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HomeMy WebLinkAbout11-08-07 COURT OF COMMON PLEAS OF CUMBERLAND CO PENNSYL VANIA ORPHANS' COURT DIVISION NO. 2\ -C>( -lOt~ ESTATE OF JEAN A. WOLFE, AN ALLEGED INCAPACITATED PERSON Social Security Number ,~ -~! I c.' f'~) ---j \.1.) PETITION FOR ADJUDICATION OF INCAPACITY D APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 P A. C.S.A. ~ 5511 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: I Petitioner, Glenn C. Thompson, respectfully submits this petition to th~ Court for the appointment of plenary guardians of the person and estate of Jean A. W Olf~, an The alleged incapacitated person, Jean A. Wolfe, who was born pn January 4, 1924, is an 83 year old widowed woman and is dOmi~iled in Pennsylvania, residing at the Church of God Nursing Home, 801 I North I I I alleged incapacitated person, and in support thereof avers the following: Jurisdiction and Venue 1. Hanover, Carlisle, Cumberland County, Pennsylvania. 2. Pursuant to 20 Pa. C.S.A. ~5512(b) and (2), this Court has jurisdi tion over and is the proper venue for the appointment of a guardian 0 the person and estate of the alleged incapacitated person. 3. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person and no dian - has ever been appointed for the estate or person of the allege incapacitated person. Interested Parties 4. Jean A. Wolfe is widowed and has no Surviving children. 5. Petitioner is Jean A. Wolfe's nephew and is the named execut r in her Last Will and Testament. 6. To the best of Petitioner's knowledge, information and belief, the alleged incapacitated person's only living adult next-of-kin are as foIl ws: Nephews: Glenn C. Thompson 9 Morari Drive Dillsburg, PA 17019 James A. Wentz 290 North Old Stonehouse Road Carlisle, P A 17013 David L. Lockard 30 Ann Street Middletown, P A 17057 Paul L. Wentz 1631 Potato Valley Road Harrisburg, P A 17112 Richard E. Thornton, Jr. 1902 Antelope Trail Harker Heights, TX 76548 Nieces: Victoria E. Lockard 30 Ann Street Middletown, P A 17057 Patricia Stake P. O. Box 66 Newville, PA 17241 Bonnidine Zielonis 785 Bremer Road Dover, PA 17315 Patricia Martin 220 East Locust Street Mechanicsburg, PA 17055 7. Paul Wentz, the alleged incapacitated person's brother, was th in-fact under the alleged incapacitated person's previously val d durable general power of attorney, but Paul Wentz died on May 9, 200 . 8. To the best of Petitioner's knowledge, information and belief, e alleged incapacitated person had no advance directive, including a he advance directive, other than her previously executed durable neral power of attorney which is now invalid, and has never nominat d any individual or other entity to serve as her guardian in the event 0 her incapacity. 9. The alleged incapacitated person was never a member of the ed services of the United States and is not receiving benefits from e United States Veterans' Administration. Proposed Plenary Guardian 10. Petitioner, the alleged incapacitated person's nephew, who is fi -seven (57) years of age and a resident of Dillsburg, York County, Pe sylvania, seeks to be appointed guardian of the estate of the alleged incapa itated person. Petitioner is a college graduate and is currently employe as a Police Officer with the Upper Allen Township Police Dep Mechanicsburg, Pennsylvania. Petitioner's consent to serve guardian of the person and guardian of the estate of the alleged incapacit ted person is attached hereto as Exhibit "A". 11. The proposed guardian has no interest adverse to the alleged' capacitated person. Factual Back2l'ound/Limitations of Alleged Incapacitated Person 12. The alleged incapacitated person has resided in the Mechanics urg area her entire adult life. 13. The alleged incapacitated person is suffering from dementia, d is not I able to care for herself, including feeding, dressing and person I hygiene. Her ability to receive and evaluate information effectively and 14. communicate decisions in any way is impaired to such a significant extent that she is totally unable to manage her financial resources or 1 meet the essential requirements for her physical health and safety. I Because oCher age and mental health, the alleged incapacitated rerson.s condition is not expected to improve. 15. By letter dated October 25,2007, a copy of which is attached h Exhibit "B" and incorporated herein by reference, Herbert E. M ers, M.D., a Psychiatrist who has been treating the alleged incapacit ed person for many months, has concluded that the alleged incapaci ted person is unable because of her health and mental condition to h dIe her financial matters or make decisions about her person. No Less Restrictive Alternative 16. The following support Petitioner's position that there is no I ss restrictive alternative to the appointment of a plenary guardian of the p rson and the estate of the alleged incapacitated person: a. She has dementia of the Alzheimer type which contin es to progress and is in the advanced stages; and i b. She is unaware of where she is, not oriented as to lim1' and is not I able to make her own health care decisions. Assets and Income 17. As of this time, the alleged