HomeMy WebLinkAbout97-00155
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SOFFE & yqFFE, p,C,
SUITE 203" 214 SIlNA'1'B AVENUE
CAMP HILL. PA \70n
(7\ 7) 975-\838
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8. Dorothy E. Fry was never in the Military Services and
is not receiving benefits from the United States Veterans
Administration.
9. The Peti tionsr asks tha t Neighborhood Services of
Lancaster, Inc. ~ocated at 100 South Queen Street, Lancaster, PA
17603 be appointed as limited guardian of the person.
10. petitioner is aSking that the aforesaid be appointed
guardian for the purpose of being able to make medical decisions
for the alleged incapacitated person if the need in the future
should ever arise and for the purpose of making funeral
arrangements for the alleged incapacitated person.
11. The proposed Guardian has no interest which is adverse
to Dorothy E. Fry.
12. 'l'here are no family members or close friends of Dorothy
E. Fry who are available and qualified to serve as guardian.
13. A Power of Attorney would be a less restrictive
alternative than the appointment of a guardian, however, Dorothy E.
Fry lacks the mental capaci ty necessary to appoint a power of
attorney.
14. No Court has ever received juriSdiction in a proceeding
to determine whether Dorothy E. Fry is incapacitated.
15. Dorothy E. Fry does not already have a guardian.
16. Because of her impaired mental condit.ion, Dorothy E. Fry
lacks the capacity to provide fer her own Qeneral care, maintenance
and custody, lacks the capacity to desiQnate for herself a place to
live and lacks the capacity to provide on her own behalf required
consents or approvals necessary for the well being of her person.
17. Dorothy E. Fry is incapacitated as defined in Chapter
55 of the Probate, Estates and Fiduciaries Code.
18. The proposed guardian, Neighborhood Services of
Lancaster, Inc.. is in the business of providing guardianship
services and is qualified to serve as guardian.
19. The consent of Neighborhood Services of Lancaster, Inc.
to serve as limited guardian of the person is attached hereto as
Exhibit "A".
20. The Estate of Dorothy E. Fry consists of assets valued
at less than $2,000.00. Dorothy E. Fry receives $413.00 per month
in Social Security.
21. In order to establish by way of qualified expert
medical testimony the incapacity of Dorothy E. Fry, a deposition of
Dr. Donald B. Freedman has been scheduled for March 31, 1997 at
8:00 a.m. in the Sub'.Acute conference room at Blue Ridge Haven
Convalescent Center West, 770 poplar Church Road, Camp Hill, PA
17011.
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IN REI
IN THE COURT OF COMMON PI,EAS
OF CUMBERLAND COUNTY,
PENNSYINANIA
ORPHANS' COURT DIVISION
DOROTHY E. l"RY,
an alle~ed incapacitated
person
NO. 21-97-155
FINAL ORDER OF COURT APPOINTING GUARDIAN
AND NOW, this 5th day of May, 1997, a hearing in this case having
been held on May 5, 1997, and it appearing to the Court that Dorothy E.
Fry was served with a Citation and Notice of this hearing on February 26,
1997, and was present at the hearing, the Court finds the following from
the testimonYI
1. That Dorothy E. Fry suffers from dementia, Such condition
partially impairs his capacity to meet essential requirements for her
physical health, maintenance and safety.
2. That there are insufficient supports available to asoist
Dorothy E. Fry in overcoming such limitations and that there exists no
less restrJ,ctive alternative mechanism for decision making than the
appointnll~nt of a limited guardian of the person.
3. That based on the incapacity of Dorothy E. Fry to receive and
evaluate information and to make or communicate decisions, a limited
guardian of the person is required on a permanent basis.
NOW, THEREFORE. based 011 the clear and convincing evidence
supporting the foreqoing findings, it is ORDERED, ADJUDGED and DECREED
that Dorothy E. Fry be and is hereby adjudged an incapacitated person and
that Neighborhood Services of Lancaster, Inc., is ,appointed limited
guardian of the person.
