HomeMy WebLinkAbout97-00160
At the hearing, you have the right to appear, to be represented
by an attorney, and to request a jury trial. If you do not have an
attorney, you have the right to request the Court to appoint an attorney
to represent you and to have the attorney's fees paid for you if you
cannot afford to pay them yourself, You also have the right to request
that the Court order that an independent evaluation be conducted as to
your alleged incapacity.
If the Court decides that you are an Incapacitated Person, the
Court may appoint a Guardian for. you, based on the nature of any
condition or disability and your capacity to make and communicate
deci,sions. The Guardian will be of your person and/or your money and
other property and will have either lImited or full powers to act for
you.
If the Court finds you are totally incapacitated, your legal
rights will be affected and you will not be able to make a contract or
gift of your money or other property. If the Court finds that you are
partially incapacitated, your legal rights w~ll also be limited as
directed by the Court.
If you do not appear at the hearing (either in person or by an
attorney representing you) the Court will still hold the hearing in your
absence and may appoint the Guardian requested.
BYI
Clerk, Orphans' Court
9. The Petitioner asks that Neighborhood Services of
Lancaster, Inc. located at 100 South Queen Street, Lancaster, PA
17603 be appointed as limi tad 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 incapaci ta ted person if the need in the fut.ure
should ever arise and for t.he purpose of making funeral
arrangements for the alleged incapacitated person.
11. The proposed Guardian has no interest which is adverse
to Javenetta Barbee.
12. There are no family members or close friends of
Javenetta Barbee 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, Javenetta
Barbee lacks the mental capacity necessary to appoint a power of
attorney.
14. No Court has ever received jurisdiction in a proceeding
to determine whether Javenetta Barbee is incapacitated.
15.. Javenetta Barbee does not already haV'e a guardian.
16. Because of her impl!ired mental condition, Javenetta
Barbee lacl<;s the capacity to provide for her own general care,
maintenance and custody, lacks the capaci ty 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. Javenetta Barbee is incapacJ ta t.ed as def ined in Chapter
55 of the Probate, Est.ates 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 serve as limited guardian of the person is attached hereto as
Exhibit "A".
20. The Estate of Javenetta Barbee consists of assets
valued at less than $2,000.00.
21. In order to establish by way of qualified expert
medical testimony the incapacity of Javenetta Barbee, a deposition
of Dr. Donald B. Freedman has been scheduled for March 31, 1997 at
B:OO 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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LAW OP,PICl!S
YOPPR & YOPPE, p,C.
SUITE 203 .' 214 SEI'1A1'Il AVENUE
CAMP HILL, PA 17011'
(717) 975.\838
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9. The Petitioner asks that Neighborhood Services of
Lancaster, Inc. located at 100 South Queen Street, Lancaster, PA
17603 be appointed as limited guardian of the porson.
10. petitioner is aSking that the aforesaid be appointed
guardian for the purpose of being able to make medical decisions
for the alleged Incapaci. ta ted 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 Javenetta Barbee.
12. There are no family members or close friends of
Javenetta Barbee who are available and qualIfied t.o serve as
guardian.
13. A Power of Attorney would be a less restrictive
alternative than the appointment of a guardian, however, Javenetta
Barbee lacks the mental capacity necessary to appoint a power of
attorney.
14. No Court has ever received jurisdiction in a proceeding
to determine whether Javenetta Barbee is incapacitated.
15. Javenetta Barbee does not already have a guardian.
JAVENETTA BARBEE,
an alleged incapacitated
person
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
IN REI
NO. 21-97-160
On the petition of Blue Ridge Haven Convalescent Center West:
NOTICE REGARDING R!PRESENTATION OF ALLEGEDINCAPACITATBD PERSOH
TO THB HONORABLE GEORGE E. HOFFER:
In conformity with the statute, 20 Pa.C.S. S5511(a), please
take notice that counsel has not been retained by or on behalf of
the alleged incapacitated person, and that the hearing to determine
this matter is scheduled on May 5, 1997 at 9: 30 a .m. at the
Cumberland County Courthouse.
Date: Lfl2~f Ie! 7
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, effrey . Yoffe. Esquire
"Attorney for Blue Ridge Haven
Convalescent Center West
214 Senate Avenue. Suite 203
camp Hill. PA 17011
(717) 975 -1838
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THE DEPONENT
Donald B. Freedman, M.D.
;I,
I N 0 E X
EXAMINATION
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Currently -- and I have been the medical director for many
years at Blue Ridge Haven West as well as another facility.
And in that capacity until my retirement from active
practice six years ago, I had appreciably more contact with
individual patients.
Since that time, my direct contact is minimal.
But my responsibilities for approximately 350 patients are
still great because of my present activities as medical
director.
Q Before six years ago, did you come into contact
on a daily basis or at least several times a week with older
adults who suffer from mental incapacities?
A Yes.
Q Was that a fairly common occurrence in your
practice?
A Yes.
Q And again, do YOIl feel that at the present time
based on your past and your training and experience that you
are presently able to evaluate the mental incapacities that
exist or may exist 'in an older adult?
