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Home My WebLink About03-05-07 .. Stanley A. Smith, Esquire Attorney I.D. #33782 David K. Kroft, Esquire Attorney I.D. #91010 Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 Attorneys for Petitioner INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DIVISION ) ) NO. ) PETITION TO ADJUDICATE PERSON AS INCAPACITATED AND APPOINT GUARDIAN OF THE PERSON/ESTATE To the Honorable, the Judges of said Court: Petitioner, Gloria Joan Davis Banks, respectfully submits this Petition to the Court to adjudicate Inez H. Davis an Incapacitated Person and to appoint a Plenary Guardian ofthe Person and Estate of Inez H. Davis, the alleged Incapacitated Person, and in support thereof, asserts the following: Jurisdiction and Venue 1. Inez H. Davis, the alleged incapacitated person, was born on June 1, 1930, and is 76 years old. 2. The alleged incapacitated person is domiciled in Cumberland County and is residing at Golden Living Center, 770 Poplar Church Road, Camp Hill, Pennsyly~ia 1701 ~d t",,;ool ,- -..J ~ "',". :::'J her mailing address is the same. I 01 -.:1 I"-j ..;:- 634491.1 3. Pursuant to 20 Pa.C.S.A. Section 5512(a) this Court has jurisdiction over and is the proper venue for the appointment of guardians of the person and estate ofthe alleged incapacitated person. 4. No other court in Pennsylvania has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person and no other guardian has ever been appointed for the person or estate ofthe alleged incapacitated person. Interested Parties 5. Inez H. Davis is not married. 6. The names and addresses ofthose persons who would be the intestate heirs (or next of kin) of Inez H. Davis, all of whom are suijuris, are as follows: Party/Address Relationship Carolyn A. Henderson 16838 Cerez Ave., Apt. 108 Fontana, CA 92335 Daughter Elsie L. Baker 11074 Glendale, Apt. A Port Orchard, W A 98366 Daughter Katheryn Alvarez 10580 Mountain View Apt. J Redlands, CA 92373 Daughter Donald Ray Davis 927 Cabrera San Bernardino, CA 92411 Son Michael Anthony Davis Unknown at this time Son Gloria Joan Davis Banks 5776 Catherine Street Harrisburg, P A 17112 Daughter - 2 - 7. To the best of Petitioner's knowledge, the sole agent under a power of attorney executed by the alleged incapacitated person is Katheryn Alvarez, who lives in California. 8. As noted above, the alleged incapacitated person now resides at Golden Living Center, 770 Poplar Church Road, Camp Hill, Pennsylvania, 17011. 9. The alleged incapacitated person was never a member ofthe Armed Services of the United States and is not receiving benefits from the United States Veterans Administration. 10. Petitioner does not know of any other service providers apart from Golden Living Center. 11. The alleged incapacitated person does not have a valid Last Will and Testament currently in effect. Proposed Plenary Guardian of the Person! Proposed Plenary Guardian of the Estate 12. Petitioner seeks to have herself, Gloria Joan Davis Banks, the alleged incapacitated person's daughter, appointed Plenary Guardian of the person of the alleged incapacitated person. 13. Petitioner Gloria Joan Davis Banks is a resident of Dauphin County, Pennsylvania, is concerned for her mother's welfare, and is the person best equipped to handle the personal care decisions of the alleged incapacitated person. 14. Further, Petitioner seeks to have herself appointed Plenary Guardian of the estate of the alleged incapacitated person. - 3 - 15. Petitioner is an attorney and a professor oflaw, is domiciled in close proximity to the alleged incapacitated person, and is the individual best equipped to handle the financial decisions of the alleged incapacitated person. 16. The proposed Guardian has no interest adverse to the alleged incapacitated perons, although it is acknowledged that Petitioner/Guardian would be one ofthe intestate heirs of the alleged incapacitated person if she were to die intestate at this time. Limitations of Allee:ed Incapacitated Person 17. Because of her mental and physical condition, the alleged incapacitated person is totally 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. She no longer understands the concept of money. 18. Because of her mental and physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning her person and is unable to prepare meals for herself, feed herself without assistance, clean herself or perform the usual daily functions. She does not understand her medical condition or the consequences of accepting or rejecting options for her care. 19. Katheryn Alvarez, who is the alleged incapacitated person's agent under a general power of attorney executed under California law, lives in California. Petioner avers that it is impractical, if not impossible, for Katheryn Alvarez to serve properly and fully on behalf of the alleged incapacitated person as her agent. -4- No Less Restrictive Alternative 20. The following alternatives to the appointment of a guardian ofthe person have been considered: (a) financial power of attorney under Pennsylvania law. This alternative is ineffective for the following reason: the alleged incapacitated person does not understand the nature of this document. 21. The severity of the alleged incapacitated person's mental and physical 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 ofthe 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, her stocks and bonds, her personal property, her entitlement to any governmental and non-governmental benefit plans, federal, state and local taxes, claims made or to be made on behalf of her or against her, the execution of documents, entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 22. The following alternatives to the appointment of a guardian ofthe person have been considered: (a) health care power of attorney under Pennsylvania law. This alternative is ineffective for the following reason: the alleged incapacitated person does not understand the nature of this document. 23. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a Plenary Guardian of her person be appointed to handle all issues relating to the person ofthe alleged incapacitated person, specifically including, but not limited to: her living arrangements, her medical and - 5 - 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. Assets and Income 24. The exact nature and amount ofthe alleged incapacitated person's assets are not known, but the following is noted: a. The alleged incapacitated person receives a monthly pension in the amount of$I,137.56. b. The alleged incapacitated person receives a monthly Social Security payment of $297.00. 25. To the best of Petitioner's knowledge, the alleged incapacitated person is not a beneficiary of any trust created by another for her benefit. Waiver of Bond 26. Petitioner requests that the Court dispense with the requirement of bond being posted by the Guardian of the person and estate of the alleged incapacitated person. 27. Under Title 20, Section 5515 and Section 5122(d) of the Pennsylvania Consolidated Statutes, the Court, in its discretion, may dispense with the requirement of a bond for cause shown. Gloria Joan Davis Banks is an attorney and law professor in the Harrisburg area who has advised numerous personal clients. Further, Gloria Joan Davis Banks will coordinate with the other children of the alleged incapacitated person. -6- WHEREFORE, Petitioner respectfully requests that this Court award a Citation directed to Inez H. Davis, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why Inez H. Davis should not be adjudged a fully incapacitated person, and why Gloria Joan Davis Banks should not be appointed Plenary Guardian ofthe person and Plenary Guardian of the estate of Inez H. Davis. Respectfully submitted, Date: o-z-f 2- '71 OJ ~b:~ anley A. Smith, Esquire David K. Kroft, Esquire Rhoads & Sinon, LLP One South Market Square, 1 th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 - 7 - VERIFICATION I, Gloria Joan Davis Banks, verify that the statements made in this Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~.(~V. lJ1 INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DIVISION ) ) NO. ) CONSENT TO APPOINTMENT AS GUARDIAN OF THE PERSON AND GUARDIAN OF THE ESTATE OF INEZ H. DAVIS I hereby consent to act as Plenary Guardian of the Person and Plenary Guardian of the Estate of Inez H. Davis, an alleged incapacitated person. I reside at 5776 Catherine Court, Harrisburg, PA 17112, and am an attorney and a law professor in the Harrisburg area. I am a citizen ofthe United States and can speak, read and write the English language. A ~O - 07 Date: O{-