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8. Dorotl1Y E. Fry was never in the Mili.tary Services and
is not receiving benefits from the United States Veterans
Administration.
9. The Pet! tioner asks tha t Neighborhood Se:!:'vices of
Lancaster, Inc. located at 100 South Queen Street, Lancaster, PA
17603 be appointed as limited guardian of the person.
10. Petitioner is asking that the aforesaid be appointed
guardian for the purpose of being able to make medical decisions
for the alleged incapacitated personlf the need in the future
should ever arise and for the purpose of making funeral
arrangements for the alleged incapacitated person.
11. The proposed Guardian has no interest which is adverse
to Dorothy E. Fry.
12. There are no family members or close friends of Dorothy
E. Fry who are available and qualified to serve as guardian.
13. A Power of Attorney would be a less restrictive
alternative than the appointment of a guardian, however, Dorothy E.
Fry lacks the mental capacity necessary to appoint a power of
attorney.
14. No Court has ever recoi ved jurisdiction in a proceeding
to 'detennine whether Dorothy E. Fry is incapacitated.
15. Dorothy E. Fry does not already have a guardian.
16. Because of her Impaired mental condItion, Dorothy E. Fry
lacks the capacity to provide for her own general care, maintenance
and custody, lacks the capacIty to designate for herself a place to
live and lacks the capacity to provide on her own behalf required
consents or approvals necessary for the well being of her person.
17. Dorothy E. Fry is incapacitated as defined in Chapter
55 of the Probate, Estates and Fiduciaries Code.
18. The proposed guardian, Neighborhood Services of
IJancaster, Inc., is in the business of providing guardianship
services and is qualified to serve as guardian.
19. The consent of Neighborhood Services of Lancaster, Inc.
to serve as limited guardian of the person ia attached hereto as
Exhibit "A".
20. The Estate of Dorothy E. Fry consists of assets valued
at less than $2.000.00. Dorothy E. Fry receives $413.00 per month
in Social Security.
21. In order to establish by way of qualified expert
medical testimony the incapacity of Dorothy E. Fry, a deposition of
Dr. Donald B. Freedman has been scheduled for March 31, 1997 at
8:00 a.m. in the Sub-Acute conference room at Blue Ridge Haven
Convalescent Center west, 770 poplar Church Road, Camp Hill, PA
17011 .
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DO\'tQTHY E 0 FRY,
an alleQed incapaoitated
person
I IN THE COURT OF COMMON PLEAS
1 OF CUMBERLAND COUNTY,
I PENNSYLVANIA
1
1 ORPHANS' COURT DIVISION
.1
I NO. 21.97-155
IN REI
PROOF OF SERVICE
The undersigned oertifies that on the 5th day of May 1997 she
BI!lrved and read to the above captioned incapacitated person the
Guardianship Order. which was entered by the Court in this matter on May
5, 1997.
. Blue Ridge Haven Convalescent Cent.er West
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Social Worker
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MR. YOF'FEI Dr. Freedman, this is the time and
place set for a deposition in reference to Dorothy E. Fry
who allegedly is an incapacitated person.
DONALD B. FREEDMAN, M.D., called as a witness,
being duly sworn, testified as follows:
EXAMINATION
BY MR. YOFFEI
Q Dr. Freedman, for the record can you state your
full name, please?
A Donald B. Freedman, F-R-E-E-D-M-A-N.
Q Dr. Freedman, what is your office address?
A My office address is 890 Poplar Church Road and
that's the Medical Arts Building in Camp Hill.
Q Where did you go to medical school?
A University of Pennsylvania.
Q What year did you graduate?
A 1948.
Q Did you do an internship after medical school?
A Internship at the Harrisburg Hospital.
Q D.td you do a residency after your internship?
A I started at the University of Pennsylvania
Graduate School of Medicine in 1949 and '50 and in their
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diagnoals as to her mental condition?
A Yes. This lady has cerebral arterioBclerosls
that's caused a paralysis of her left arm and leg and
complete motor aphasia. It is an inability to speak.
