HomeMy WebLinkAbout97-00164
At the hearing, you have the right to appear, to be represented
by an attorney, and to requeYta 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 hewe the attorney's fees paid for you if you
cannot afford to pay them youreelf. 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 pereon, the
Court may appoint a Guardian for you, based on the nature of any
condition or disability and your capacity to make and communicate
decisions. 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 totelly incapacitated, your legal
righte 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 will also be limited as
directed by the Court.
If you do not appear a t the hearing (ei ther in person, or by an
attorney representing you) the Court will still hold the hearing in your
absence and may appoint the Guardian requested.
By:
Clerk, Orphans' Court
7. Warren Hess has a sister who is probably over eighty
years old and whose whereabouts and identity are believed to be
known by the Petitioner. petitioner is not including the name and
whereabouts of this sister because Petitioner has been threatened
with legal action if they ever contacted the sister in reference to
Warren Hess. peti tioner can represent that when they were
attempting to communicate with the sister, the sister never made
any efforts to communicate wi th the Pet!. tioner or wi th Warren Hess.
8. Warren Hess served in the Army from 1942 to 1945.
9. The peti tioner ask,s 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 fut.ure
should ever arise and for the purpose of making funeral
arrangements for the alleged incapaci tated person.
11. The proposed Guardian has no interest which is adverse
to Warren Hess.
12. There are no family members or close friends of Warren
Hess who are available and qualified to serve as guardian.
13. A Power of Attorney would be a less r'estrictive
alternative than the appointment of a guardian, however, Warren
Hess lacks the ment.al capaci ty necessary to appoint a power of
attorney.
.
14. Np Court has ever reoeived jurisdiotion in a proceeding
to (jetermine whether Warren Hess is i.ncapacitated.
15. Warren Hess does not already have a guardian.
16. Because of his impaired mental condi tion, Warren Hess
lacks the capacity to provide for his own general care, maintenance
and ,custody, hcks the capacity to designate for himself a place to
live and lacks the capaCity to provide on his own behalf required
consents or approvals necessary for the well being of his person.
17. Warren Hess is incapaci tated as def ined i.n 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 Warren Hess consists of assets valued at
less than $2,000.00.
Warren Hess receives $1,296.89 per month from
I
a private Railroad pension.
21. In order to establish by way of qualified expert
madical testimony the inoapacity of Warren Hess, 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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1 N D E X
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EXAMINATION
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THE DEPONENT
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Donald a. Freedman, M.D.
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MR. YOFFE: Dr. Freedman, this is the time and
place set for a deposItion in the guardianship case filed on
behalf of the alleged incapacitated person Warren Hess.
DONALD B. FREEDMAN, M.D., called as a witness,
being duly sworn, testified as follows:
EXAMINATION
BY MR. YOFFE:
Q Dr. Freedman, for the record can yO\! 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 Did 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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graduate medical program of internal medicine and then
completed my residency at Harrisburg Hospital over the next
two to three years.
Q Are you licensed to practice medicine in
Pennsylvania?
A Yes.
Q What year did you obtain that license?
A 1949.
Q Are you board certified in any areas?
A No.
Q Dr. Freedman, in your opinion are you qualified
by your own training and experience to evaluate and treat
older adults who suffer from one form of mental incapacity
or another?
A Yes.
Q Dr. Freedman, at present how many older adults
with mental incapacities per month do you come into contact
with in one form or another?
A That's a little difficult to answer specifically.
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.
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But my responsibilities for approximately 350 patients are
still great because of my present activities as medical
director.
a 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.
a Was that a fairly common occurrence in your
practice?
A Yes.
a And again, do you 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.
a Dr. Freedman, have you had an opportunity to
review the medical records of Warren Hess?
A Yes.
a How old is Mr. Hess?
A Seventy-four.
Q Did you examine Mr. Hess?
A Yes.
Q When did you eLamine him?
A January 31st, 1997 and March 27th, 1997.
