HomeMy WebLinkAbout94-00704
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IN REI IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF ORPHANS' COURT DIVISION
DOROTHY L. SEILER 94-704 ORPHANS' COURT
IN REI PETITION FOR GUARDIANSHIP
BEFORE OLER. J.
PRDER OF COURT
AND NOW, this 21st day of September, 1994, upon
consideration of the Petition Pursuant to section 5511 of the
Probate, Estates and Fiduciary Code To Adjudicate Dorothy L.
Seiler To Be Incapacitated and To Appoint a Guardian for Her
Person and Her Estate, and following a hearing held at the
allegedly incapacitated person's residence, the Cumberland
County Nursing Home, Dorothy L. Seiler is adjudicated an
incapacitated per SOli , and her son, Kenneth Seiler, Jr., is
appointed plenary guardian of her person and her estate. The
guardian is directed to file reports in aocordance with the
provisions of 20 Pa. C.S. section 5521(0). No bond shall be
required of the guardian.
Notice is hereby provided in person to Dorothy L.
Seiler of her right to appeal and to petition to modify or
terminate the guardianship.
The guardian is authorized to pay attorneys' fees
in connection with this proceeding from the assets of the
incapacitated person.
,
.
.. .
IN REI
'ESTATE OF
DOROTHY L. SEILER
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I ORPHANS' COURT DIVISION
I 94-704 ORPHANS' COURT
IN REI PETITION FOR GUA~NSHIP
BEFORE OLER. J.
OPINION AND ORDER OF COU~~
Oler, J.
At issue in the present case is whether Dorothy
L. Seiler should be adjudicated an incapacitated person and, if
so, whether Petitioner should be appointed plenary guardian of
her person and her estate. A hearing was held on the matter on
Wednesday, September 21, 1994, before the undersigned judge at
the Cumberland County NUl'sing Home where Ms. Seiler is a
resident. Present at the hearing was the allegedly
incapacitated person, her brother, Jack L. Lesher, the
Petitioner, Kenneth Seiler, Jr., the Petitioner's counsel, Ralph
H. Wright, Jr., Esquire, and several witnesses. Based upon the
evidence presented at the hearing, the following Findings of
Fact, Discussion and Order of Court are made and entered.
FINDINGS OF FACT
1. The allegedly incapacitated person is Dorothy
L. seiler, a domiciliary of Cumberland County, Pennsylvania,
residing at the Cumberland County Nursing Home, 357 Claremont
Road, Carlisle, Cumberland County, Pennsylvania; Ms. Seiler is
prElsently 72 years old, having been born on July 9, 1922.
. I
.
2. Petitioner is Kenneth seiler, Jr., the
allegedly incapacitated person's eon, who resides at 435
Chestnut street, Mount Holly springs, Cumberland County,
Pennsylvania 17065.
3. Ms. Seiler suffers from progressive senile
dementia, with partial paralysis, fOllowing a stroke whioh
occurred around July of 1992; as a result of the stroke, in
addition to being partially paralyzed, Ms. Seiler remains unable
to speak. Ms. Seiler also suffers from hypertension.
4. The condition of senile dementia is a
progressive one in Ms. Seiler's case and has unfortunately
advanoed to the point that it impairs, along with her physioal
condition, her capacity to make and communicate decisions.
specifically, her ability to receive and evaluate information
effeotively and communicate decisions in any way has been
impaired to such a significant extent that she is totally unable
to manage her financial resources or to meet the essential
requirements for her physical health and safety.
5. Guardianship services are necessary for Ms.
Seiler notwithstanding the support of her brother and son and
the care which is afforded to her at the nursing home.
6. Based on the medical condition of Ms. Seiler
and her lack of capacity to make and communicate decisions, a
plenary guardianship with respect to her person is requir.ed.
7. Based on the medical condition of Ms. Seiler
,
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and her laok of oapacity to make and communioate deoisions, a
plenary guardianship with respoct to her estate is also
required.
8. In view of the absGnce of a favorable
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prognosis at this time, the duration of the guardianship
required is indefinite, pending further Order of court, and
apparently permanent.
9. Pursuant to 20 Pa. C.S. sect10ns 5512.1(c)
and 5512.1(e), it is expressly found that Ms. Seiler is totally
incapacitated and in need of plenary guardianship services.
10. Petitioner is a parson qualified under 20 Pa.
C.S. section 5511(f) to serve as plenary guardian of her person
and her estate
I
11. The foregoing Findings of Fact are made on
the basis of clear and convincing evidence.
