HomeMy WebLinkAbout04-0046CUMBERLAND COUNTY AREA AGENCY : IN THE COURT OF COMMON PLEAS OF
ON AGING, : CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner :
: CIVIL ACTION - LAW
HAZEL BEASON, :
Respondent : OLDER ADULTS PROTECTIVE
: SERVICES ACT
PETITION FOR INVOLUNTARY INTERVENTION
BY EMERGENCY COURT ORDER
AND NOW, the Petitioner, Cumberland County Area Agency on Aging, by its
Solicitor, Anthony L. DeLuca, Esquire, pursuant to the provisions of the Older Adults
Protective Services Act, 35 P.S. Sec. 10225.101 et seq., respectfully represents as
follows:
The Petitioner, Cumberland County Area Agency on Aging (CCAAA), with its
office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania, is the
local provider of protective services for older adults in Cumberland County.
2.
The Respondent, Hazel Beason, an older adult, age 78, resides alone at 146
Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania.
3.
The only other known relative of the Respondent is a niece, Ruby, whose last
name and address are unknown at this time.
4.
On or about December 23, 2003, the Petitioner, through it's authorized
representative, visited Hazel Beason at her residence where she was found alone.
Petitioner's authorized representative also made the following observations on
December 23, 2003:
a. She was difficult to wake up;
b. She appeared very disheveled and her nightgown and housecoat were both
very dirty;
c. The house was very dirty, food was spilled over the kitchen cabinets and
floor and there was a very strong unpleasant odor in the mobile home;
d. Clothing on a chair was stained with what appeared to be dried blood;
e. Blood which appeared to have mn down her left leg and ankle was dried;
f. Two large wounds existed on her left leg with blood encrusted arotmd the
edges.
6.
Investigation by Petitioner's authorized representative indicates that Hazel Beason
has started to physically decline during the past several months, appears to be sleeping
most of the time and has indicated to a neighbor that she was not feeling well.
7.
During the last two (2) weeks of December, 2003, Hazel Beason missed five (5)
appointments with her Chiropractor despite arrangements being made with Cumberland
County Transportation to pick her up for each appointment. When Transportation arrived,
the driver knocked on the door and she did not respond.
On December 26, 2003, Petitioner's authorized representative together with
Petitioner's registered nurse visited Hazel Beason and made the following observations:
a. The size of the two (2) wounds on her left leg were approximately 5"x4" and
3"x2";
b. The surrounding tissue was very fragile and an area on her right leg was
noticed which would soon open up as well;
c. She appears to be non-compliant with her medications and is not checking her
blood sugars;
d. She was again disheveled and her legs appeared not to have been washed
since the last visit;
e. There were bloody tissues piled on top ora bag of trash and she was wearing
the same dirty nightclothes as before.
9.
During the visit of December 26, 2003, Hazel Beason refused to be taken to the
hospital by ambulance but agreed to go to her doctor.
10.
An appointment was made for her to see her doctor on Monday, December 29,
2003 and a caseworker for Petitioner stopped at her trailer to make sure she was awake. It
took 25 minutes for her to come to the door at which time she promised to keep the
doctor's appointment. When Cumberland County Transportation arrived approximately
30 minutes later to transport her to her doctor, she failed to come to the door even though
an effort was made to wake her.
11.
On December 30, 2003, Petitioner's authorized representative went to her trailer
and it took almost 15 minutes for her to come to the door. A burner on the gas stove was
burning and the area on her right leg, predicted to open up, was open and blood had
dripped down her right leg. Another appointment was made for her to see her doctor on
December 31, 2003 but, when the caseworker went to the trailer to take her to her doctor,
she refused to allow the caseworker to do so.
12.
Investigation by Petitioner's authorized representative concerning her medical
condition indicates that she suffers fi.om non-controlled diabetes, hypothyroidism, very
high potassium levels and low blood pressure.
13.
Hazel Beason has not been seen by her physician for approximately nine (9)
months and failure to receive immediate medical attention could result in the loss of one
of her legs.
14.
Petitioner believes and, therefore, avers that the least restrictive involuntary
protective services required in this case is the immediate removal and transportation of
Hazel Beason to a hospital where she can receive immediate attention to the open wounds
on her legs and a complete evaluation of her medical condition.
15.
Petitioner is seeking an Order from this Court for the following Protective
Services:
To remove Hazel Beason from her trailer and transport her to a hospital
for evaluation and treatment of her medical conditions; and
To develop a care plan for Hazel Beason by Petitioner.
16.
The proposed services would remedy the situation and condition which present an
imminent risk of death or serious physical harm to Hazel Beason.
17.
The proposed services are not over broad in extent or duration because Hazel
Beason is unable to care for herself due to her medical conditions and is placed at
imminent risk of death or serious physical harm by no action being taken to protect her.
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an
Emergency Order pursuant to the Older Adults Protective Services Act providing relief,
including but not limited to directing the Respondent, Hazel Beason, to be removed from
her trailer and transported to a hospital for evaluation and treatment of her medical
conditions and that the Court schedule a hearing to be held not more than 72 hours from
the signing of this Order.
DATED:~d-~ "~r'
Respectfully submitted
P.O. Box 358
113 Front Street
Boiling Springs, PA 17007
Attorney for Petitioner
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
Involuntary Intervention by Emergency Court Order 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 unswom
falsification to authorities.
Dated: ,~.,,~ 'Z ,~oOq
Janet Paull
CUMBERLAND COUNTY AREA AGENCY
ON AGING,
Petitioner
VS.
HAZEL BEASON,
Respondent
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
OLDER ADULTS PROTECTIVE
SERVICES ACT
ORDER
AND NOW, to wit, this ~'7~ day of January,2004, it is ORDERED and
DECREED that the within Petition be heard on the ~7-~ day of~q~z~&/~/ , 2004, at
/J; ~rD r~.M o'clock, in Courtroom No. ~ at the Cumberland County Courthouse,
Carlisle, Pennsylvania.
adult, Hazel Beason, at this hearing.
shall be appointed to represent the older
BY THE COURT:
CUMBERLAND COUNTY AREA
AGENCY ON AGING,
Petitioner
Vo
HAZEL BEASON,
Respondent
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-46 CIVIL TERM
PETITION FOR INVOLUNTARY INTERVENTION
BY EMERGENCY COURT ORDER
of
ORDER OF COURT
AND NOW, this 7th day of January, 2004, upon motion
counsel, the within petition is deemed withdrawn.
By the Court,
/Anthony L. DeLuca, Esquire
For the Petitioner
~wI~indsay D. Baird, Esquire
For the Respondent
K~A. Hess, J.
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