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HomeMy WebLinkAbout05-14-07 IN THE MA TIER OF THE PERSON AND ESTATE OF: LILLIAN THOMAS, AN ALLEGED INCAPACITATED PERSON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. ~\ \)'1 tl'-\\~ 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 Lillian Thomas, an older adult, age 87, who currently resides at The Claremont Nursing and Rehabilitation Center 1000 Claremont Road, Carlisle, Cumberland County, Pennsylvania and has resided there since January, 2006. - --~ 3. The only known relatives of the alleged incapacitated person are: .-.'-1 -_.,.~ /- .... a. Barbara Dorsey- Daughter 10 North 15th Street Harrisburg, Pennsylvania 17103 u~ b. Carolyn L. Talley- Daughter 318 South 17th Street Harrisburg, P A. 17104 c. James T. Lee- Son 2132 Forbes Avenue Pittsburgh,PA.15219 d. William H. Thomas- Son 318 South 17th Street Harrisburg, P A. 17104 e. Donald 1. Thomas- Son CIO Carolyn L. Talley 318 South 17th Street Harrisburg, P A. 17104 4. Prior to moving to this area, Lillian Thomas had resided in Pittsburgh and, at one point, had been admitted to a psychiatric unit where she was diagnosed as having dementia. 5. Lillian Thomas was taken from Pittsburgh to the Harrisburg area by her two daughters, Barbara Dorsey and Carolyn Talley, and lived with them for a while so that they could assist her with her daily needs. 6. When she began to exhibit strange behavior, such as aggression, mood swings, threatening her grandchildren and others, Lillian Thomas was admitted to Community General Osteopathic Hospital in Harrisburg. 7. Upon her discharge from the hospital, she was admitted to The Claremont Nursing and Rehabilitation Center in Carlisle, Cumberland County, Pennsylvania on January 6,2006 and has continued to reside there. 8. While a resident at The Claremont Nursing and Rehabilitation Center, Lillian Thomas was evaluated and the following diagnoses have been established: A. Dementia of the Alzheimer's type with agitation; B. Insulin dependent diabetes; C. Gastroesphageal reflux disease; D. Hypertension; E. Anxiety; F. Glaucoma; G. Depression; and H. Dysphagia 9. At The Claremont Nursing and Rehabilitation Center, Lillian Thomas is unable to walk and requires total care. 10. Recently, Lillian Thomas developed an ulcer on the heel of her left foot which resulted in an amputation above her left knee as recommended by her vascular specialist 11. The business office of The Claremont Nursing and Rehabilitation Center, the Cumberland County Board of Assistance and Petitioner have sought the cooperation of the family of Lillian Thomas for the purpose of applying for medical assistance so that The Claremont Nursing and Rehabilitation Center can be reimbursed for her care. 12. Despite numerous requests to do so, the family did not provide the necessary information in a timely manner to complete the paperwork so that payment would be received by The Claremont Nursing and Rehabilitation Center from the state medical assistance program to pay for her care. 13. Although a new application has been submitted to the state medical assistance program, The Claremont Nursing and Rehabilitation Center, as ofthis date, has not received any reimbursement from medical assistance since her admission on January 6, 2006. 14. Petitioner believes and, therefore, avers that Lillian Thomas's only known sources of income are $324.00 a month from social security and $194.00 a month VA benefit received through her deceased husband, all of which totals $518.00 per month. 15. No known Power of Attorney exists and, during the months of December, 2006 and January, 2007, it has been determined that there were ATM withdrawals from the checking account of Lillian Thomas which totaled the sum of$I,049.00. 16. Petitioner requests that it be appointed Permanent Plenary Guardian of the Person and Estate of Lillian Thomas. 17. The proposed Guardian has no interest which is adverse to the interest of Lillian Thomas. 18. Petitioner believes and, therefore, avers that Lillian Thomas does not already have a Guardian. 19. Petitioner asserts that Lillian Thomas is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 20. Because of her impaired mental condition, Lillian Thomas lacks the capacity to provide for her own personal care and maintenance. 21. Because of her impaired mental condition, Lillian Thomas is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 22. A Power of Attorney would be a less restrictive alternative than Guardianship but none exists to the knowledge of the Petitioner. 23. No member of Lillian Thomas's family is in a position to assume responsibility as Guardian of her Person and Estate. 24. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 25. No other Court has ever assumed jurisdiction in any proceedings to determine the incapacity of Lillian Thomas. 26. The failure to appoint Petitioner as Plenary Guardian of the Person and Estate of Lillian Thomas would result in irreparable harm to the person and estate of Lillian Thomas. 27. Petitioner avers that, if appointed as the Permanent Plenary Guardian of the Person and Estate of Lillian Thomas, it would be seek to keep her in The Claremont Nursing and Rehabilitation Center. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order appointing Petitioner as Permanent Plenary Guardians of the Person and Estate of. Lillian Thomas ~~~+J:;; thony L. ca, Esquire . ~ P.O. Box 358 113 Front Street Boiling Springs, P A 17007 Attorney for Petitioner (717) 258-6844 ill 18067 DATED: 1; 11 ,.7t!Jo,? VERIFICA nON I hereby verify that the facts and information set forth in the foregoing Petition for Appointment of Permanent Plenary Guardian ofthe Person and Estate pursuant to 20 P.S. S5511 of Lillian Thomas 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: ~J2>.~ ll) ~o7 6)~~~ Janet Paull