DISCUSSION
The provis1ons respecting an adjUdication of
incompetency have recently been amended and are contained in 20
Pa. C.S. Sections 5501 et. sea. Petitioner has complied with
theso provisions, and, based upon the foregoing Findings of
Fact, the following Order of Court will be entered.
ORDER OF COURT
AND NOW, this 21st day of September, 1994, upon
consideration of the Petition Pursuant to Section 5511 of the
Probate, Estates and Fiduoiaries Code To Adjudioate Dorothy L.
.'t"
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009504-OOOO1/A1IiUiI9, t994/RHW/MH/36757 .
7. John C. Schiro, M.D., Dorothy L. Sellcr's treating physician at the Cumherland County Nursing
Home, has given the opinion that Dorothy L. Seller Is unable to understand her rights and responsibilities due to her
dementia, and Is unable to manage her own affairs.
8. Dorothy L. Seller Is an Incapaclt;tted adult persun whuse ability to receive and evaluate Information
eff~.<:tively and communicate decisions about her care and needs is Impaired \0 such a significant extent that sbe Is
totally unable to manage her financial resources or meet essentilll requirements fur her physical health and safety.
9. Dorothy L. Seller's sole source uf Income is Social Security In the monthly amount of approximately
$318.00. It is llelleved that the principal assets of Dorothy L. SelicI' arc a certiticate of deposit with an approximate
balance of $7,500.00, a certlticate of deposit with u billilnce of approxlmiltcly $4,100,00, and a savings account with
a balance of epproxlmately $1,700.00, ull of which uccounts ilre with Mcrldliln Bank.
10. Your Petitioner, Kenneth Seller, Jr., Is the only child of Dorotby L. Seller. Dorothy L. Seller has one
living sibling, Jack L. Lesher of Carlisle, Pennsylvunla, Dorothy L. Scller Is divorced. Her ex-husband, Kenneth
Seller, Sr., resides at 208 North Hanover Street, Curllsle, Pennsylvania.
II. It Is unknown whether Dorothy L. Seiler IHld executed u Will prior to her becoming Incupacltated.
12. Your Petitioner, Kenneth Seller, Jr., hus no Interest adverse \0 Dorothy L. Seller.
13. Becuuse her Social Security Income Is Insufficient to cover the cost of care at the Cumberland County
Nursing Home, Dorothy L. Seller has been approved fur, ilnd Is receiving, Medlcld Assistance, but Is required under
the regulations of the Pennsylvunla Depurtment of Publk Welfill'e governing medical assistance to use all or most of
the funds In the three above refemnced hank ucwunts III olllet pal't of the cost of her cure at the Cumberland County
Nursing Home.
14. It Is necessury that a guardian he uppointed to uuthnrlze the IIse of the funds In Dorothy L. Seller's
hank accounts to make the nccessary payments to the Dcplll'tmcnt of Public Wclfure \0 offset part of the cost of ber
care at the Cumberland County Nursing Homc.
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WITNESSES
1
2
NAME
DIRECT
CROSS
3 JOHN SCHIRO, M.D.
,4 BiI: MR. WRIGHT 3 --
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STIPULATION
2 It is hereby stipulated by and between oounsel for
~ the respective parties that reading, signing, sealing,
~ oertifioation and filing are hereby waived.
5
(j
JOHN SCHIRO, M.D., called as a witness, being duly
7 sworn, testified as follows:
H DIRECT EXAMINATION
9 BY MR. WRIGHT:
10 Q My name is Ralph H. Wright, Junior, for the
11 record, and I represent Kenneth Seiler, Junior, the Eon of
12 Dorothy L. Seiler, and we petition the Court on beha 1f of
t:l Kenneth Seiler, Junior, to have him appointed guardian of
1~ the estate and of the person of Dorothy L. Seiler.
lfi I'm going to ask you some questions which are
Hi being taken under oath and will be placed in a transcript
17 which will be submitted to the Court at the hearing on
IH September 21st, 1994, before Judge Oyler.
1!l First, I'd like your name for the record.
A John C. Schiro.
20
21 Q And you're licensed as a physician in
22 Pennsylvania?
A That's correct.
2:1
Q
How long have you been a licensed physioian in
2~
2fi Pennsylvania?
4
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2
A
Q
A
Twenty-five years.
Do you have a specialty or concentration?
Internal medicine.
a
4 Q Is your practioe concentrated to some degree in
the area of geriatrics?
5
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A
Yes.
