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HomeMy WebLinkAbout11-01-07 Joseph A. Ricci, Esq. Pa. Id. Number 49803 Law Offices of Joseph A. Ricci P.O. Box 516 Mechanicsburg, PA 17050 (717) 766-4211 "'-'-..,J r...,.) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA IN RE: Lieselotte Schall, ajkj a Rosemary L. Schall : DOCKET NUMBER: Ll -0 1 ~ 0 cl 9JV : EMERGENCY GUARDIANSHIP EMERGENCY PETITION FOR TEMPORARY GUARDIANSHIP OF THE PERSON AND NOW Comes, Carlisle Regional Medical Center by and through its counsel, Joseph A. Ricci, Esq. and requests that this Honorable Court to enter an order granting an emergency limited guardianship of the person for Ms. Lieselotte Schall, ajkj a Rosemary L. Schall for the following reasons: 1. The alleged incapaciated person is Ms. Lieselotte Schall, a/k/ a Rosemary L. Schall an adult female aged 86. 2. Ms. Schall is currently a patient at the Carlisle Regional Medical Center who is on a 23 hour observation. 3. Prior to her hospitalization, Ms. Schall resided Carlisle, Cumberland County, Pennsylvania. 4. Ms. Schall is a widow who has become estranged from her children. No information is available to representatives of the Hospital from which the identity of the children can be determined. Efforts to locate surviving children have met with failure. 5. Currently Ms. Schall is receiving medical services at the Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, PA 17013. 6. Prior to her admission to the hospital, Ms. Schall was receiving social services from the Cumberland County Department of Aging. 7. The petitioner requests that this Honorable Court appoint a representative of the Cumberland County Office of Aging as temporary guardian of the person of Ms. Schall. 8. The Cumberland County Office of Aging is a public service agency responsible for the care and supervision of older adults unable to care for themselves. 9. The Cumberland County Office of Aging does not have any interest that is adverse to the interests of Ms. Schall, the alleged incapacitated person. 10. The emergency temporary guardianship of the person is necessary for the following reasons: a) Ms. Schall is an elderly woman who lacks the capacity to live independently. Further, her current home situation is one in which she is residing in one half of a trailer and the portion of the trailer in which she resides is in a deplorable condition characterized by extreme disorganization, uncontrolled filth and generally unhealthy conditions. b) Ms. Schall lacks sufficient mental capacity to care for herself as evidenced by her unacceptably low score (specifically 10 out of 30 with normal being at least 27 out of 30)on a mental status examination. Further she lack orientation to time or place and has limited cognitive ability. c) Ms. Schall has no family members upon whom she can rely as she is estranged from her surviving children and the gentleman who resides in the other half of Ms. Schall's trailer has stated he is incapable of providing the necessary care for Ms. Schall's wellbeing; accordingly, there are no family members or friends who can provide for surrogate decision making on Ms. Schall's behalf. d) At this time there is no other reasonable alternative to effect the proper care of Ms. Schall besides the appointment of a temporary guardian of the person. e) Ms. Schall suffers from numerous, chronic medical problems, including, inter alia, diabetes, hypothyroidism, ambulatory difficulties, chronic atrial fibrillation requiring coumadin administration, congestive heart failure, and dementia. As a result of her medical conditions Ms. Schall will potentially suffer from numerous medical complications which will require an ability to understand the nature of the complications and how they will be treated. The treatments necessary will include the need to provide informed consent to permit the medical treatments. f) Ms. Schall will require placement in a proper nursing facility to provide the necessary care. g) Ms. Schall has been accepted as a patient at the Forest Park Skilled Nursing Facility. h) Ms. Schall cannot be admitted to the Forest Park Skilled Nursing Facility because she lacks the capacity to sign a consent to admission. i) Ms. Schall, while suffering from chronic medical conditions, is currently stable and not in need of hospital based care. j) Ms. Schall, while not a candidate for admission to the Hospital, cannot be discharged to her home because such a discharge will pose a grave and serious danger to her wellbeing. k) The Cumberland County Office of Aging is familiar with the chronic health problems which face Ms. Schall. 