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HomeMy WebLinkAbout96-01046 1 ,.~ ~ ~ RUSS~;L KAGAH I fit-: AN ALI.EGlm I NrAI'M'1 'l'A'I'I':1l PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90- 11146 ORPHANS' COURT IN RE: IMPORTANT NOTICE CITATION WITH NOTICE A petition hes boon 1II0d with this Court to hovo you doclared en Incepaciteted Person. I! the Court finds you to bo en Incopocltotod Porson. your rights will be uffocted, including our right to manage money and property ond to moke decisions, A copy of tho petition which has been filed by SANDRA M .-1'1I11l'.\IT'1' Is ottochod, You ore heroby ordered to oppeor ot 0 heorlng to be held in Court Room No. 30r 5, Cumberland County Courthouse. Corllsle. Pennsylvonlo. on ,January 14 . 19~, at 1:30 P.M. to tell the Court why it should not find you to be on Incopeciteted Person and appoint a Guardian to act on your behalf. To be an Incopecltatod Person moans that you are not able to receive and effectively evaluate informotion end communicete decisions end thet you ere unable to menage your money and/or other proporty, or to meke necessary decisions about where you will live, whet medicol core you will get, or how your money will be spent. At the hoorlng. you havo the right to eppear, to be represented by an attorney, and to request a jury trlol, II you do not hove en ottorney, you heve the right to request the Court to oppoint on ettorney to reprosont you end to hove the attorney's fees paid for you if you connot efford to poy them yoursel!. You olso heve the right to request that the Court order thet on independent ovoluotlon bo conducted es to your elleged incapacity. I! tho Court docldos thot you oro on Incapecitated Person. the Court mey appoint a Guordion lor you, busod on tho noturo 01 any condition or disability and your capacity to , i 1 0\ '5~ - - .. ') 0 .!!1 0\ - . a \t)~ ~ ..~ 15. 0\ , ~1 () ~:' - i 1:l U ill !' C ~l 0 ", ,.=l ,. '~i) ,': E 0 ~ 0'" Q)::l Q)a: Uu a: ;. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPIIANS' COURT DIVISION NO" 'II . (If.., .lo'/e ESTATE OF RUSSEL KAGARISE, AN ALLEGED INCAPACITATED PERSON IMPORTANT NOTICE TO: RUSSEL KAGARISE YOU ARE HEREBY NOTIFIED THAT THE ATTACHED PETITION FOR THE APPOINTMENT OF A GUARDIAN HAS BEEN FILED WITH THE ORPHANS' COURT OF CUMBERLAND COUNTY AND THAT A HEARING ON THE PETITION HAS BEEN SCHEDULED BEFORE THE HONORABLE , IN COURTROOM NUMBER _, LOCATED IN THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA,ONTHE DAY OF _,19_AT O'CLOCK_,M. (PREVAILING TIME). THE PURPOSE OF THIS HEARING IS TO DETERMINE: 1. WHETHER YOU SUFFER FROM ANY MENTAL OR PHYSICAL IMPAIRMENT WHICH WOULD AFFECT YOUR ABILITY TO RECEIVE AND EVALUATE INFORMATION EFFECTIVELY AND COMMUNICATE DECISIONS; AND 2. WHETHER SUCH IMPAIRMENT, IF ANY, IS SIGNIFICANT ENOUGH TO RENDER YOU PARTIALLY OR TOTALLY UNABLE TO MANAGE YOUR FINANCIAL RESOURCES OR TO MEET ESSENTIAL REQUIREMENTS FOR YOUR PHYSICAL HEALTH AND SAFETY, AT THE TIME OF THE HEARING, THE COURT WILL RECEIVE EVIDENCE ABOUT YOUR ALLEGED INCAPACITIES OR FUNCTIONAL LIMITATIONS, IF THE COURT DETERMINES THAT INCAPACITIES OR FUNCTIONAL LIMITATIONS EXIST, THE COURT MAY APPOINT A GUARDIAN TO ACT ON YOUR BEHALF, THE APPOINTMENT OF A GUARDIAN IS A MATTER OF GREAT IMPORTANCE SINCE IT WOULD RESTRICT AND INFRINGE UPON YOUR LEGAL RIGHT TO PERFORM CERTAIN ACTIVITIES OR TO MAKE CERTAIN DECISIONS. DUE TO THE SERIOUSNESS OF THIS PROCEEDING, YOU HAVE THE RIGHT TO REQUEST THE APPOINTMENT OF COUNSEL AND TO HAVE COUNSEL APPOINTED IF THE COURT DEEMS IT APPROPRIATE, IF YOU CAN NOT AFFORD COUNSEL, YOU HAVE THE RIGHT TO HAVE SUCH COUNSEL PAID FOR BY THE COUNTY. child, petitioncr hercin. and thc proposcd guardillll of his pcrson; and Lois Kagarisc, his wifc, a proposed guardian of his cstatc, 4. Thc allcgcd incapacitated person is not inslilutionalizcd, 5, To the cxtcnt known by pctitioncr, the asscts of thc allcgcd incapacilatcd pcrson are substantial, comprising the following: about 60 acres of land in Pcrry County, a rcsidcnce in Carlisle, and various bank accounts, all hcld in joint tcnaney with his wifc, thc proposcd guardian of his estate. 