HomeMy WebLinkAbout97-00169
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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 x'equest that the Court order that an
independent evalua tio'll be conducted as to your alleged incapaci ty.
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 decisions. The Guardian will be of your person and/or
your money and other property and will have either limited or full
powers t.o 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 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.
BYI
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Clerk, Orphans' Court
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 the purpose of making funeral
arrangements for the alleged incapa~itated person.
11. The proposed Guardian has no interest which is adverse
to Carrie Deardorff.
12. There are no family members or close friends of Carrie
Deardorff 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, Carrie
Deardorff lacks the mental capacity necessary to appoint a power of
attorney.
14. No Court has ever received jurisdiction in a proceeding
to determine whether Carrie Deardorff is incapacitated.
15. Carrie Dear.dorff does not already have a guardian.
16. Because of her impaired mental condition, Carrie
Deardorff 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.
IN REI
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYINANIA
CARRIE DEARDORFF,
an alleged incapacitated
person
ORPHANS' COURT DIVISION
NO.
PRELIMINARY ORDER OF COURT
AND NOW, this /4 day of February, 1997, in consideration
of the foregoing peti Uon and on motion of Blue Ridge Haven
Convalescent Center West, through their Counsel Yoffe and Yoffe,
P.C. by Jeffrey N. Yoffe, Esquire, it is ORDERED and DECREED that
a citation be awarded, directed to Carrie Deardorff to show cause
why she should not be adjudged an incapacitated person and why a
limited guardian of her person should not be appointed, returnable
/YP.1 5 , 1997 at 51::.)! (j .J..I>>..!p,m, prevailing time.
The time and place of hearing, on the petition for
appointment of a guardian of the person of the alleged
incapacitated person are fixed for fY) QI1 ,!,' , 1997, at CG~
~/p.m., prevailing time, in the Orphans' Court Division,
Cumberland County Courthouse, HarrisburG!, pennsylvania.
''"'
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 Carrie Deardorff.
12. There are no family members or close friends of Carrie
Deardorff 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, Carrie
Deardorff lacks the mental capacity necessary to appoint a power of
attorney.
14. No Court has ever received jurisdiction in a proceeding
to determine whether Carrie Deardorff is incapacitated.
15. Carrie Deardorff does not already have a guardian.
16. Because of her impaired mental condition, Carrie
Deardorff lacks the capacity to provide for her own general care,
maintenanCe and custody, lac.ks t.he 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.
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INDEX
EKAMINATION
3
THE DEPONENT
Donald a. Freedman I M;P,
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MR. YOFFE: Dr. Freedman, this Is the timo and
place set for a deposition in reference to the alleged
incapacitated person of Carrie Deardorff.
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 you state your
full name, please?
A Donald B. Freedman, F-R~E-E-D-M-A-N.
Q Dr. Freedman, what is you~ office address?
A My office address is B90 Poplar Church Road and
that's the Medical Arts Building in Camp Hill.
Q Where did you go to medici:\l school?
A Un! versity of Pennsylvania.
Q What year did you graduate?
A 194B.
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.
o Are you licensed to practice medicine in
Pennsylvania?
A Yes.
Q What year did you obtain that license?
A 1949.
o Are you board certified in any areas?
A No.
o 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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Q Can Ms. Deardorff make decisions concerning her
own health and safety based on logical and rational thought
processes?
A No.
Q Can Ms. Deardorff adeq'Jately plan for her own
funeral?
A No.
g Do you think it is necessary or at least
advisable that Ms. Deardorff have a guardian appointed?
A I do.
Q And why do you testify that way?
A Because of her disorientation and confusion and
inability to understand.
Q Can Ms. Deardorff safely be brought into court on
the guardian -- I'll withdraw the question and rephrase.
There is a guardianship hearing coming up on May 5th of this
year in the Cumberland county Courthouse. Can Ms. Deardorff
safely be brought into court for that guardianship hearing?
A I think she could be safely brought into court;
however, my experience would be that she would be very
confused and agitated and suffer an increased amount of
unnecessary anxiety at age 92.
Q Would it be your preference then, Dr. Freedman,
that Carrie Deardorff not be brought into court?
A Yes.
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9
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 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.
, , ,
\ \, II! t' / i I ((I,lL !:f.'LJ
Sherri A. Reitano
Notary Public
My commission expires
on August 28, 1999.
NOlarlal Seal
Sherrl A, Rellano, Nolary Publlo
Harrisburg, Oecphln County
My Commls~lon Expire, Aug, 28,1999
Member, P!lI1I1SyMv1ia AssocIaIlon of NoIaf'<>s
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IN REI
CARRIE DEARDORFF
an alleqed incapacitated
person
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COUR1' DIVISION
NO. 21.97.169
FINAL ORDER OF COURT APPOINTING GUARDIA!::!
AND NOW, this 5th day of May, 1997, a hearing in thin case havinq
been held on May 5, 1997. and it appearing to the Court that Carrie
Deardorff was served wi th a Ci tation and Notice of this hearing on
February 26, 1997. and was present at the hearing, the Court finds the
following from the testimony:
1. That Carrie Deardorff euffers 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 assist
Carrie Deardorff in overcoming such limitations and that there exists no
less restrictive alternative mechanism for decision making than the
appointment of a limited guardian of tho person.
3. That based on the incapacity of Carrie Deardorff to receive
and evaluate information and to make or communicate decisions, a limited
quardian 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 Carrie Deardorff be and is hereby adjudqed an incapacitated person
and that Neighborhood Services of Lancaster, Inc., is appointed limited
guardian of the person.
I .,
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e. 'r.h~ incapacitated person has been living there I) . ., "
sll1ce tf.:';:A,'~.-!? I ,.., } __
Ifthe incapacitated personllloved within the past year, state from where and the reason for th" chunge:
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f. Please provide a brief description oCthe incapucitated person's living arrangements
and the social, medical, psychologicul and other support services he/she is receiving:
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"'>-cd ~iJ'd;q/J1.1t. /2J.'~.U'iJc" ,'1~R(l...(.(.7ii'd,7'i.;(U/~f"1 /Ni-i.../.,.-1 /...1I!~/.-rdAR/Z
g. I rate-bis/her living anangement ut: ,'!&2d-I-L:~<CJ::Id-4.:., '~'f< /;j2.....V' IC-l'A.<J-,:)'fl:;', >"
,_ Excellent ~_ Above Average 1. Average _ Below Average
Explain .~Lff-#l~-t~I;j,/L&() -db/~/,I [11f1I'XC:>UAf.-c.t.':d'P'kkJ'W('c(;
(4.411/. ltJ.tt1tliAttti~ !llta ,j}.(.(<I/ ' ..1{ A((J;1A"&"(f,IAU1.,-(L'-<') ,....-{."A'/~...,.~'~,
h. I believe he/she is:
content with the living situation
unhappy with the liVing situation
.X unaware of the living situation
5. Physical health:
a. Cunent physical condition of the incapacitated person is:
Excellent .i Good _. Fair __ Poor
b. His/her major physical health problems are as follows:
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~_L:-?1_~.A'~'__'1::.,..t.,..(l.... "'{C1-i-,,lc/~Z/h~_:1--;-,,~~'~~~'''I.:'_'k..7(c/-.' ... _ _ _ _ _
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c. During the past year, his/her physical con<::ition has:
~ 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
Type ofTreatment
Doctor's Name
:;