Q Did you arrive at a diagnosis in reference to
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Mr. Hess' mental condition?
A I did by reviewing the chart as well as direct
examination. And his diagnosis dementia, organic brain
disease. He has a seizure disorder that is controlled and a
personality disorder secondary to organic brain disease that
causes him to be abusive and agitated.
Q Is Mr. Hess oriented to time and place?
A No.
Q You testified that Mr. Hess suffers from
dementia. Would you categorize that dementia as slight,
moderate, or severe?
A Moderately severe.
Q Was Mr. Hess able to complete a mini-mental
health exam?
A No.
Q And why not?
A Mr. Hess is unable to understand to do simple
mathematics, unable to remember the name of this facility or
the president or his age. And I don't think he was
competent enough to do any type of real mini-mental
examination.
Q Doctor, what is a mini-mental health exam?
A Well, this is Ii health exam that primarily is
used to determine at an early stage the beginning of an
Alzheimer or Alzheimer-like disease so that we can predict
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with some degree of certainty that we're dealing with a
stable or a progressive neurologic disease.
Q What are Mr. Hess' primary physical ailments?
A Well, primarily it's his organic brain disease,
unable to understand, remember, do simple mathematics, could
not count two and two.
Q Is he able to verbally communicate with someone?
A Well, not in a rationai fashion.
Q Okay. What is the prognosis for the future?
A Poor.
e Can Mr. Hess make medical decisions on his own
behalf based on logical and rational thought processes?
A No.
Q Can Mr. Hess make decisions concerning his own
health and safety based on logical and rational thought
processes?
A No.
Q Can Mr. Hess because of his mental incapacities
that you just testified to adequately make arrangements for
his own funeral?
A No.
Q Do you think a guardian should be appoi.nted for
Mr. Hess?
A Yes.
Q And why do you testify to that effect, Dr.
1 Freedman?
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Because he's unable to reach logical conclusions
3 or have logical thought processes to fully understand or
4 remember from one moment to the next.
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Can Mr. Hess safely be brought into court?
I would be hesitant about having Mr. Hess come to
7 court because of his agitation and personality disorder. He
B has a history of patient abuse.
9 And I don't think it would cause any physical
10 harm, but I think that he would be emotionally disturbed by
11 appearing in court.
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Q How would that emotional disturbance --
A Agitation, disruption.
Q I see.
A Anger.
Q When you say that he's been abusive to
17 patients -- is that the terminology you used?
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yes.
Q
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Q
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Physically?
Sure.
Okay.
It's not uncommon.
It's not uncommon?
No.
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10
COUNTY OF DAUPHIN
SS
COMMONWEAW.'H 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 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/ ) :'/ '
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S'herri A'. 'Reitano
Notary Public
My commission expires
on August 28, 1999.
Nnl"Hlill SOH I
Shorrl A. Heiluno, Notary Publlo
Hnrrlsbury, D<1upl1ln County
My Commission bplrf-l!1^ug, 26, 1909
'Momi.., r,~As.'lOdn!Ion 01_
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IN R,EI
WARREN HESS,
an alleged incapacitated
person
IN THE COURT O~' COMMON PI,EAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPIlANS' COURT DIVISION
NO, 2]-97.164
FINAL ORDER OF COURT APPOINTING QUA8P..J,JW
AND NOW, this 5th day of May, 199'7, a hOllrlnq in thls cne havinq
been held on May 5, 1997, and it appearing t.o t.he Court. t.hat Warren HellS
was served with a Citation and Notice of this haaring on F'ebruary 27,
1997, and was present at ths hearing. the Court finds the fallowing fro!l\
the testimony:
1. That Warren Hess sufferll from dementia.
Such oondition
partially impairs his capacity to meet essential requirements for his
physical health, maintenance and safety.
2. That there are insufficient supports available to uoist
Warren Hese in overcoming' such limitations and that there exists no leas
restrictive alternative mechanism for decision making than the
appointment of a limited guardian of the person.