6, Petitioner does not know Mr. Kagarise's incomc, but he has retirement incomes from the federal government and from the military; he has a comfortable income that is adequate for his wife's and his needs, including medical care. 7. The alleged incapacitated person was a member of the anned services of the United States and is receiving benefits from the Uniled States Veterans' Administration, the precise details of which petitioner does not know, 8, The allegcd incapacitatcd person suffers from senile dementia and emphysema that require frequent use of oxygen and several medications, in addilion to various other age-related problems, including skin cancer that Russel rcfuses to deal with but that is probably not life threatening at this point. 9. Because of his mental and/or physical condition, the alleged incapacitated pcrson is totally unable to manage his financial affairs, property and business and to make and V communicate responsible decisions relating thereto, including the ability to communicate his need for assistance in these areas, As a practical matter, his wife presently docs all of these things anyway, as she has throughout their marriage, 10. Because of his impaired mental and/or physical condition, the allegcd incapacitated 2 \ person lacks thc capacily 10lllakc or cOlllllluniCll!C rcsponsiblc dccisions conccrning his pcrson, On good days hc can communicate clcarly cnough, but his doclor insisls lhat hc is nol rcsponsibly dealing with his mcntal or physical problcms, and on bad days hc is c1cllrly irralional and evcn dangerous, Duc to his shortness of brcath and gencral wcakncss, hc is no serious threat to mature adults, bul his wife is having more and more difficully coping with his angcr and paranoia, He cal1s petitioncr repeatedly, weeping and complaining that he is a prisoner, and threatening to take his car and leave even though his license has becn suspended after the police found him lost near Pittsburgh and asked petitioner to come fetch him (his wife has the keys). 11, The fol1owing alternatives to the appoiniment of a guardian of the estate have been considered: just ignoring the problem and having his wife do what she has always done, manage their joint affairs, However, Russel witl no long cooperate with her in matters that require both signatures, such as dealing with "his" automobile (which is in both names), a Lincoln that he can no longer drive. In addition, even if a space in an appropriate residential community for Russel and his wife could be found, he refuses to consider moving, and, without his signature, no real estate transactions are possible. As to day to day financial transactions, however, Mrs, Kagarise can manage those without a guardianship. 12. The severity of the al1eged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his estate be appointed to manage and handle al1 aspects of the al1eged incapacitated person's estate, specifical1y including, but not limited to: al1 issues relating to his cash, checks, and any bank or savings accounts held in his name, his stocks and bonds, his personal property, his real estate, his life and other insurance of which he is a beneficiary, his entitlement to any governmental and non- 3 \ govermncntal bencfil plans, fcdcral, stalc, anti local lax.:s, claims madc or 10 hc madc on hchalf of his or againsl him, lhc cxccution of documcnts. cntry into conlracls affccting him and thc payment of rcasonahle compcnsation