HomeMy WebLinkAbout97-00168
At the hearing, you have the right to appear, to be represented
by an attorney, and to l"equest 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 na.ture 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 totally incapacitated, your legal
rights will be affected and you will not be able to make a contract or
gi.ft 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 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.
By;
Clerk, Orphans' Court
8. Milton Mayo was never in the Military Services and is
not receiving benefits from the United States Veterans
Administration.
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 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 Mil ton Mayo.
12. There are no family members or close friends of Milton
Mayo 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, Milton
Mayo lacks the mental capacity necessary to appoint a power of
attorney.
14. No Court has ever received jurisdiction in a proceeding
to determine whether Milton Mayo is incapacitated.
15. Milton Mayo does not already have a guardian.
16. Because of his impaired mental conditIon, MHton Mayo
lacks the capacity to provide for his own general care, maintenance
and custody, lacka 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. Milton Mayo 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 Milton Mayo con&ists of assets valued at
less than $2,000.00. Milton Mayo receives $479.00 per month in
Social Security.
21. In order to establish by way of qualHied expert
medical testimony the incapacity of Milton Mayo, a depoaition 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
C\ 2
3
4
5
6
7
8
9
10
11
12
(""") 13
'...,,;1
14
15
16
17
18
19
:.!O
21
22
23
24
25
3
MR. YOFFE: Dr. Freedman, this is the time and
place Bet for a deposition in reference to a guardlanship
petition filed on behalf of Milton Mayo, an alleged
incapacitated person,
DONALD B. FREEDMAN, M.D., called as a witness,
being duly sworn, testified as followsl
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 Uni versity 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
.------~
~
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
-------....-.-.-..---------------
5
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.
o 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.
o Was that a fairly common occurrence in your
practice?
A Yes.
Q And again, do you feel that at the present time
based on your past and your training and experienc~ that you
are pr~sently 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 Mr. Mayo?
A Yes.
Q How old is Mr . Mayo?
A Mr. Mayo is 70.
Q Did you have an opportunity to examine Mr. Mayo?
A Yes. January 31st, 1997 and March 27th, 1997.
Q When you examined Mr. Mayo, did you arrive at a
diagnosis as to his mental and physical condition?
1
("'""" 2
3
4
5
6
7
8
9
10
11
12
,"':;IJ,.'",- 13
)
14
IS
16
17
IB
19
20
21
22
23
24
'"....)
25
~__,____~_,~~~_'~__'~_M____~_~_~_'.'________~_~""___~__-_.~~--
11
COUNTY OF DAUPHIN
fJS
COMMONWEAI,Tli OF P~~NNSYl.vANIA I
!, Sherr~ 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
Sherr! 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 -, f
.~'. 1,Lt' 1(1' \.("U'"
Sherri A. Reitano
Notary Public
My commission expires
on August 28, 1999.
~' Notarial SORI
Sherrl A, RAllnno, N9IAQ' Publlo
Harrisburg, flilUpliln County
'My Comrnjs5~OI\ 1.;(!Jlros Aug. 28, 1999
,--~_.. olNo\allOS
i~hHlltx.tl, ponnsyl"arll8!\ss(X:lat1on
B. Milton Mayo was never in the Military Services and is
not receiving benefits from the United States Veterans
Administration.
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 purpofle of being able to make medical decisions
for the alleged incapacitated person J.f 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 Milton Mayo.
12. There are no family members or close friends of Milton
Mayo 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, Milton
Mayo lacks the mental capacity necessary to appoint a power of
attorney.
14. No Court has ever received jurisdiction in a proceeding
to determine whether Milton Mayo is incapacitated.
15. Milton Mayo does not already have a guardian.
16. Because of his impaired mental condition, MHton Mayo
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. Milton Mayo 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 serve as limited guardian of the person is attached hereto as
Exhibit "A".
20. The Estate of Milton Mayo consists of assets valued at
less than $2,000.00. Milton Mayo receives $479.00 per month in
Social Security.
21. In order to establish by way of qualified expert
medical testimony the incapacity of Milton Mayo, 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 jUdge Haven
Convalescent Center West, 770 poplar Church Road, Camp Hill, PA
17011.
" )
(
IN REI
IN THE C.OURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MILTON MAYO,
an alleqed incapacitated
person
ORPHANS' COURT DIVISION
NO. 21-97-168
FINAL ORDER OF COURT APPOlm'ING 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 Milton Mayo
was served with a Citation and Notice of this hearing on February 25,
1997, and was present at the hearing, the Court finds the following from
the tsstimony:
1. That Milton Mayo 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 supports available to assist
Milton Mayo 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 Milton Mayo 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 findinqs, it is ORDERED. ADJUDGED and DECREED
that Milton Mayo be and is hereby adjudged an incapacitated person and
that Neighborhood Services of l,ancaster, Inc., is appointed limited
guardian of the person.
foo.brh
,(1/ ,)11/t tr
" e. T.he inc(lpacitatcd person has been living there /, -4r.' .' .
