HomeMy WebLinkAbout81-00191
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4. The ,only ,person who is sui jur:l,s and who wq\.lld be entitled
to share in. the alleged inoompetemt 'a estate should he die intestate
at the presemt til1)e ie hia' natural mother.
. 5.. The gross valuE! of the allegeq inQompetent' s estate.
is less th8n$100. 00 consist:tng exoluliively of his personal olQthing
and effeots.
6. .. The alleged inoompetent 's only souroe ofinoome is a
morithJ.y Sooial seqjlritypayment of $316.70 whioh payment has
been ass:t9ned to the Cl.llllberland County ~ursin9 HOITlS.
7. The alleged inoompEltent was never a member of the Armed
Servioes of the United abates and he is notreoeiving any bene;fits
from the United states Vsterans Administration or its suooessor.
8. Due to the infirmities. o;f old O\ge., mental illness, O\nCl
I"enhl deficienoy I the O\lleged inoompetent is both unable t6
mO\l'lO\ge his property O\nd is liable to dissipO\te it or beoome the
viotim of designing persons, and he also laoks suffioient, oapaoity
to make 'Ql;' oQmmunioate responsible deoi'aions oonoerning his person.
9. It is prbposed, that Marjorie G.warfield al'1cl "lany L.
Grossman be appointed oo-guarclians of the person of, the alleged
inoompetent.
10. The said Harry L. Grossman resides at 70 lllastgate Drive,
camp Hill, I, Pennsyivania, anuis the nep)'lew , of, the auegeClinoompetent.
The said Harry L. GrossmE\n is an, adult individual having been
born on 14 June 1940.
11. The proposed oo-guardians have no interest adverse
to the alleged inoompetent.
12. ~o other' court has ever assumed jurisdiotion in any
prooeeding..t,o determine the oompetency of' the alleged inoompetsnt, I
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INomx or WITNffiBsma
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H~rry R, Brooks, M,D.
'Jaok Albert Spayd'
Maj~rie ~, Warfield
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Harry I.. Gp;>ssn\nn
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Apdl ~, \98l
CarLisle, Pennsylvania
MR. Vl\UGIIN I llooc1 l1\orn1nq,~ Your 1I0nor. NoW iR t.he Umo
fixed py t.he COU1:tr.or a bearing 1n the I1\Ilt:t:or or. Mervi!) I.eroy GrOSSmlln,
Jr., in ,otion i~ 191 Orphanal Court 1901, which is a petition for the
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" appolntment. of II gUardi<ln of the person for Mr,. Grossman,
As part ,9f the ,record todllY 1 would like to Bubmi.t an affi-
davit of service with respect to Viola M. Orossman, who is the natural
,mother of Mr. Grossman. She could not be here today. She 1s aware
of the hoadng.
THE COURTl Do you have an llffidavit of servioe on Mr. Gross-
, man?
MR. Vl\UGHNI Theta is a retUl:n of service in the file. 1,t
was served by the Deputy Sherlff.
THE CQURTI You may proceed.
HARRY R. BROOKS, M. D., called, as a witness I being first
duly sworn according to law, testified ~s follows I
'BY MR. VAUGHNl
Q
A'
Will you state your full name for us, please?
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Harry R. Bi'ooks.
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Where do you reside, Dr. Brooks?
Q
A 541 Bridge Street, NoW Cumberland.
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Q Is it: oorreot to sny that he was bl:\)ught \:0 the Ilome. on
the 25th of Pebru~rYI 1981?
)\ '!'hat'iI> oorreot.
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o How long have you worked in your. prosent position?
A I have been with Cumbar1.and County NUr.sJI1g Ilome, approximflcelv
four. years, inl1\Y l.i,ne .:>f ocoupnt:ion roughly eleven yeflrs.
q po you have any'speo.tal funotion a\:\:he Home?
A pdmad ly I doa 1 wJ.th ros.tdents wHh "paroe.t veq oombatant
behav.tor, res.tdshts who mnnifest behavioral managemeint problems.
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And moat: reoently w.tth our oonoerns, regarding rights and due process
with those residents who are being referred for guardJansh.tps.
Q with respeot\:o Mr. Grossman, do yoU have oontaot with
him on a da.tly bus i.?
)\ No. I would say I see h.tm approx.tmately every week and a
half, two weeks.
Q Can you tell the Court. based on your experj,enoes with him
and your observations of him whflt h.ts mental oapaoity seems to be?