Q The cerebral arteriosclerosis, is that causing
damage to her brain?
A It's caused a significant amount of dementia.
8 Q So would it be fair to say that Ms. Fry has
9 dementia as well as an inability to speak?
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A Yes.
Q So, Dr. Freedman, it is possible for a person not
to be able to speak but suffer from no dementia at all?
A Absolutely.
Q But here you're saying that both exist?
A Yes.
Q Were attempts made to communicate with Ms. Fry
other than by speaking with her?
A No.
Q If Ms. Fry did not suffer from dementia in
addition to her inability to speak, would It be fair to say
that she could write you a note in response to your verbal
questioning?
A That's true.
Q Okay. In your opinion, Dr. Freedman, what is the
capacity of Ms. Fry's short-term memory?
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She requires help feuding and other daily
activltles. And beca~se of this observation and her answers
to questions on two occasions, I'd say that she's only
moderately demented.
Q Would it be fair to say moderate dementia is more
severe than slight dementia?
A Yes.
Q In your opinion, Dr. Freedman, can Dorothy Fry
make medical decisions on her own behalf based on rational
and logical thought processes?
A No.
Q In your opinion, Dr. Freedman, can Dorothy Fry
make decisions concerning her own health and safety based on
rational and logical thought processes?
A No.
Q Can Dorothy Fry adequately make her own funeral
arrangements?
A No.
Q Do you have an opinion, Dr. Freedman, as to
whether a guardian should be appointed for Dorothy Fry?
A Yes, 1 do have an opinion.
Q And what is that opinion?
A I think she should have a guardian.
Q And why do you have that opinion?
A Because of her inability to comprehend, her
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11
COUNTY OF DAUPHIN
ss
COMMONWEALTH OF PENNSYLVANIA
I, Sherri A. Reitano, Notary Public, authorized to
administer oaths within and for the Commonwealth of
Pennsylvania and take depositions in the trial of causes, do
hereby certify that the f.oregoing is the testimony of
DONALD B. FREEDMAN, M.D.
I further certify that before the taking of said
depositions, the witness was duly sworn; that the questions
and answers were taken down stenographically by the said
Sherri A. Reitano, Notary Public, approved and agreed to,
and afterwards reduced to typewritlng under the dIrection of
the said Reporter.
I further certify that the proceedings and evidence
are contained fully accurately in the notes taken by me on
the within depositions, and this copy is a correct
transcript of the same.
In testimony whereof, I have hereunto subscribed my
hand this l5th day of April, 1997.
" YL~ II i i( l{~!c"
Sherri A. Reitano
Notary Public
My commission expires
on August 28, 1999.
I' NoWlal S..I
1 Shorrl A Hnltollo, Notary Publlo
Hamt;ll\Jfg, D llJrhln County
\ t._~y ~~~,~,~:I.~O!l Aug. 28, 199~
1.1.!lliOOI', PennsyMllliOfI.sso:jatklr\ ~ NotariOS
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c. Thc incapacitated person has been living tlwre
s1l1ce ____~l..~l'!c..,:~;;..L.(l...
