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HomeMy WebLinkAbout06-01-07 INRE: : IN THE COURT OF COMMON PLEAS OF : OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIAN. STAGER, : ORPHANS' COURTDNISION An alleged incapacitated person: : NO. ;).l-Ol- OS'{ \ PETITION FOR THE APPOINTMENT OF EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 P.S. &5513 AND FOR PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. &5511 AND NOW COMES THE PETITIONER, the Area Agency on Aging, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who 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 Cynthia N. Stager, age 60, who formerly resided alone at 2535 Rollo Court, Mechanicsburg, Cumberland County, Pennsylvania and had resided there for a period exceeding 1 year prior to the filing of this Petition. 3. The known relatives of the alleged incapacitated person are: ~.~~ () -- ) -~.- C~2 a. Elsie Nadis - Mother Saint Catherine's Medical Center Ashland, PA 17921 b. Rosemary Arend - First Cousin 1558 Dellsway Road Baltimore, Maryland 21286 r' ~-..) , l, ~ :l _.....J . "I s-~ ~) '-i. -,-., _....,-" - - \ 1 C) Cl c. Rosemary W oren - First Cousin 3 Brookings Court Baltimore, Maryland 21234 d. Irene Eckerd - First Cousin 6600 Fairdell Avenue Baltimore, Maryland 21206 e. Father Paul Shuda - First Cousin Our Lady of the Blessed Sacrament Church 2121 North Third Street Harrisburg, P A 4. The Petitioner is not related to Cynthia N. Stager. 5. The Petitioner's interest is that of a welfare agency concerned with her welfare and is familiar with her case. 6. Cynthia N. Stager has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. 7. Cynthia N. Stager exhibits symptoms of decreased level of consciousness, slurred speech, and altered mental status. 8. On or about April 2, 2007 Petitioner received a report of need of self neglect based upon a fire call being made to the home of a neighbor and also based upon another neighbor stating that Cynthia N. Stager had not been seen for a couple of days. 9. When police, a neighbor and EMS entered the home, they found Cynthia N. Stager in her bath tub, without water in it, and unable to get up. 10. The condition of her home was deplorable and the following observations were made: a. Seven cats and two birds had apparentfree access throughout the mobile home; b. The stench was over whelming in that there were feces everywhere on the floor, walls, top of TV, and counters; c. The kitchen was a mess with trash and clutter; d. The counters were piled up with dirty dishes; e. There was cat food and trash on the kitchen floor; and f. The bird cages were filed with feces, about a foot tall. 11. As a result of the conditions in her mobile home, the police officer made a referral to Upper Allen Township for violation ofthe township's housing code. 12. Cynthia N. Stager was admitted to Holy Spirit Hospital on April 2, 2007 and discharged on April 16, 2007, at which time she was admitted to HealthSouth Rehab for a comprehensive inpatient program. 13. Cynthia N. Stager, when admitted to Holy Spirit Hospital, was found to have a urinary tract infection, left sided CV A with mild edema, ambulation dysfunction, rapid atrial fibrillation, right central facial weakness with mild lip droop on her right side, tongue on right side thick and swollen, skin breakdown on her sacrum and buttocks and right elbow abrasion. 14. Her prior medical history reflects problems with hypertension, hyperlipidemia, old Ll compression fracture causing back pain, atrial fibrillation with rapid ventricular response and renal insufficiency. 15. While at Holy Spirit Hospital, Angelique Callaway who is also known as Nichole Anderson, a neighbor, obtained a Power of Attorney form from Commerce Bank and Cynthia N. Stager signed it in the presence of a notary at Holy Spirit Hospital who believed that she understood the power of attorney form. 16. While, at Holy Spirit Hospital, there was a question concerning the mental status of Cynthia N. Stager and, when discharged to HealthSouth, the neighbor Angelique Callaway who is also known as Nichole Anderson requested a paralegal from Pecht and Associates to come to HealthSouth for the purpose of having Cynthia N. Stager execute a Power of Attorney which would permit the attorney- in-fact to handle her medical and financial matters. 17. The new Power of Attorney was not executed at HealthSouth because of her mental status on that day and also because the results of her medical and psychological tests had not yet been received. 18. Dn April 16, 2007, Cynthia N. Stager returned to Holy Spirit Hospital because of renal failure and has remained a patient up to the present time. 19. The medical condition of Cynthia N. Stager is not good and she is in need of a feeding tube. 20. Holy Spirit Hospital indicates that she should be discharged and surgeons wish to insert a PEG tube in her stomach but, until that is done, no nursing home will accept her as a resident and Holy Spirit Hospital is unable to discharge her. 21. Cynthia N. Stager's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 22. Petitioner requests that it be appointed Plenary Guardian of the Person and Estate on both an emergency and permanent basis. 23. The proposed Guardian has no interest which is adverse to the interest of Cynthia N. Stager. 24. Petitioner believes, and, therefore avers that Cynthia N. Stager does not already have a Guardian. 25. Petitioner asserts that Cynthia N. Stager is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 26. Because of her impaired mental and physical condition, Cynthia N. Stager lacks the capacity to provide for her own personal care and maintenance. 27. Because of her impaired mental and physical condition, Cynthia N. Stager is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 28. A power of attorney would be a less restrictive alternative than Guardianship but it is not clear whether Cynthia N. Stager currently has a valid attorney-in-fact and she lacks the capacity, at present, to appoint one. 29. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 30. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Cynthia N. Stager. 31. Holy Spirit Hospital must discharge Cynthia N. Stager but is unable to do so without the medical insertion of the feeding tube. 32. Without a feeding tube, Cynthia N. Stager would be at imminent risk of serious bodily harm. 33. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of Cynthia N. Stager and later as Permanent Plenary Guardian of her Person and Estate will result in irreparable harm to the person and estate of Cynthia N. Stager. 34. To eliminate the imminent risk of harm to Cynthia N. Stager, Petitioner, if appointed as the proposed emergency and permanent plenary guardian of her person and estate will seek to immediately consult with her physician regarding the feeding tube and, if appropriate, authorize the insertion ofthe feeding tube and, thereafter, upon her discharge from the hospital have her placed in an appropriate nursing home facility because that is the least restrictive alternative available for her. WHEREFORE, the Petitioner respectfully requests that: 1. The Court appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as emergency plenary guardian of the person and estate of Cynthia N. Stager pending a final hearing on this Petition with such emergency guardian ~ ~ergenc}' gn8ftiiaJI. having such full powers and restrictions the Court deems proper; including but not limited to having full power to authorize the insertion of the feeding tube and, thereafter, upon her discharge from the hospital, have her placed in an appropriate nursing home facility. 2 Pursuant to 20 Pa.C.S.A. ~5513 the Court find that the emergency necessitating the filing of this Petition will continue beyond seventy-two (72) hours from the date of any Emergency Order; 4. Pursuant to 20 Pa.C.S.A. ~5513 the Court schedules a final hearing on or within 23 days from the date of any Emergency Order; and 5. The Court appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian ofthe Person and Estate of Cynthia N. Stager. Respectfully Submitted, Anthony L. 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Emergency Plenary Guardian of the Person and Estate in accordance with 20 P.S. ~5513 and for Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. ~5511 of Cynthia N. Stager 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. e.s. Section 4904, relating to unsworn falsification to authorities. Dated: _~ dlf, Q{b, (3 AJ.LUJ."Q Ofl wJ\li;rrvvru Priscilla Whitman