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HomeMy WebLinkAbout08-03-07 INRE: : IN THE COURT OF COMMON PLEAS OF : OF CUMBERLAND COUNTY, PENNSYLVANIA BORIS ORTENBERG, : ORPHANS' COURT DIVISION An alleged incapacitated person: : NO. ~ \ (:)l C)\:,~ 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, Cumberland County Aging & Community Services, by its solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is Cumberland County Aging & Community Services with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Boris Ortenberg, age 79, who currently resides alone at 208 Senate Ave., Apt. 406, Camp Hill, Cumberland County, Pennsylvania and has 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') Co ::~T1 "?~o . 7>.~93 (;'):;';-::: 00 c? ...en :0 ~ ~ J:;' a. Irina Fridman - Daughter 660 Boas Street, Apartment 1111 Harrisburg, Pennsylvania f'_1 (~~:) l~'~::::> ~ .,.,. c: G.") , W .--,~ -0 :J;:: tf! ..- ") .s:- <::. b. Raisa Korin - Daughter 1316 Mallard Road Camp Hill, Pennsylvania c. Anna Korin - Granddaughter 1316 Mallard Road Camp Hill, Pennsylvania 4. The Petitioner is not related to Boris Ortenberg. 5. The Petitioner's interest is that of a welfare agency concerned with his welfare and is familiar with his case. 6. Boris Ortenberg has, for at least three (3) months, been incapable of managing and caring for himself and his financial affairs. 7. Boris Ortenberg's mental incapacity prevents him from managing and caring for the affairs of his person and estate. 8. On or about June 21, 2007, Petitioner received a report for need concerning Boris Ortenberg after he was found in bed in his apartment unresponsive, undressed, and incontinent. 9. Boris Ortenberg had not been seen by other apartment residents for a week or so resulting in a resident and the apartment manager going to his apartment. and finding him in that condition. 10. Emergency medical services responded and, despite a request by his granddaughter not to be taken to a hospital, he was taken to Holy Spirit by EMS and admitted. 11. Upon admission to Holy Spirit Hospital, he was diagnosed with acute renal failure, severe dehydration, uncontrolled hypertension, hyperkalemia and hypematremia. 12. While in the emergency room, Mr. Ortenberg, who speaks only Russian, through a translator stated that he did not remember anything regarding his situation, medical problems or family members and, while there, appeared disoriented and confused. 13. The past medical history for Mr. Ortenberg includes high blood pressure, coronary artery disease, congestive heart failure, diabetes, renal failure, dyslipidemia, and schizophrenia. 14. Petitioner has determined that Boris Ortenberg was found by Kristen Leach, the apartment manager, and a neighbor, both of whom indicated that there was moldy food on the stove, a pot of potatoes, and mold in a container on the table. 15. The refrigerator appeared to have had fresh food in it but the freezer had food that was out dated and it appeared that Mr. Ortenberg had not been able to manage himself for several days and no one had been around to help him. 16. Ms. Leach and the neighbor also indicated that he had been lying in bed on sheets that had fecal matter on them, that the toilet had dark urine with blood in it and it appeared as if no one had been there for several days. 17. The granddaughter who had been contacted informed the emergency medical service worker that Boris Ortenberg should remain at home and not be taken to the hospital. 18. Petitioner further states that a family member was being paid by Petitioner to provide in home services of meal preparation and laundry twice a week. 19. A review of his medical chart indicates that he probably passed out and was like that for a few days unable to eat or drink fluids. 20. Mr. Ortenberg was ready for discharge from Holy Spirit Hospital on July 6,2007 and the plan was to go to Spring Creek Nursing Home in Dauphin Cqunty but the family was against it stating that they would provide for his needs. 21. The Social Worker at Holy Spirit Hospital had spoken to his family and informed them that he needed dialysis three times a week, monitoring of his medical conditions and 24 hour supervision. 22. The granddaughter of Boris Ortenberg insisted that he would be well taken care of by the family and denied any previous problems. 23. The granddaughter was told that the family had been neglectful and that there was a signed time sheet showing a family member allegedly had been at the residence of Mr. Ortenberg on the day before he was found and also allegedly reflected him signing a time sheet on the day of his hospital admission. 24. Boris Ortenberg was not discharged from the hospital on July 6, 2007. 25. On July 11,2007, Boris Ortenberg was evaluated by a psychiatrist for the purpose of determining his mental capacity. 26. Using a Russian interpreter who had some knowledge of Mr. Ortenberg, the psychiatrist concluded that he was not mentally capable. 27. Petitioner and a hospital social worker subsequently met with Irina Fridman, his daughter, after the evaluation and indicated to her that her father needed nursing home care and that he had actually agreed to it during the course of the evaluation. 28. Irina Fridman was adamant that the family could take care of him and denied that he had been neglected by the family even after pictures had been shown to her. 29. A kidney specialist has indicated that it would be in the best interest of Boris Ortenberg to be placed in a nursing home and he denied telling Irina Fridman that Boris Ortenberg could go home. 30. The kidney specialist also stated that if Mr. Ortenberg wanted to live it was necessary for him to receive dialysis. 31. There is no continuing medical reason for Boris Ortenberg to remain at Holy Spirit Hospital and he must be discharged as soon as possible.. 32. To discharge him to his residence in view of his medical conditions and the opinions of doctors would place him in imminent risk of harm. 33. The estimated monthly income of Boris Ortenberg is $625.00 and the value of his estate is estimated to be $2,500.00. 34. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person of Boris Ortenberg and later as Permanent Plenary Guardian of his Person and Estate will result in irreparable harm to the person and estate of Boris Ortenberg. 35. To eliminate the imminent risk of harm to Boris Ortenberg, Petitioner, if appointed as the proposed emergency and permanent plenary guardian of his person and estate will seek to immediately place him in a nursing home facility because that is the least restrictive alternative available for him. 36. Petitioner, if appointed as Guardian, requests that it be compensated for said services pursuant to the rules and regulations set forth by the Department of Public Welfare. WHEREFORE, the Petitioner respectfully requests that: 1. The Court appoint Cumberland County Aging & Community Services, as Emergency Plenary Guardian of the Person and Estate of Boris Ortenberg pending a final hearing onthis Petition with such Emergency Guardian having full power to place Boris Ortenberg into a nursing home facility and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 Pa.C.S.A. 95513 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. 95513 the Court schedules a final hearing on or within 23 days from the date of any Emergency Order; and 5. The Court appoint Cumberland County Aging & Community Services as Permanent Plenary Guardian of the Person and Estate of Boris Ortenberg. 6. Petitioner be compensated for said services pursuant to the rules and regulations set forth by the Department of Public Welfare. Respectfully Submitted, ~~ Anthony L. uca, Esqu re 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 Boris Ortenberg 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: ~ 3, ctool e/1~ wktm()hU Priscilla Whitman