A Yes.
Q Dr. Freedman, have you had an opportunity to
review the medIcal records of Javenetta Barbee?
A I have.
Q How old is Ms. Barbee?
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A Poor. Unable to make simple decisions I'm sure.
Q Does she suffer from some degree of dementia?
A She suffers from moderately-severe dementia.
Q Is she at all able to rationally carryon a
conversation?
A No.
g Were you able to perform a mini-mental health
eKam on Ms. Barbee?
A No.
g What -- and I'll ask this question. Why not, Dr.
Freedman?
A She's unable to comprehend simple instructions.
Q What is her prognosis for the future?
A Poor.
Q Can Ms. Barbee make medical decisions on her own
behalf based on rational and logical thought processes?
A No.
Q Can Ms. Barbee make decisions concerning her own
health and safety based on rational and logical thought
processes?
A No.
Q Can Ms. Barbee adequately plan for her own
funeral?
A No.
Q Dr. Freedman, in your opinion do you recommend
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(The deposition concluded at 9:04 a.m.)
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COUNTY OF DAUPHIN
55
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 foregoing is the testi~ony 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 i
~he~U ~I:, ie~t~~:r<-~:-
Notary Public
My commission expIres
on August 28, 1999.
NOl;lfial So~l
Shorr! A. POiIJI111, Notary Publlo
Harrisburg, Dauphin County
J,! ComnlisSll;on UplflJS Aug. 28, 1090
1~;.:;)~YlYan;;;'~ofNotoJrio!J
IN REI
'I
JAVEN~TTA BARBEE.
an aUe;lId ,inollpaoitatad
parson
IN THE COUR'r OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA,
ORPHANS' COURT DIVISION
NO. 21'9'7-160
FINAL ORDER OF COURT APPOINTING GUARDIAN
AND NOW, this 5th day of May, 1997, a hearing in this case havin;
been held on May 5, 1997, and it appearing to the Court that Javenatta
Barbee was served with a Citation and Notlce of this hearing on February
27, 1997, and was present at the hearing. the Court finds the fOllowing
from the testimony:
1. That Javenetta Barbee suffers from dementia. Such condition
partially impairs his capacity to mest essential requirements for her
physical health, maintenance and safety.
2. That there are insufficient supports available to assist
Javenetta Barbee 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. 'l'hat based on the incapacity of Javenetta Barbee 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 on the clear and convincing evidence
sUPPorting the foregoing findings, it is ORDERED, ADJUDGED and DECREED
that Javenetta Barbee 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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e. liggJncapacitated person has becnliving there _,-'..2'--..:J:.-L/.'...K-l.__.__
If the incapacitated person moved within the past y(~ar, state fi'oll1 where and the reason for the change
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f. Please provide a brief description of the incapacitated person's living anangements
and the social, medical, psychological and other SllPP011 services helshe is receiving:
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uJ-rn. /W~/JIJL ~\? .. '.1':':a.L!.J.~..:.l2t.Ld.t.AA / :/'yl'd-.t'IJU.?J;;,.?"ff,<:Ji!/t'd.tJJ",
g. I rate his/hit' living arrangement at: .'Ii 1~',/J(/Z, AI< ~r! t u,r'a ,,,;c,, ,,/t: .:.'
Excellent Above Average ! Average Below Average
Explain:.:d~.LLA.. d.. ~.~~,: .lk'e2t..t1.-,,'V,K;!~/~:dLLt ldad",
/j1.-tL-"'.' ,L/{';/ t!ht~dl"H.tQ.. 1l'-(1',;{' d f/..(t:l Nlup .9/ /I{'i'l1A..I./'~fJ Lkl 'd~
'b.t.J( (,! d. /I Q~ ~..t..'(lt)U ..1(-~
h. I believe he/shas:
1. content with the living situation
unhappy with the living situation
X unaware of the living situation
5, PhYsical health:
a, CUI1'ent physical condition of the incapacitated person is:
__ Excellent L Good _ Fair __ Poor
b, Hislher major physical health problems are as follows:
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c. During the past year, hislher physical condition hus
-L. remained the same
improved. Explain:
worsened, Explain:
d, During the past year, he/she received the following medical treatment
(iJlclude check-ups and dental work):
~ Ailment Type ofTre<\l~ Doctor's Name
---- ---_.-.--~-,
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I certify under the penalties of 18 Pu,C.S. ~ 4904 (relating to unsworn falsification to authorities) that
the information contained in this repott is true l\nd correct to the best of my knowledge, infonnation and
belief.
J!lu
Signat
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~~ ~fthe Guardian of~t~~n
Date: 0.fCJA~ (" &. ~ .d t) () 0
)k1(l'~)or;(dO'/ <rv'ic"eS
Name: ;It /'/1f?;-''' ~f. ~c.;? 0' )
Address: ffi l . ~ ",;>
jjjp,~;( -4~~
l d I~ /' ,..; ~</;~~/ti,l '7/o~g"/'57'3
Phone: (home)
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(work)
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