Appeal from the Order of the Court of Common Pleas, Orphans Division, of Montgomery County at No. 84-505.
Carl N. Weiner, Lansdale, for appellant.
Wickersham, Brosky and Tamilia, JJ.
[ 355 Pa. Super. Page 423]
William J. Irvin appeals from the order of the Court of Common Pleas of Montgomery County denying his petition for appointment of a guardian for the estate of Melba F. Wood.
Melba Wood is a widow in her mid-eighties who is institutionalized in a nursing home. On July 2, 1984, she revoked the power-of-attorney previously given to her niece by marriage, Bertha Irvin, the wife of appellant. She then entered into an intervivos trust agreement with the Union National Bank and Trust Company of Souderton, in which she agreed to turn over all her property to the Bank, and in return, the Bank would pay to her the income and as much of the principal as the Bank determined was necessary for her support for her remaining lifetime.
On July 24, 1984, appellant filed a petition under section 5511 of the Decedents, Estates and Fiduciaries Code, 20 Pa.C.S. § 101, et seq. to adjudge Mrs. Wood incompetent and to appoint Bertha Irvin as guardian for her estate. A hearing on the petition was held on September 28, 1984, at
[ 355 Pa. Super. Page 424]
which time the petition was denied for insufficient evidence to support a finding of incompetency. Exceptions were filed by appellant on October 9, 1984. On October 30, 1984, before the exceptions were ruled upon by the court below, appellant filed this appeal.
On appeal, appellant raises the following three issues:
1. Is the affidavit of the treating physician at the alleged incompetent's nursing home admissible into evidence?
2. Is testimony other than medical testimony relevant in determining ...