HomeMy WebLinkAbout04-13-07
IN THE MATTER OF THE PERSON
AND ESTATE OF:
ELIZABETH FLOYD,
AN ALLEGED INCAPACITATED PERSON
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: ORPHANS' COURT DIVISION
: NO. a\.. 01 D~loS
PETITION FOR THE APPOINTMENT OF
PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE
PURSUANT TO 20 P.S. ~5511
AND NOW COMES the Petitioner, Cumberland County Area Agency on Aging,
by its Solicitor, Anthony L. DeLuca, Esquire, who respectfully represents and avers as
follows:
1.
The Petitioner is the Area Agency on Aging, in and for Cumberland County,
Pennsylvania with its office located at 16 West High Street, Carlisle, Cumberland
County, Pennsylvania.
2.
The alleged incapacitated person is Elizabeth Floyd, an older adult, age 85, who
currently resides at The Todd Home and Rehab Center, 1000 W. South Street, Carlisle,
Cumberland County, Pennsylvania and has resided there since November, 2006.
3.
The only known relatives ofthe alleged incapacitated person are:
a.
David Floyd - son
71 Oliver Road
Enola, P A 17025
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b.
Suzanne Maksinchak - daughter
P.O. Box 36
Waterfall, P A 16689
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c.
Michael Floyd - son
Whereabouts unknown
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The known sisters are:
d. Josephine Wright - sister
Presbyterian Apartments
322 N. 2nd Street
Harrisburg, P A
e. Mary Sickles - sister
Presbyterian Apartments
322 N. 2nd Street
Harrisburg, P A
Other sisters whose last names and addresses are unknown:
f. Virginia Ann in Ohio
g. Dena in California
h. Sara in Florida; and
1. Millie in Florida
4.
On or about November 17, 2006, Petitioner filed a Petition for Involuntary
Intervention by Emergency Court Order to No. 06-6666 in the Office of the Prothonotary,
in and for Cumberland County, Pennsylvania and, on November 20, 2006 a Hearing was
held before Judge M.L. Ebert, Jr. resulting in an Order directing Petitioner to provide
involuntary intervention services which included transportation to Holy Spirit Hospital
for medical and psychological evaluations.
5.
Upon discharge from Holy Spirit Hospital on November 22, 2006, Elizabeth
Floyd was taken to The Todd Home and Rehab Center, 1000 W. South Street, Carlisle,
Cumberland County, Pennsylvania where she has resided ever since.
6.
Elizabeth Floyd has had a history of hallucinations and behavioral problems but
has had no such problems while living at The Todd Home.
7.
Elizabeth Floyd has had delusions which remain and are considered to be caused
by dementia.
8.
While in the hospital, a CT brain scan was conducted and said scan revealed her
to have severe global atrophy.
9.
On or about December 19, 2006, a psychological evaluation was conducted by
Christopher Royer, Psy. D, a clinical neuropsychologist who found that:
a. She had considerable word finding problems;
b. She was quite confabulated with historical events;
c. She was difficult to redirect at times;
d. She was not able to identify where she was being tested but did know that
she was in Mechanicsburg;
e. She was oriented to month but not able to state the day of the month or the
year;
f. She had great difficulty with auditory mental control;
g. Her ability to learn and recall of four (4) words over a brief delay was
severely impaired; and
h. Her reasoning by analogy was severely impaired.
10.
The diagnostic impressions from the evaluation indicate moderate to severe
dementia and that her underlying cognitive disorder is substantial and sufficient to
prevent her from engaging in activities of daily living on her own.
11.
The psychologist further concluded that Elizabeth Floyd is not considered to have
the capacity to make decisions in her own best interest and that, at the current time, she is
considered to be significantly impaired and totally unable to manage her financial
resources or meet essential requirements for her physical health and safety.
12.
Petitioner requests that it be appointed Permanent Plenary Guardian of the Person
and Estate of Elizabeth Floyd.
13.
The proposed Guardian has no interest which is adverse to the interest of
Elizabeth Floyd.
14.
Petitioner believes and, therefore, avers that Elizabeth Floyd does not already
have a Guardian.
15.
Petitioner asserts that Elizabeth Floyd is incapacitated as defined in Chapter 55 of
the Probate Estates and Fiduciaries Code.
16.
Because of her impaired mental condition, Elizabeth Floyd lacks the capacity to
provide for her own personal care and maintenance.
17.
Petitioner believes and, therefore, avers that Elizabeth Floyd's only known
source of income is $1,534.00 a month from social security.
18.
Because of her impaired mental condition, Elizabeth Floyd is unable to manage
her financial affairs, property and business and to make and communicate responsible
decisions relating thereto.
19.
A Power of Attorney would be a less restrictive alternative than Guardianship but
none exists to the knowledge ofthe Petitioner.
20.
No member of Elizabeth Floyd's family is in a position to assume responsibility
as Guardian of her Person and Estate.
21.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
22.
No other Court has ever assumed jurisdiction in any proceedings to determine the
incapacity of Elizabeth Floyd.
23.
The failure to appoint Petitioner as Plenary Guardian of the Person and Estate of
Elizabeth Floyd would result in irreparable harm to the person and estate of Elizabeth
Floyd.
24.
Petitioner avers that Elizabeth Floyd has adjusted well to her placement at The
Todd Home and Rehab Center in Carlisle and that it would be the intention ofthe
Petitioner, if appointed as the Permanent Plenary Guardian of the Person and Estate of
Elizabeth Floyd, to keep her in that facility.
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter
an Order appointing Petitioner as Permanent Plenary Guardians of the Person and Estate
of Elizabeth Floyd.
DATED:a/~(~ ;Zqd7
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Anthony . eLuca, Esquire
P.O. Box 358
113 Front Street
Boiling Springs, P A 17007
Attorney for Petitioner
(717) 258-6844
ill 18067
VERIFICA nON
I hereby verify that the facts and information set forth in the foregoing Petition for
Appointment of Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S.
95511 of Elizabeth Floyd are true and correct to the best of my knowledge, information,
and belief. I understand that any false statements contained herein are subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated: A~ri l \ ';). ) .'j..OO,
d~ -=p~
Janet Paull