7 Q Can you give an approximate percentage for that
H concentration?
9 A I would say that probably 50 percent of my
I() practice is over. the age of 65.
II Q Okay. Dorothy L. Seiler is a patient of yours?
12 A That is correct. Well, let me clarify that. She
1:1 has not been a patient of mine, she's a resident of the
"
14 County home and I take care of her at the County home.
If} prior to her admission to the County home she was
Hi not a patient of mine.
17 Q But you are following her and have followed her?
III A I have followed her since July 16th of 1992.
19 Q okay. Can you give us a brief synopsis of her
20 medical history including anything remarkable or anything of
21 note whjch you recall about her?
22 A Well, Dorothy, when she was admitted in 1992 was a
2:1 70 year old white female who had suffered a stroke which
2~ left her aphasic, which means that she was unable to speak,
25 and her right side was paralyzed.
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her mental and physioal status oompared to a year ago.
2 Q Is there any indioation that she understands
:I oommunioation direoted to her?
4 A I'd have to qualify my answer.
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Q
Sure.
Ii A I think that she understands communioation
7 direoted to her in that she aoknowledges your presenoe at
M the bedside and she realizes that someone is there and is
!} trying to oommunicate to her; but I don't think that she
10 oomprehends the communication, the oontent of the
1\ oommunication.
12 Q How, does she indicate that she's aware of your
1:1 presence at the bedside?
14 A Usually with eye contact and occasionally with
If} vocalization, but not intelligible speech.
\Ii Q Is she capable of responding in Emy sort of
17 meaningful fashion to communication directed to her?
1M A occasionally with gestures she does communicate,
III but again, I don't feel that this is a real cognizant
2ll communication.
2\ I don't think that she really comprehends the
22 oontent of speech. She may acknowledge your presence or the
2:1 fact that you're speaking to her with a nod of the head or
24 eye contact or a gesture or grimace.
Q And the lack of any sort of meaningful response to
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what's communicated and her questionable ability to process
2 information is the basis for your opinion that she's unanle
:l to understand her rights and responsibilities?
~
A
Yes. I think that -- it's not necessarily her
,. lack of communication, but the lack of the ability to
..1
(j process information due to the dementia and actual cerebral
7 or brain dysfunction causes her inability to comprehend her
R rights and responsibilities and duties.
n
Q
Dr. Schiro, I'm going to hand you a copy of the
\() Pennsylvania statutory definition of an incapacitated person
11 and ask you to review that.
\2
A
I'm familiar with this definition.
)
1:1
Q
Based on your professional jUdgment and your
I~ examinations and your familiarity with Dorothy L. Seiler, do
10 you believe to a reasonable degree of medical certainty that
\(i Dorothy L. Seiler is an incapacitated person within the
17 meaning of the definition you have just read?
IR
A
Yes, I do.
19
Q
When was the last time you made a routine
examination of Mrs. Seiler?
20
21 A I saw her on the 18th of August.
22 Q How was she at that time?
2:1 A I have been referring to my notes of that date.
2~ She remained aphasic and had little oontact and no
20 signifioant change from her previous examination of a month
. )
--
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8
prior to that.
2 Q So there was no oommunioation --
a A No.
4 Q -- at that point?
5 A No.
6 Q Dr. SChiro, in your opinion is there any plausible
J alternative at this point to a guardianship of a person in a
8 state such as Mrs. Seiler if she is to conduct any business
affairs or handle any legal matters?
9
\0
A
No, I don't see any reasonable alternative. I
.11 think that she is incompetent and that there is no hope for
12 her to regain competence; so that I feel there is no
~) 1:1 alternative but to administer her affairs for her.
14
Q
NoW, you have mentioned that she seems to be
15 deteriorating progressively and you did mention that there
16 are no real prospects for an improvement in her status?
17
A
No, I don't foresee any improvement in her future.
lH I anticipate oontinued decline in both her mental and
\0 physical status.
MR. WRIGHT: I believe that's everything that I
(Whereupon, the deposition was concluded at 11106
.-.'
n
9
COUNTY Of' DAUPHIN
,2 CO~II'IONHEALTIl Of' PENNSYLVAllIA I
SS
"
I
i
3
4 I, Tammy J. Spotts, aNotary PUblic, authorized to
5 administer oaths within and for the Commonwealth of
G Pennsylvania, do hereby certify that the foregoing is the
7 testimony of JOHN SCHIRO, M.D.
8 I further certify that before the taking of said
9 deposition, the witness was duly Swornl that the questions and
10 answers ~Iere taken down stenographically by the said
,.-.