If the incapacitated I:~:~:t:n moved within the past year, statc fi'om where a~th~';:'Cll.:';;'fi;~~he~h;;~g~.:n-
~.\l'::L'.fl:i:.2JU.~!.iLi~___",..___.__.__._m__' _____._______...__.____.____~._...,..
____._____-'.--...~~_~_.__._...n.__'_..____.__.~~_.____~_.___._'_____._...___._~~_..+.._...._.._~
f Please provide a brief description of the incapacitated person's living arrangements
and the social, medical, psychological and other SllppOl1 scrvices he/she is receiving: ____....__
-;;'".um A/I ~lAll . Ii',,) {(I,:;!",'IJ{;' ''';'1 !t;1.,~~1,1,-cI>:r.-..1j~,'7LJ.Y.;d cl" U.-<: d/.' K,<..!-: ;I--!'c::...
I . I (I 7 '
/l'{.~"'Q.;f'/t1J1. ~ /l.1'-tJ,eu'C<:I.tJh,t:L(d.!ti.I-<. UA~If(L'tI/_d..lL_~4/,( _fl.tltdH('/.<f!ilsii(
g, I !'Ute his/her living mTangement at:.' , ~ j1.ft.t/.;. <;,pa.Z;; j~ '!:r'("r'~/,' a (I:, I' r t;~~-:J
EXPI:i~~ellent (d>~~\4::r:tL.i .A v,:~~~'~, /!J~ vBelow~:;r~ 4'\'( 1~~)
aAI.l -<.'./,.4 ,;'.~'" U '. ',';iA.(cI.-"/<'4.'C-'1' .1'; U"fA,--&..lf...-1.'dt:l.&.-L-")
-lli /J .J.I ir"~';~i~~~~~,;-; r1 (y'- V .
content with the living situation
unhappy with the living situation
-X-unaware of the living situation
5, Physical health:
a, Current physical condition of the incapacitated person is:
Excellent Good Fair Poor
b, His/her major physical health problems are as follows:
J4IU~'" /-.-t-( <<.f!...d...ln.u::... (!"J,I~C.l'~~ ,,'A/U..1,/l-..v1~4//"'/d , 11.2.-dI...,4 )<-
, , u -r=-'" I r--
_...i.~l d-l..u~, ,/0.10, J/-CtcJli' L,j(.l~~-t1;1.vld1 /?:I(,- C( jJ cL,p ..K.a....r. t.l.P-r!.ZZ<! lZ L'!"<l/<t;/
. 0' ",1' / --; /
~JA--c-1~""?
c, During the past year, his/hel' physical condition has:
-1- remained the sUlTle
improved, Explain:
worsened, Explain:
d, During the past year, he/she received the following medical treatment
. (include check-ups and dental work):
l2.l!!l: Ailment Type of Ireatment Doctor's Name
2
, ,
IN TIll COllIn 01 Cm,1MON l'L1AS OF ~btA2ard COUNTY,l'J:NNSYLVANIA
'I]
'tl
ORPHANS' COURT DIVISIUN
IN IU(]].~i.bQ~c;:u.,ffQ.m , an incapacitated pcrson FILE No,r:2L:Jllb'O
GlJARDJANOF PERSON ANNUAL REPORT
[20 Pa. C.SA 5521 (c)J
FROMflJ)Af"Jr.I, 200!/:.. TO ~(316t200~.
J. J am the _'-"'Limited ._ Plenary Guardian of the Person of my ward, named above.
2, J was appointed Guardian by Order ofthc Court dated~~ff1:twhiCh ---'-rT was
~0nodifiedbyCoUl10rder(s)dated , _ ' . 'r:,:
3, Js the incapacitated person still living? ~ '
Jfno, answer thc following: U)
(a) Date of Death? . 'i
(b) Place ofDeath?
(c) Name of Administrator or Executor?
(d) Date Guardian of the Person filed the last Annual Report?
~)/~/o tf '.....
4. Jfthe incapacitated person is still living, answer the following questions:
(a) Date Guardian of the Person filed the last Annual Report?
~~~~lT'~p~a~?ress ~c?~~ed person .
~D v W~..&.j~fJh
(c) Current age . Date of birth of incapacitated person
(~/Ir:J~ f
(d) The incapacitated person's residence is:
_ Ward's own residence
_ ~llrsing Home
_ Hospital 01' Medical Facility
_ My home/apartment
Relative's Home
- Boarding Home
(e) The incapacitated person has been living there since ~ J ) / '7lSa- ._
Ifmoved within the past year, state fl'om where and the re~or the change
-~_.
,[I
,~