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Home My WebLink About01-31-07 COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 n C;O .< :'1:J -D -TO ~i~ SJ .... ~"J') 7:::: I".;) c::::;> = --.l '- ;::,... ....... w ~~~2 IN RE: LIDIA MARIE FULLER, an alleged incapacitated person . - -.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS COURT DIVISION NO. 07- Oo9<.s> PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 Pa. C.S.A. Section 5511 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES, GERALD W. FULLER, Petitioner, by and through her attorney, Lisa Marie Coyne, and avers the following in support of the within Petition for Appointment of a Plenary Guardian: 1. Petitioner, GERALD W. FULLER, resides at Lot 37 Meadowbrook Court, New Cumberland, Fairview Township, York County, Pennsylvania. 2. Petitioner is the only child of LIDIA MARIE FULLER, the "alleged incapacitated person" . 3. LIDIA MARIE FULLER, the alleged incapacitated person resides at Acute Alzheimer Care Unit, Golden Living Center West Shore, Cumberland County, Pennsylvania and has resided there since 2002. Prior to that time, LIDIA MARIE FULLER, the alleged incapacitated person resided with her husband, Howard W. Fuller, at Lot 37 Meadowbrook Court, New Cumberland, Fairview Township, York County, Pennsylvania; however, Howard W. Fuller died on January 21,2007. w""'t... 4. In 2002, LIDIA MARIE FULLER was admitted to West Shore Rehab, now known as Golden Living Center West Shore, Acute Alzheimer Care Unit due to diagnosis of advanced dementia and Alzheimer disease and remains institutionalized at that residence to date. 5. Petitioner is the only child of LIDIA MARIE FULLER and the late Howard W. Fuller who were married for 52 years. 6. LIDIA MARIE FULLER, the alleged incapacitated person was born on November 26, 1928, is 78 years of age. 7. The following persons are to the best of petitioner's knowledge, information and belief the only living next-of-kin of the alleged incapacitated person: GERALD W. FULLER (Son) Lot 37 Meadowbrook Ct. New Cumberland, P A 17070 PATRICK W. FULLER (Grandson) Lot 37 Meadowbrook Ct. New Cumberland, P A 17070 GREGORY W. FULLER (Grandson) Dallastown, P A 8. The name and address of the person (or institution) providing residential services (or other service providers) for the alleged incapacitated person is/are: Acute Alzheimer Care Unit Golden Living Center West Shore 770 Poplar Church Road Camp Hill, PA 17011 9. The assets of the alleged incapacitated person are all held individually and jointly with her late husband, Howard W. Fuller. 10. Petitioner estimates the LIDIA MARIE FULLER'S annual income to be approximately $7,200.00 which represents her monthly Social Security benefits. 11. LIDIA MARIE FULLER is retired and during her working years she was assembly line worker at Berg Electronics. 12. The alleged incapacitated person suffers from Alzheimer disease. She is confused at times and not oriented to time or place. She has very poor memory for the short term and is unable to manage her affairs. Lidia Marie Fuller is currently undergoing care at Acute Alzheimer Care Unit, Golden Living Center West Shore. Attached at Exhibit "B" is statement from the alleged incapacitated person's treating physician which explains the patient's medical condition. 13. Because of LIDIA MARIE FULLER'S mental condition, she is completely unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. 14. Because of LIDIA MARIE FULLER'S impaired mental condition, she lacks the capacity to make or communicate responsible decisions concerning her person and is unable to: keep herself properly nourished and hydrated, make her own living arrangements, seek needed medical services. 15. There are no other alternatives to guardian of the estate and the person given the medical condition of LIDIA MARIE FULLER. 16. The severity of LIDIA MARIE FULLER'S mental condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her estate be appointed to manage and handle all aspects of the alleged incapacitated person's estate, specifically including, but not limited to: all issues relating to her cash, checks, and any bank or savings accounts held in her name, personal property, her real estate, her life and other insurance of which she is a beneficiary, her entitlement to any governmental and non-governmental benefit plans, federal, state, and local taxes, claims made or to be 3 ade on behalf of her or against her, the execution of documents, entry into contracts affecting her and he payment of reasonable compensation or costs to provide services for her. 17. The severity of LIDIA MARIE. FULLER'S mental condition and the lack of viable, less estrictive alternatives necessitate that a plenary guardian of her person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: her living arrangements, her medical and psychiatric care, the administration of medication to her, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for her physical and mental treatment and care. 18. Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or advance health care directives or in any other way designated anyone to serve as her agent over any of her personal or financial affairs or as her surrogate over her medical care, or that she designated in writing her wishes with regard to health care, including the use or refusal of life-sustaining treatment. 19. The proposed plenary guardian of the person and the estate of LIDIA MARIE FULLER is the Petitioner, GERALD W. FULLER, the only child of the alleged incapacitated person, who resides at Lot 37 Meadowbrook Ct., New Cumberland, York County, Pennsylvania. 20. The proposed plenary guardian of the person is 53 years of age. 21. The proposed plenary guardian has no interest adverse to LIDIA MARIE FULLER. 22. The consent ofthe proposed plenary guardian is attached as Exhibit "B". 23. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 4 24. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, petitioner respectfully requests that this court award a citation directed to LIDIA MARIE FULLER, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why LIDIA MARIE FULLER should not be adjudged a fully incapacitated person, and GERALD W. FULLER appointed plenary guardian of her person and of her estate. Respectfully submitted: COYNE & COYNE, P.C. Dated: / - ';'d - 07 BY: sa Marie Coyne, 901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Petitioner 5 COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, P A 17011-4227 (717) 737-0464 IN RE: LIDIA MARIE FULLER, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS COURT DIVISION NO. 07- qlt CONSENT OF GUARDIAN OF THE ESTATE AND THE PERSON I, GERALD W. FULLER, hereby consent to act as the Guardian of the Estate and the Person of my mother, LIDIA MARIE FULLER. I reside at Lot 37 Meadowbrook Ct., New Cumberland, Pennsylvania and am employed full-time as a fleet mechanic with Eichelberger's Inc. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to LIDIA MARIE FULLER, my mother, the alleged incapacitated person. Dated: 1- 3rJ ~ (J ? ~<<If~ GE D W. F LLE '-.) . 'Posed Guardian >>Jm1CA110N The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. ~4904. Dated: 1- 'J()-07