VIRGINIA:
IN THE CIRCUIT COURT OF LOUDOUN COUNTY,
) IN RE: PETER PARKER, ) CL 111111 Respondent. )
ORDER FOR THE APPOINTMENT OF A GUARDIAN AND CONSERVATOR
This matter came before the Court on the 16th day of November 2017 on the
Petition of Linda Prince (“Petitioner”) for the appointment of a Guardian and Conservator for the person and property of Peter Parker (“Mr. Parker”), a person alleged to be under a disability, and all other pleadings filed in this cause;
IT APPEARING TO THE COURT that the following persons were present in
Court: Petitioner, Linda Prince; Ms. Prince’s counsel, Valerie B. Geiger, Esq., and counsel for Mr. Parker’s children, Pepper Potts and Clark Kent, Lois Lane, Esq.
Respondent, Peter Parker, was excused from appearing in Court, as he declined to appear.
Also present was Cary Z. Cucinelli, Esq., a discreet and competent attorney-at-law appointed by this Court to serve as Guardian ad litem for Peter Parker and who made a report pursuant to the Code of Virginia §64.2-2003; and
Upon proper notice to Respondent and others, as required by statute; upon the pleadings and exhibits filed, including the Evaluation Report by Valerie B. Rhodes, DO, a licensed professional skilled in the assessment of individuals with Dementia and the second Evaluation Report by Steve Simmons, M.D., a licensed professional skilled in the assessment of individuals with Dementia; and upon the evidence heard in open Court, the
Court makes the following findings by clear and convincing evidence: 1. Respondent is eighty-six (86) years old and his date of birth is October 28,
1931.
2. Mr. Parker resides at 4084 University Drive, Fairfax, Virginia 22030. Mr.
Parker is a resident of Loudoun County, Virginia.
3. Mr. Parker was properly served with copies of the Notice of Hearing,
Petition for the Appointment of a Guardian and Conservator, Evaluation,
and Order Appointing the Guardian ad Litem. Copies of the Notice of
Hearing and Petition for Appointment of a Guardian and Conservator were
timely mailed to Mr. Parker’s closest relatives. A Statement of Compliance
has been filed pursuant to Va. Code §64.2-2004(E).
4. Mr. Parker is diagnosed with Dementia. The permanent and progressive
nature of Mr. Parker’s impairment is supported by two Evaluations filed in
this matter.
5. Mr. Parker has assets and income that require management by a
Conservator.
6. Mr. Parker is incapable of receiving and evaluating information effectively
nor is he able to respond to people and events such that he lacks the capacity
to meet his essential requirements for his health, care, safety and therapeutic
needs without the assistance and protection of a Guardian.
7. Mr. Parker lacks the capacity to manage property, conduct his financial
affairs, and provide for his support without the assistance and protection of a
Conservator.
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8. Mr. Parker has not executed a Durable Power of Attorney or an Advance
Medical Directive.
9. Linda Prince is willing and able to serve as full and permanent Guardian and
Conservator for Respondent.
AND IT FURTHER APPEARING that the parties, as evidenced by their respective signatures or the signatures of their counsel hereto, agree that Linda Prince be appointed
Guardian of the person and Conservator of the property of Peter Parker; it is hereby
ORDERED that Peter Parker is declared to be an incapacitated person as defined by Va. Code Ann. §64.2-2000 et seq.; and it is further
ORDERED that Linda Prince is hereby appointed as full and permanent Guardian for Peter Parker with all powers, liabilities and duties as set forth in §64.2-2019 and
§64.2-2020 of the Code of Virginia, as amended; and it is further
ORDERED that the Guardian shall permit reasonable visitation of Peter Parker by his children, Pepper Potts and Clark Kent, and other family members; and it is further
ORDERED that Linda Prince is designated as “personal representative” of Peter
Parker as the term may apply to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and as defined under 45 Code of Federal Regulations Parts 160 and
164, and specifically under 45 C.F.R. 164.502(g) and Linda Prince may act on behalf of
Peter Parker, so as to be “treated as the individual” and are hereby designated the
“personal representative” of Peter Parker for purposes of disclosure, receipt, and inspection of any medical records, health information, and Protected Health Information
(PHI); and it is further
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ORDERED that the Guardian shall have the power, but not the duty, to direct and provide for the interment, cremation or other disposition of the mortal remains of Peter
Parker; and it is further
ORDERED that the Guardian shall (i) to the extent feasible, and consistent with his best interests, encourage Peter Parker to participate in decisions, to act on his own behalf, and to develop or regain the capacity to manage his own affairs, and (ii) take into consideration the expressed desires and personal values of Peter Parker; and it is further
