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HomeMy WebLinkAbout97-00158 -. \ 1"'- 0- \ ..... '1 % .I . .e 0 z '" ..... B. Augustine Hyman was in the Military, 9. ~Ihe Petitioner asks tha t Neighborhood servIces of Lancaster. Inc. located at 100 South Qu~en Street. Lancaster. PA 17603 be appointed as limi ted 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 Augus tine Hyman. 12. There are no family members or close friends of Augustine Hyman 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. Augustine Hyman lacks the mental capacity necessary to appoint a power of attorney, 14. No Court has ever received jurisdiction in a proceeding to determine whether Augustine Hyman is incapacitated. 15. Augustine Hyman does not already have a guardian. 16. Because of his impaired mental condition, Augustine Hyman lacks the capaci ty to provide for his own general care, maintenance and custody, lacks the capaci ty to des ignate for himself a place to live and lacks the capaci ty to provide on his own behalf required consents or approvals necessary for the well being of his person. 17, Augustine Hyman is incapacitated as defined in Chapter 55 of the Probate, Estates and Fiduciaries Code, lB. 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 Herve as limited guardian of the person is attached hereto as Exhibit "A". 20, The Estate of Augustine Hyman consists of assets valued at less than $2,000,00. Augustine Hyman receives $485,00 per month in Social Security and $74,00 from the Veterans Administration. 21. In order to establish by way of qualified expert medical testimony the incapacity of Augustine Hyman, a deposition of Dr. Donald B. Freedman has been scheduled for March 31, 1997 at B: 00 a ,m. in the Sub -Acute conference room at Blue Ridge Haven Convalescent Center West, 770 poplar Church Road, Camp Hill, PA 17011. . " 1""\ ..~~ 1.') N ~ ~ i:i -.. 0- () <.~ ~.- ;;, ";) ~ , r1.- '.J ~ '::i , " ,1.1 ,,, Q) /.l \") ~a &:: w p; 0:: Ix: .. ...r"--_'''"#''~''_'_''' a. AUgustine Hyman was in the Military. 9. The peti tioner asks that Neighborhood Services 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 person if the need in the future should ever arise and for t.he purpose of making funeral arrangements for the alleged incapacitated person. 11, 'rhe proposed Guardian has no interest which is adverse to Augustine Hyman. 12. There are no family members or close friends of Augustine Hyman 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, Augustine Hyman lacks the mental capacHy necessary to appoint a power of attorney. 14. No Court has ever received jurisdiction in a proceeding to determine whether Augustine Hyman is incapacitated. 15. Augustine Hyman does not already have a guardian. 16. Because of his impaired mental condition, Augustine Hyman lacks the capacIty to provide for h.i.s own general care, mdntenance and custody, lacks the capaci ty to designate for himself a place to 11 VB and lacks the capaci ty to provide on his own behalf required consents or approvals necessary for the well J j :1 i 1-01 I I ! I 'I I I being of his person. 17. Augustine Hyman 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 Augustine Hyman consists of assets valued at less than $2,000,00. Augustine Hyman receives $485.00 per month in Social Security and $74.00 from the Veterans Administration. 21. In order to establish by way of qualified expert medical testimony the incapacity of Augustine Hyman, 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, 1 i~ 2 3 4 5 6 7 8 9 10 11 12 (""1 .13 14 15 16 17 18 19 20 21 22 23 ,l".. 24 I....J 25 3 MR. YOFFE: Dr. Freedman, this i~ the time and place set for. a deposition in reference to August Hyman, an alleged incapacitated person. DR, FREEDMAN: His name is Augustinellyman. MR. YOFFE: What did I say? DR. FREEDMAN: August, MR. YOFFE: I'm sorry. Augustine Hyman. PRo FREEDMAN: He would correct you. DONAI,D B, FREEDMAN, M.D" called as a witness, being duly sworn, testified as follows: EXAMINATION BY MR. YOFFE: Q Dr. Freedman, for thll 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. -, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 \...) -'--1- 7 A When asked his ago he told me 34. He thought the president was Mr, Wilson, did not know the date, the time or the place in which he resides. And similar questions he gave me answers that made me believe that he had poor short-term or long-term memory. Q Did Mr, Hyman give accurate responses to any of your questions? A No. Q Were you able to perform a mini-mental health exam on Mr. Hyman? A No. Q Why not? A He was too confused. Q Was the stroke that Mr. Hyman suffered his most severe physical ailment? A It was his most severe physical ailment. Q Now the arteriosclerosis is really separate from the stroke, is it not? A No. I think it was the cause of the stroke. I think arteriosclerosis caused the stroke as well as the cause of his dementia both due to -- the dementia due to chronic increase in cerebral arteriosclerosis and the stroke due to a Budden decrease in the circulation to his brain. Q Now the senile dementia, is that another source of dementia which is happening alongside of the dementia 1 ("""'I 2 3 4 5 6 7 8 9 10 11 12 "''''l", 13 14 15 16 17 18 19 20 21 22 23 24 , ) 25 ~-----_._-~---_.-"--~--"_.~--~_._-- 11 COUNTY OF DAUPHIN ss COMMONWEALTH OF PENNSYINANIA 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 foregoing 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 typewriting 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 15th day of April, 1997, 1 , she~J)t ~~i ~a~l;(l:L__'- Notary Public My commission expires on August 28, 1999. NOlarlol Sool Sharrl A. Rullano, Notary PubllO Harrisburg, Douphln County My Commission [,plroS Aug, 26, 1999 MOl "bar, pllIl'1t1\'IVar," AisodalIOn of NcWriaI \~ AUGUSTINE HYMAN, an alleged incapacitated person IN 1'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-97"158 IN REI ~ 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 Augustine Hyman was served with a Citation and NDtice of this hearing on February 27. 1997. and was present at the hearing, the Court finds the following from the testimonYI 1. That Augustine Hyman suffers from dementia. Such condition partially impairs his capacity to meet essential requirements for his physical health, maintenance and safety, 2. That there are insufficient ~upports available to assist Augustine Hyman in overcoming such limitations and that there exists no less restrictive alternative mechanism for decision making than the appointment of a limited guardian of the person. 3, That based on the incapacity of Augustine Hyman to receive and evalucllte information and to make or communicate decisions. a limited guardian of the person is required on a permanent basis, NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED. ADJUDGED and DECREED that Augustine Hyman be and is hereby adjudged an incapacitated person and that Neighborhood Services of Lancaster, Inc.. is appointed limited guardian of the person, (" c AUGUSTINE HYMAN, I\n alleqed incapscitat.ed person IN THE COUR'r OF COMMON PLEAS OF CUMBERLAND COUNTY / PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-97 -158 IN REI PR09F OF SERVI~ The undersiqned certifies that on the 5th day of May 1997 she served 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 Center West 0.." ~" f!..<;lJ A:KJ IBerns tei-n'. Social Worker ~~ '-cl' =o$' .~ :' ~~l , . ' !! '"j, ~ - W "0 -. , .0 (Ji '.' ,I;. -~ -.