11 Reporter-Notary Public, and afterwards reduced to typewriting
12 under the direction oE the said Reporter.
13 I further certify that the said deposition was
14 taken at the time and place specified in the caption sheet
15 hereof.
. ')
h,.'
16 I further certify that I am not a relative or
17 employee or attorney or counsel to any of the parties, or a
18, relative or employee of such attorney or counsel, or
19 financially interested directly or indirectly in this action.
20 I further certify that the said deposition
21 constitutes a true record of the testimony given by the said
22 witness.
23
IN HITNESS HHEREOF, I have hereunto Bet my hand
this 19th day of September, 199~~k"ie~
Tammy J. ~potts, Reporter
Notary Public
24
25
"J
NOTARIAL SEAL
Lower Swllars hI" D~vphin Covnty, Pa,
My!-omm'''ion f '0"" No!, 9. 1996
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: 'i,~I ,1 ; . EST AIDE OF
\,I.\04'~I' ~,\ , ,',' il"" , ' . . ".\',-,
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,",,' ',DO ' L. SEILER
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CITATION
WE COMMAND, you t.hat layj.ng aaj.de a1:1~buslness and eHcuses
whatsoever, you be and appear In your proper. per.son before the
,Honorable Judges of the Common pleas court, orphans' court
Diylsibn at a sesslon of the sald court t~ere to be held, for.
the county of cumber.land to show cause why she cannot appear
at the aforementi.oned head,ng pur.suan\; to" the petltlon of Kenneth
.
seUer,Jr.., td 'have DOr.othY L.seHer. adjUdlcated an lnciapadtated
'"
I . ~ '
person and to hay. plenary guar.dlans appolnte~ for. her. person
.. .,,,
.
and her' estate. NoM.ee of the hear.lng shall be gl.ven to Dor.othy
L.Seller. by counsel for. the petitloner i~accor.dance wlth 20 P.S.
5511 (a) not less than twenty (20) days pdor. to the hearing.
witness my hand and ofHdal seal of oHlce at CarHsle,
pennsylvaida thls 16th day of AUgust, 1994.
, -.
'tq~ ~ t,,,,;. ~~
Mar.y .Lewls '
Clerk of or.phans' court Di.ylsion
cumber.land county
carl i.s le, Pa.
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OOR~88.0000~IOCloh'r~, 1993/RHW/L^B'~98~7
FILE COpy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. 94- 70 'I ORl'liANS' COURT
ESTATE OF DOROTHY L. SEILER
NOTICE OF GUARDIAN HEARING
TO: DOROTIIY L. SEILER
YOU ARE HEREBY NOTIFIED THAT A HEARING PURSUANT TO THE PETITION OF KENNETH
SED..ER, JR. TO ADJUDICATE YOU TO BE LEGALLY INCAP ACIT A TED AND TO APPOINT A GUARDIAN
FOR YOUR PERSON AND YOUR ESTATE HAS BEEN SCHEDULED BY THE CUMBERLAND COUNTY
COURT FOR WEDNESDAY, SEPTEMBER 21, 1994, AT THE CUMBERLAND COUNTY NURSING HOME,
AT 3:00 P,M. BEFORE JUDGE J. WESLEY OLER, JR, AT THIS HEARING THE COURT WILL BE ASKED
TO APPOINT A GUARDIAN TO HANDLE ALL OF YOUR FINANCIAL AFFAIRS AND MATTERS
PERTAINING TO YOU PERSONALLY, IF A GUARDIAN IS APPOINTED, YOU MAY LOSE IMPORTANT
RIGHTS. YOU HAVE THE RIGHT TO REQUEST THE COURT TO APPOINT AN ATTORNEY AND THE
RIGHT TO HAVE SUCH ATTORNEY PAID FOR IF YOU CANNOT AFFORD IT.
ATTACHED TO THIS NOTICE, PLEASE FIND A PRELIMINARY DECREE SCHEDULING THE
HEARING BY THE COURT AND THE PETITION OF KENNETH SEILER, JR, SEITING FORTH THE
REASONS WHY YOU SHOULD BE ADJUDICATED AN INCAPACITATED PERSON AND GUARDIANS
SHOULD BE APPOINTED OVER YOUR PROPERTY AND YOUR PERSON,
YOU SHOULD TAKE nus PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND our WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013.3387
(717) 240-6200
i PETITIONER'S
1 EXHIBIT
I ?bihiL(,