ORDERED, that the Guardian is granted the power and sole discretion to exercise complete custody and control over the person of Peter Parker, but only as necessary or helpful to provide for his admission or retention, even if contrary to his expressed wishes, to any nursing facility, convalescent home, continuing care retirement community, adult care residence, private home, or any other residential or therapeutic placement in the
Commonwealth of Virginia or in any other jurisdiction and the exercise of said power and discretion should be done only after consultation with Peter Parker or his representative; and it is further
ORDERED, that the Guardian shall have the power to consent, withhold consent, or terminate consent to any medical procedures affecting Peter Parker, even if contrary to his expressed wishes, and such power shall include the authorizing or termination of a Do
No Resuscitate Order (“DNR”); and it is further
ORDERED that Peter Parker’s incapacity is such that, while this Order is in effect, he may not contract, sue nor be sued in his own name and it shall be unlawful for him to purchase, possess or transport a firearm pursuant to Va. Code §18.2-308.1:2; and it is further
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ORDERED that Peter Parker’s incapacity is such that, while this Order is in effect, he is not eligible for a driver’s license; and the Clerk of this Court shall forthwith issue a certified copy or abstract of this finding of incapacity to the Commissioner of the
Virginia Department of Motor Vehicles pursuant to Va. Code §46.2-400 and shall forthwith issue a certified copy or abstract of this finding of incapacity to the General
Registrar of Voters, who shall take the appropriate steps pursuant to Va. Code §24.2-427; and it is further
ORDERED that Linda Prince is hereby appointed as full and permanent Conservator for Peter Parker with all powers, liabilities and duties as set forth in §64.2-2021 and
§64.2-2022 of the Code of Virginia, as amended, until further order of this Court; and it is further
ORDERED that the Conservator shall have full access to any and all bank accounts, including, but not limited to, the checking account, savings account and safe deposit boxes presently titled in the name of Peter Parker, and any and all certificates of deposit; and it is further
ORDERED that Linda Prince may represent Peter Parker in all matters before all governmental agencies, whether federal, state or local, to include but not be limited to the
Social Security Administration and the local Department of Social Services. Further,
Linda Prince may apply for designation as Representative Payee of Peter Parker to manage his Social Security retirement payment upon her qualification as Guardian and
Conservator; and it is further
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ORDERED that any and all health care powers of attorney, powers of attorney and durable general powers of attorney executed by Peter Parker are hereby revoked and/or terminated; and it is further
ORDERED that before acting as Guardian of the person of Peter Parker, the
Guardian shall be required to enter into and execute a bond before the Clerk of this Court in the sum and penalty of $ ______, without surety, for the faithful performance of her duties as Guardian; and it is further
ORDERED that before acting as Conservator of the person of Peter Parker, the
Conservator shall be required to enter into and execute a bond before the Clerk of this
Court in the sum and penalty of $ ______, with surety, conditioned according to law upon the faithful performance of her duties as Conservator of Peter Parker; and it is further
ORDERED that Pepper Potts and Clark Kent be, and hereby are, appointed as
Standby Guardians for Peter Parker; and it is further
ORDERED that pursuant to §64.2-2003, Code of Virginia, the Guardian ad litem,
Cary Z. Cucinelli, Esq., shall be paid a fee of $______, to be paid from the
Estate of the Peter Parker within thirty (30) days of the entry of this Order for services rendered as Guardian ad litem on behalf of Respondent and Cary Z. Cucinelli, Esq. is discharged from further responsibility in this matter.
AND THIS ORDER IS FINAL.
In Re: Peter Parker CL: 111111 Final Order 6
ENTERED this _____ day of ______, 2018.
______Judge of the Circuit Court of Loudoun County
I ASK FOR THIS:
______Valerie B. Geiger, Esq. #82133 Cucinelli Geiger, PC 4084 University Drive, Ste. 202A Fairfax, Virginia 22033 Phone: (703) 481-6464 Fax: (703) 991-0609 [email protected] Counsel for Petitioner
______Cary Z. Cucinelli, Esq. #777777 Guardian ad litem
SEEN AND ______:
______Lois Lane, Esq. #44444 Law Office of Lois Lane
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