incapacitated person's assets, to th~ extent I i known by Petitioner, are as follows: $247,911.37 maintained rith PNC Investments, account #5004876061. , 18. To the best of Petitioner's knowledge, information and belief, ~e alleged I , incapacitated person's annual income is approximately $20,001.00 which she receives in the form of investment income and social securi~y benefit. I Plenary Guardianship Reauested 19. I I Due to the severity of the alleged incapacitated person's mental I condition, the lack of viable, less restrictive alternatives necessitate the a,ointment of a plenary guardian of the alleged incapacitated person's estat~ to collect, manage and administer all matters concerning her finanfal affairs, including but not limited to: her cash, checks and any bank accounts; her other individually owned property; payment of medical and other bills incurred t provide her with proper medical care, insurance and maintenance of her lifestyle; handling claims made on behalf of or against er; execution of documents and entering into con social security benefits and any other governm tal or non- governmental benefits; applying for insurance and/or Medicare or Me icaid benefits; 20. The severity of the alleged incapacitated person's mental cond tion and the lack of viable, less restrictive alternatives necessitate the appoi tment of a plenary guardian of her person to handle all issues relating to h r person, including but not limited to: authorizing or withholding consent to medical tr atment or medication and psychiatric care; deciding where the alleged incapacitated person ill live, giving consideration to her lifestyle and her preferences, if known; arranging for nurses, aides or other personnel for the alleged incapacitated person's care, as well as for physic and other therapy; making decisions about social, recreational and 0 er personal care matters; WHEREFORE, Petitioner respectfully requests that this Court aw d a citation directed to Jean A. Wolfe, the alleged incapacitated person, and to such oth r persons as this Court may direct, to show cause why Jean A. Wolfe should not be adju goo a fully incapacitated person, and Glenn C. Thompson appointed plenary guardian fher estate and plenary guardian of her person. Respectfully submitted, R. Mark Thomas, Esqui e Attorney I.D. No. 41301 101 South Market Street Mechanicsburg, P A 170 5 Telephone: 717-796-21 0 Attorney for Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNIY' PENNSYL VANIA ORPHANS' COURT DIVISION NO. ESTATE OF JEAN A. WOLFE, AN ALLEGED INCAPACITATED PERSON Social Security Number CONSENT OF GUARDIAN OF ESTATE I hereby consent to act as plenary guardian of the estate of Jean A. W lfe,an Dated: November 7, 2007 at alleged incapacitated person. I reside at 9 Morari Dr, Dillsburg, P~ and am aPolice Offic 17019 Upper Allen Police De~ Mechanicsburg , Pennsylvania. I am a citizen of the United States and can speak, read and write the En !ish language. Glerm c. Thanpson COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE SYL VANIA ORPHANS' COURT DIVISION NO. ESTATE OF JEAN A. WOLFE, AN ALLEGED INCAPACITATED PERSON Social Security Number CONSENT OF GUARDIAN OF PERSON I hereby consent to act as plenary guardian of the person of Jean A. WolD, an alleged incapacitated person. I reside at 9 Morari Dr., Dillsbuflibtd am a Police Officer at PA 17019 Police Dept. of Mechanicsburg , Pennsylvania. I am a citizen of the United States and can speak, read and write the Engli h language. Dated: November 7, 2007 Glenn C. Thanpson ilhaven October 25,2007 R. Mark Thomas Attorney at Law 101 South Market Street Mechanicsburg, PA 17055-3851 Re: Jean A Wolfe Church of God Home Date of Birth: January 4, 1924 Dear Attorney Thomas: I am responding to your inquiry regarding Jean Wolfe of the Church of God H me. I have been seeing her for some time as a psychiatric consultant. I understand t t her brother who was her Power of Attorney is deceased and there is no one else to andle her affairs. The above person is not capable of handling her own affairs. She has dementia fthe Alzheimer type. In May of 2006,s he only managed to score 15 out of30 points n the MiniMental State Examination. Her dementia has continued to progress so that he is in the more advanced stages. She is unable to care for herself needing assistance 'th the activities of daily living. She is unaware of where she is nor is she oriented to ti e. She could not manage financial affairs nor can she make decisions in regards to her ealth care. She should clearly have a guardian appointed. If you have further questions or need further information, please, feel free to con t me. Sincerely, ~~~r Senior Psychiatrist -. .a ICY., ~(l3 rr ,1 ( A-' 283 South Butler Road. P.O. Box 550. Mr. Grema, PA 17064 . Telephone: 717-273-8871 . Fax: 717-270-2 52 . www.philhaven.org , \ VERIFICATION I, Glenn C. Thanpson , verify that I am the Petitioner in th petition and that the facts set forth therein are true and correct to the knowledge, information and belief; and that this verification is subje t to the penalties of 18 Pa. C.S. g 4904 relative to unsworn falsification to au Dated: November 7, 2007