3. That based on the incapacity of Warren Hess to receive and
evaluate information and to mak.e or communicate decisions, a limited
guardian of the person is required on a permanent basis.
NOW, THEREFORE, based on the clear and oonvincing evidenoe
supporting the foregoing findings. it is ORDERmO, ADJUDGED and DECREED
that Warren Hese be and is hereby adjudged an incapacitated person and
that Neighborhood Services of Lancaster, Ino., h appointed limited
guardian of the person.
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LAWO~FICES
YOPFIE.& yo,PFE, P,C.
SUITE 203' i 214 $f!'l~ATE AVENUE
CAMP HILL, PA 17011
(717) 975-1838
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7. Warren Hess has a sister. who is probably over eighty
years old and whose whereabouts and identi ty are believed to be
known by the Petitioner.. petitioner is not including the name and
whereabouts of this sister. because Petitioner has been threatened
with legal action if they ever contacted the sister in reference to
Warren Hess. peti tionor. can represent that when they were
attempting to communicate with the sister, the sister never made
any efforts to communicate with the Petitioner or with Warren Hess.
a. Warren Hess served in the Army from 1942 to 1945.
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 incapaci tated 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 Warren Hess.
12. There are no family members or close friends of Warren
Hess who are available and qualified to serve as guardian.
1.3. A Power of Attorney would be a less restrictive
alternative than the appointment of a guardian, however, Warren
Hess lacks the mental capad ty necessary to appoint a power of
attorney.
"
14. NO Court has ever received jurisdiction in a proceeding
to determine whether Warren Hess is incapacitated.
15. Warren Hess does not already have a guardian.
16. Because of his impaired mental condition, Warren Hess
lacks the capacity to provide for his own general care, maintenance
and custody, lacks the capacity to designate for himself a place to
live and lacks the capacity to provide on his own behalf required
consents or approvals necessary for the well being of his person.
17. Warren Hess 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 Neighborllood Services of Lancaster, Inc.
to serve as limited guardian of the person is attached hereto as
Exhibit "A".
20. The Estate of Warren Hess consists of assets valued at
less than $2,000.00. Warren HeSG receives $1,296.89 per month from
a private Railroad pension.
21. In order to establish by way of qualified expert
medical test.i.mony the i.ncapacity of Warren Hess, 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.
The incapacitated personlHL~ bl~en living there .' <'i /
since _b..L.._.i.0_..lZ2-L
If the incapacitated person nloved within the past year, state thlm where and the reason for the change:
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f. Please provide a brief description of the incapacitated person's living arrangements
and the social. medical, psychologicnl and other support sl'rvices he/she is receiving: _________
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~.,. /f1I/J-;LT /JilL ~,.;J;1i.'I'I./ ui.c;;:l -:I't,'//((1d//ft'd~'ff.Y,1.d ~'i"'/{ ~~,f({,4";p/-'1c,
r g. I rate h'1s/her living an'angeinent at: /)"Uf.i.- ,,/'" r .,,,, J,I/Y' ,'ofl.7",,7d,.,' I
_"_ Excellent ___. Above Average ..,X: Average ____ Below Average
ExPlai;: ~<<<~lttft!~C:. '<I JA.'('~(.::tJ'~~t'~.~~- /t/.Y1<1J
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dd-M..,. ~, _-t,. r" .
I h. I believe/she is:
content with the living situation
1 unhappy with the living situation.
unaware of the living situation
Physical health:
a. Current physical condition of the incapacitated person is:
Excellent Good L Fair Poor
. b. Hislher major physical health problems are as follows:
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c. During the past Yl."ar, his/her physical condition has:
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-A- remained the same - 7~+'(L-- '-'-I" y..(:c<I-t.()""7(; (/. /1t!..'t1f!_lL-t~j
improved. Explain: l
worsened. Explain:
d. During the past year, he/she received the following medical treatment
(include check-ups and dental work):
Date Ailment
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~ ofTreatment
Doctor's Name
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