If the incapacitated pcrsonl11('vcd withinlhc pasl year, stnle ti'olll where and the rcason for the chllnge
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f. Please provide II brief description of the incapacitated person's living lll1'UngC1l1cnt!;
and the social, medical, psychological and other suppot1 s.erviccs he/she is receiving: ____.__,..__._.__
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1" A.,.. M7'lI . 1/./ ~l 1"1 (' A;L{.!.. . .<1.' ).", /",.1( .Jf(/ .t~ ~-'-;w,.;d"...:' <'.f'( .2^fAJ d ~.!,~( yo
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[; g. I rate his/her living arTUnge1l1ent at: ./f{. lJ4 17.u'( ,,(, V"/f j.> (L'r' {/ ~'.(:f''i:t'(.., .r
_ Excellent_ Above Average -4- Average __, Below Average
Explain: ...,.kt~LJ~'..L. -.:.~ j(, 0:1.4/"'-"'1/ ,t.,e~.!-;;rtl:1[1)(Z.~t.Lld.:/<6
)1.\;~A;t ,:/ c!."I-~/!/t~(/;H(f^U;/ )''lJNA.ii~-''<,4/J.I-(' "dI.A.,d"U(;:j /\L>l..(u',,'" ('''I :1.t! "L'fr
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h. I believe he/she is: J
L content with the living situation
unhappy with the living situation
unaware of the living situation
Physical health:
a. Cunent physical condition of the incapacitated person is:
Excellent J- Good Fair Poor
His/her major physical health probleJTlS are as follows:
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c. During the past year, his/her physical condition has:
-4- remained the same
_ improved. Explain:
worsened. Explain:
d. During the past year', he/she received the following medical treatment
(include check-ups and dental work):
Thili< Ailment Tvpe of Treatment QQctor's Name
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I certify under the penalties of 18 Pa.C.S. fi 4904 (relating to Wlswom falsification to
authorities) that the infonnation contained in this report is true and correct to the best of my
knowledge, infonnation and "eHef
DATE: ;/-..1t'J -4/
Signature of the Guardian of the Persqn
Name~~:6~Ab Phone: (home)
Address" . (work) 7/ 7 ~7ftf' - J.:2.dr
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e. The incapacitated person has been living there .~ ..; '5 C' c .'
sroce _Il c. 0, I ( f W.___
lfthe incapacitated person moved within the past year, state fi'om where and e reason for the change
f. Please provide a brief description of the incapacitated person's living arrangements
and the social, medical, ps~chological and other support services he/she is receiving. /I }l;cl
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if (/ g"Ji" I rate his/he living arrangement at: /
Excellent Above Average _ Average Below Average
Explain:
h. I believe he/she is:
~ content with the living situation
unhappy with the living situation
unaware 0 f the living situation
5. Physical health:
a. Current physical condition of the incapacitated person is:
Excellent L Good Fair Poor
b His/her major physical health problems are as follows:
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c. During the past year, his/her physical condition has:
JL- remained the same
improved. Explain:
worsened. Explain:
d. During the past year, he/she received the following medical treatment
(include check-ups and dental work):
~ Ailment
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iN TIll' ccn IIn OJ COMf\1ON 1'1 !-AS (1I ~btJ/2wd. COlINTY, !'FNNSYLV ANIA
O]{I'JiANS' ('0\ II\.I DIVISION
IN RE: Q~~~__, an incapacitall,d pcrson FILE N<li2LC}Z.g$6--
GUAlWIAN OF PERSON ANNUAL REPORT
[20 Pa. C.SA 5521 (c)]
FROf\~3fJ200.i T(~~ 2005-
I. I am the _~imi1ed __ Plenary Guardian of the 'erson of my ward, named above.
2. ~inted Guardian by Order of the Court dated ?which ~ was
. 'as no nodified by Court Order(s) dated _. :
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3. Is the incapacitated person stillliving?~_~____ . ," "
Ifno, answer the following: 'i'! I
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(a) Date of Death? ____ ,','
(b) Place ofDeath? ..; . . ,
(c) Name of Administrator or Executor?~~;..r,..;
(d) Date Guardian of111e Person filed the last Annual Report? -'-~~
4. If the incapacitated person is still living, answer the following questions:
(a) Date Guardian ofthe Person filed the last Annual Report?~S~o~'y _
B)~nt address of 1e incap~i te p rson .
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(c) Current age __.__ Datc of birth of incapacitated person 10/ 'f) / 7d $/_
(d) The incapacitated person's residence is:
Ward's own residence _ My home/apartment
_ <--Nursing Home Relative's Home
__ Hospital or Medical Facility ._ Boarding Home
(e) The incapacitated person has been living there sinc;hIl~;3D--I-/99 ~__
If moved within the past year, state from where ~nd'tf;e reason for the change
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