1\ Peroeptllally as we ,look at Mr. Grossman, I th!,nk .t t is
evident that, the man is suffer1ng.from sO,me degrE)e of disodentat.tonl
that is, he is n6t orientend to spaoe and to time. Deingdisoriented
in those two areas does appear to cause S6me degree of pr6blem witl1
the gentleman's abilfty to make adequate decisions.
I think we have talked oarliet' about tha faot that hEl db'es
tend to el~pe. He may,indioate -- a' an example, he is waliing iqto
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aorreot?
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mother?
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lills he OVar served in thci'tlrmed foroes' of the lJnitsd Stutell?
No.
Wh~te does Mr, aros~man dUrrently reiide?
Where does he live, 318 F'i.fth AVG\nuG, N!3W Cumberlllnd,
Well, presen t:ly he is. in the Coun ty llome, i.s thllt not
Yes,
Before that: where was he living? '
318 F'ifth Avenue,
That's in New Cumberland?
Ye,l;l,
Who was be living with at that address?
His mother,
That's your mother too?
Right.
What's her'name?
ViOla Qrossrnan.
How old is sM?
Ninety,
How long has your brother, Mervin, resided with your,
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'All his life.
Your mother is not hGlre t:oday, is she?
She is hospitali2ed,
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Does he have any brothers and sisters other than yoU?
No.
You /lnd your mother are his olosest relatives?
Right- .
Does YOUr brother own any property of any value?
No.
Does he have flny sou roes of inoome?
Sooial seouri,ty is about it,
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WOuld thaI: be flbout $316.70 per month?
Yes.
Who is that being paid to now?
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~hat is 'now be.ing paid to Cumberland' County NUrsingf/ome.
'l'I'je ,p'urposa of the prooedure we are involved in ,...today .:I.,s
to have a ~u~r(Uatl
Ilrlil ~roPosingthat
apPoin,ted fOl' the person of YOUr brother,., and we
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you and another gentlemCjn serve as oo..gua.rdia.n~.
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pO,YPU have any desire to administer oroontrol your'prother'
estatE! or any 'inoome that ,he may have a rigl),t to?
A No,
Q YOU have heard Dr. Brooks' testimony a~ready about YoUr
brother's mental, Md PhY~~oal opndi tion. CMYOUoff:er ,to the OoUrt ~~
oM, ypu eXp~ain any fLlt'thElr how oapable :you feel YOUr brothel( is in
nulJdng respondble deoisions ;for 'himself?
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A I think' ~e is inoapable of making most any import~lnt decision,
whether i~ is r~garding him or anything else.
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o Do you ~eoall any apocifio o~umplQs rooontlY of him
,being oonfused while he was still living at home with you~ mother?
A .\'es. \~e live J.n a dUl)J,t)X" and hC;"l would frequently come
in my door instead of hia own. He would get confused there,at the
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home, ~t our home.
WOUl~ 'you dharaoteri~e your brother's dondition as having
gotten worso in the last two years?
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J,m!n;,.oved or
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is it not?
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It is definitely doteriorated.
Is your, mothe'.r any longer ablet:o tl\ke oare of him?
Notreal.ly , no.
It iBtrue that you'read and wd,te, tho English langt,lage,
The .n~lish language, yes.
You don't h~ve any interests adverse fo your brothei, do YOU?
No,',
you are, taking thi$ aotion because you feel it is in his
,best interes I:s?
A Yea, I qo.
a You are willing, if tho Court ~eoides to appoint you as a
oo~gUardian, you are willing 1:0 aooep't th<lt <lppointment, <Ira you not?
^ Yes;
o What is the re<lson, if you oan just briefly describe it
to the'Coui't, why you would like to have another person nal11ad'as oo~
guardian with yoU? "
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^ It is worse.
Q Hh oondition'when you saw him two weeks ago, was that
any different from the period of time whon he was residing with his
mbthEll~?
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do you?
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No.
You read and write the pnglish language, don't ~ou?
\'es.
You don't have apy interests adVerso to Mr. Grossman,
No.
Q \'ou a,re \'lining to 'servo as a co-guardian il' the Court
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would agree to appoint yo~ as suoh?
A \'es.
,Q Do you feel it, is in your unole' s best: il,tereats that you
b~ appoirited od-gUar41an?
A \'es, 1. do,
Q po you believe he lacks suffioieht capaoity to make or
oommuni6ate responsible decisions about hi~ person?
A \'es, 1.dO.
o Can you cite any spl:lcificel;\amples t:hat you reoall from,
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your familiarity with him to the Court?
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A Well, hd beoomes oonfused very easily. And I think if there
was a major deoision that' had to be made, no, he wouldn't be ab;J,G to'dp
'it'with the right perspeotive.
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