or cosls to providc scrviccs for him, 13, The following alternativcs 10 lhc appoinlmcnl ofa guardian of the pcrson havc becn considered: moving to a residential community that would afford somc on-she nursing assisllmce, which is impractical because (a) he won't hear of it and (b) the waiting lis IS arc so long lhat it would require a wait of more than half a year; and a night nurse, but the home is just too small, and that will not deal with his need for diagnosis and treatmcnt that can only be done in a medical facility, Moreover, he rejecls having a nurse in at night. 14. The severity of the alleged incapacitated pcrson's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his pcrson be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: his living arrangements; his medical and psychiatric care, the administration of medication to him, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for his physical and mental treatment and care. 15, The proposed plenary guardian of the person of the alleged incapacitated person is pctitioner, Sandra M, Philpott, his only daughter, In many ways it might be better for his wife, Lois Kagarise, to be appointed, but she docs not desire that role, 16. The proposed plenary guardian of the person is 53 years of age, a college graduate, the mother of seven grown childrenlstep-children, and self-employed as an artist. She is married and lives in Perry County with her husband. an attorney. 4 ... ~. .- '" 17, The proposcd plcnary guardian of lhc cstatc of lhc allcgcd incapacitatcd pcrson is Lois Kagarise. his wife. Mrs, Kagarise has always handlcd all of thc family tinanccs amI probably does not necd a guardianship 10 conlinuc to handlc day to day matters. hut in rcccnl monlhs Mr. Kagarise has started to accusc hcr of rcfusing him moncy. so it is prohahly dcsirahlc that she have some explicil authority 10 act on his behalf. As noted ahove. on any transaclions requiring both signatures, she absolutely needs lhe Court's aUlhorilY, 18, The proposed plenary guardian of lhe estate is 85 years of age and is retired, 19. The proposed plenary guardians have no interest adverse to the alleged incapacitated person except for the inherent ones that they are his heirs at law, 20. The consents of the proposed plenary guardians are attached as Exhibits "A" and UBI!. 21. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person, 22. 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 Russel Kagarise, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why he should not be adjudged a fully incapacitated person, and Sandra M. Philpott be appointed plenary guardian of his person and Lois Kagarise be appointed plenary guardian of his estate. Sandra M. Philpott Petitioner 5 EXHIBIT "B" IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPIIANS' COURT DIVISION NO. ESTATE OF RUSSEL KAGAR1SE AN ALLEGED INCAPACITATED PERSON CONSENT OF GUARDIAN OF ESTATE I, Lois Kagarise, hereby consent to act as the Guardian of the Estate of Russel Kagarise. I reside at Apt. 1-114,1426 Bradley Drive, Carlisle, Cumberland County, Pennsylvania 17013. 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 Russel Kagarise, the alleged incapacitated person. o<~ ?n eP~P' Lois Kagarise 0 ~;J:tF'('~, . , , " ";!;::!:~;fY:',,;, ' . ~{~t{ti~,,}. ", ~\.:"");:'"'-''''' . ~ -"');-;'-LU~"'-""- - -"\_~' ,i~J~.fJr;~;~;~ ~ ., ':;'ll:f~I;;:,~,Ul'\ ~ ...4' , "&t~""~.~~\'t:::)' '5'~ .. ~~~ii1' -;- 'tt: tn.~' ~"":1lI;t,,,.., . ',qo% ' '~', <Jil:",.,= ,:.,_' ' ~' '_"10,0.1-.; h! Q; <. ..";' ~;"; i lLJ ,J > ii:p'!.r'Mi'" ~",;., ...? z~ c:!!i ,I" 1....... ' ,,~j~~;t<':~~:r.ili~~ :'. :', .., -,,. ." 'ii,~~J',i!i~ , ":f'iI'U~~f";r~,",..i-;",r~..,:> j ~;J~-C'-lt,:~~:j?t.,."" ,t~"',,' ,.;'J;:la,': ,...,\1. 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