of Jane Dunn, to spend principal to the extent of $28,000 annually for a period of three years for the care and the comfortable maintenance of said incapacitated person; and he further requests that this Court authorize payment of $2,500 from the principal of the incapacitated person's estate to John Smith, Esquire, for legal services he rendered as aforesaid.

 
 
 
 
 

Respectfully submitted,

   
   
   
 
 

Henry Doe

  Petitioner
 
 

[SEE AFFIDAVIT AT 1.4.1] OR [VERIFICATION AT 1.4.3]

 
 
 

 
8.1 | 8.2 | 8.3 | 8.4 | 8.5 | 8.6 | 8.7 | 8.8