1) The Cumberland County Office of Aging is familiar Ms. Shall's home environment. n) The Cumberland County Office of Aging is willing to accept appointment as an Emergency Guardian of Ms. Schall. n) Without the appointment of a guardian, Ms. Schall will be unable to receive the care necessary for her wellbeing. 11. A temporary guardianship will permit the appropriate decision making to take place in the short term and potentially avoid the premature and unnecessary death of Ms. Schall. 12. It is possible that with proper medical care and orientation to a new environment, the temporary guardianship may no longer be necessary. WHEREFORE it is respectfully requested that this Honorable Court issue an order appointing a representative of the Cumberland County Office of Aging temporary guardian of the person of Ms. Lieselotte Schall, aJkJ a Rosemary L. Schall for the purpose of providing medical decision making authority. Respectfully submitted, ~- AFFIDAVIT OF PATRICIA FRIERSON, M.D. AND NOW this 31St day of October 2007, I, Patricia Frierson, M.D., do hereby swear and affirm: 1. I am a physician licensed to practice medicine In the Commonwealth of Pennsylvania. 2. My medical practice 1S limited to the specialty of emergency medicine. 3. I am the attending physician for Carlisle Regional Medical Center patient Ms. Lieselotte Schall, ajkj a Rosemary L. Schall. 4. Ms. Schall became a patient of the Carlisle Regional Medical Center on October 26, 2007 and was discharged to the Forest Park Skilled Nursing Facility on October 31,2007. 5. Ms. Schall, upon arrival at the Forest Park Skilled Nursing Facility refused to sign the necessary forms for admission and was transported to her home. 6. Upon arrival at her home, a representative of Forest Park Skilled Nursing Facility found that the home was in a deplorable condition characterized by complete disorganization, uncontrolled filth, and generally unhealthy conditions; accordingly, Ms. Schall was brought to the Carlisle Regional Medical Center Emergency Room. 7. Upon admission to the emergency room it was determined that Ms. Schall is suffering from numerous chronic conditions including, inter alia, diabetes, hypothyroidism, ambulatory difficulties, chronic atrial fibrillation requiring coumadin administration, congestive heart failure, and dementia. However, none of the conditions present an acute need for hospital based care as the patient is medically stable. 8. A mental status examination confirmed the diagnosis of dementia, as Ms. Schall is not oriented to place (she cannot identify the town, state or country in which she is located), she is not in possession of cognitive abilities (she cannot do simple addition or subtraction, cannot spell simple words forwards and backwards, and cannot recall a simple list of three items after five (5) minutes), she has no recollection of how she came to be a patient of the hospital. 9. I have been in communication with Janet Paull of the Cumberland County Office of Aging who advises that the Office of Aging is familiar with Ms. Schall and believes that she is need of adult protective services since she does not have the proper ability to care for herself independently. 10. Ms. Schall is incapable of independent living and requires care in a properly licensed nursing home. 11. Ms. Schall lacks the mental capacity to meaningfully participate in medical decision-making. 12. Because of the chronic nature of Ms. Schall's medical problems, medical decisions, which will require informed consent, will be required to provide proper care and treatment. 13. Ms. Schall's healthcare providers will be unable to secure the necessary consents to provide proper care to Ms. Schall. 14. Because Ms. Schall's medical condition is currently stable she is not in need of inpatient hospital care; however, she is not able to be discharged since she does not possess the mental capacity to understand her inability to care for herself and the need for nursing home placement. 15. It is my opinion, to a reasonable degree of medical certainty that Ms. Schall's medical condition will quickly deteriorate and her overall health will be placed in serious jeopardy if a guardian is not appointed to provide proper medical decision making authority including authority to authorize placement in a proper nursing facility. Respectfully submitted, Date: ? t Del- 2.00-=1- 0- J~~ ""'""'~ Patricia Frierson, M.D. ,;