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HomeMy WebLinkAbout03-19-08 IN RE: CHARLES N. TRASK : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION an alleged incapacitated person :NO. c200'l-O"220q On the Petition of Pearl P. Trask and Nigel A. Trask l.__m. C:',::'J :-'.;:a. :";'.:;; \...c'; ~.. -.... PETITION FOR APPOINTMENT OF GUARDIAN OF THE'c . PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PEBSON == .'_" ..........4 ." r' ., 1..::: TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: NOW COMES, Petitioners, Pearl P. Trask and Nigel A. Trask, by and through their attorney, Jacqueline A. Kelly, Esquire and file the within Petition for the Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, avers as follows: 1. CHARLES N. TRASK the alleged incapacitated person, currently resides at 46 Erford Road, Camp Hill, P A 17011. He is 83 years old, his date of birth being September 22, 1924. 2. CHARLES N. TRASK is married. 3. CHARLES N. TRASK is not a patient in a mental hospital. 4. The Petitioners are Pearl P. Trask of 1070 Stevens Road, York Haven, Pt:nnsylvania 17370, and Nigel A. Trask of 365 Pleasant View Drive, Etters, Pennsylvania 17319, and they are the spouse and son of CHARLES N. TRASK. 5. The names and addresses of those persons who would be the intestate heirs (or ,~~ 11. Petitioners believe, and therefore aver, that no Court has ever assumed jurisdiction in a proceeding to determine whether CHARLES N. TRASK is incapacitated. 12. Petitioners believe, and therefore aver, that CHARLES N. TRASK has not previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction. 13. The reasons why this guardianship are being sought are as follows: CHARLES N. TRASK is unable to manage his financial affairs or to make decisions regarding health care/medical decisions, due to Parkinson's disease and also residual effects from a concussion as a result of falling. 14. The functional limitations and physical mental condition of CHARLES N. TRASK are: CHARLES N. TRASK is not able to manage his financial affairs, nor is he able to make competent decisions as far as his welfare is concerned. CHARLES N. TRASK is not able to communicate nor is he able to perform any of his activities of daily living without total assistance. 15. The following steps have been taken, in order to find less restrictive alternative to the appointment of a guardian: CHARLES N. TRASK is not competent to execute a power of attorney. No less restrictive alternatives are available to adequately provide for the physical and financial care of CHARLES N. TRASK. 16. The Petitioners request that the guardians be granted powers to act for CHARLES N. TRASK in the following specific areas: financial management and medical and health care affairs including care and placement decisions, access to all medical records and power to make all decisions regarding medical treatment and life support. 17. The proposed guardians have the following qualifications: The proposed guardians are the wife and son of CHARLES N. TRASK. The proposed guardians love and care for him. 18. The gross value of the Estate of CHARLES N. TRASK is approximately One Hundred Forty-Nine Thousand Nine Hundred Fifty-Five Dollars ($149,955.00), not including joint property with wife which includes a house. CHARLES N. TRASK's net income from all sources totals approximately Three Thousand Eighty Eight Dollars $(3,088.00) per month ($400 from Social Security and $2,688 from a pension). 19. Charles N. Trask and Pearl P. Trask hold an interest in real property as tenants by the entireties. The property is located at 1070 Stevens Road, York Haven, Pennsylvania, 17370 (hereinafter referred to as "the residence"). Pearl P. Trask still resides at the residence and it is her primary residence. 19. CHARLES N. TRASK is likely to qualify for Medical Assistance during his residency at Golden Living Center. 20. Pearl P. Trask desires to have the residence transferred into her sole ownership. This transfer would serve to protect the property for her. 21. Pennsylvania statute provides that transfers for less than fair consideration do not result in an ineligibility period when the transfer is made between spouses (attached as Exhibit "A" is a copy of 55 Pa. C.S.A. ~ 178.104(e)(1)). Petitioners respectfully requests that the Court, under Section 5511 of the Probate, Estates and Fiduciaries Code, issue a Citation to CHARLES N. TRASK, CHARLES N. TRASK's next of kin, Golden Living Center (health facility), and to such other persons as the Court directs, to show cause why CHARLES N. TRASK should not be adjudged to be an incapacitated person and plenary guardian of his person and estate be appointed. Petitioners also respectfully request this Honorable Court to enter an Order, pursuant to the Probate Estates and Fiduciary Code 20 PA C.S.A. ~5536 (b)(2), authorizing Pearl P. Trask to sign a Deed transferring Charles N. Trask's interest in that real property located at 1070 Stevens Road, York Haven, Pennsylvania, 17370 to his spouse, Pearl P. Trask. Respectfully submitted, JAN L. BROWN & ASSOCIATES '. Date: )- ~ --08 B Ja eline A. Kelly, Esquir Attorney for Petitioner Attorney ID No. 91973 845 Sir Thomas Court, Suite 12 Harrisburg, Pennsylvania 17109 (717)541-5550 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN ~ On this, the d& day of rehrwt1 ,2008, before me, the undersigned officer, personally appeared Pearl P. Trask and Nigel . Trask who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of their knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. -.....--- .j ''I .( }; Pea~ask' ' \ '/"('. S \.L. \ 1 \ ~~(r ~ Nigel A. k' ~ SWORN to and snbscribed before me this .:26.1f.- day of Feh ~11 ' 2008. ~ ,~-dl j(;l( .o~ 7 NOtARIAl. SIAl. MCQUluNl A ICIUY cnv Of ~ PublIc -. c . DAIIPHIN c ...,. om"""fon I.PIt.. Dee '7. 20J , VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. .) ') . .--...-- '- -~~~J Iv/~ r \ Y C\ ~)<. Pearl P. Trask ~4S;; Nigel A. Trasl{ an alleged incapacitated person : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION (JOO'6 - 030c; :NO. IN RE: CHARLES N. TRASK CONSENT TO APPOINTMENT AS GUARDIAN 1. The names of the proposed guardians of the person of CHARLES N. TRASK are Pearl P. Trask and Nigel A. Trask. 2. The names of the proposed guardians of the estate of CHARLES N. TRASK are Pearl P. Trask and Nigel A. Trask. 3. The proposed guardians speak, read and write the English language. 4. The proposed guardians do not have an interest adverse to the alleged incapacitated person. 5. The proposed guardians are not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and are not the surety, or officer or employee of a corporate surety of such fiduciary. '? n ,(I ----\,., /' (" I ( '~..J1..2)--Y-- J~ / ( Y (.\ :> \ Dated: 2-2lR'Of Pearl P. Trask 0~.4.~ Nigel A. Trask , IN RE: CHARLES N. TRASK an alleged incapacitated person : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION ~~ -o3oCf : NO. On the Petition of Pearl P. Trask and Nigel A. Trask JOINDER I, CHRISTOPHER O. TRASK, join in this Petition to Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person filed by Pearl P. Trask and Nigel A. Trask to have Pearl P. Trask and Nigel A. Trask named as Guardians of Charles N. Trask. Witness: ~~ ~ STATE OF ARIZONA : SS: COUNTY OF \V\.o-c." '- cO(? <>- ON THIS, the ~ day of ~CA......C"L ""-___ , 2008, before me a Notary Public for the State of Arizona, personally appeared CHRISTOPHER O. TRASK, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set m - - - ~ (j OMAR QONZALEZ I R" . Notary PubllQ . ANona . MarlcopCI eounty .... ". . ~ Comm.Explfel Dee 6.201" .~t .... ---- LexisNexis(TM) Basic Case Law & Statutes I Search - 1 Result - 55 Pa. C.S.A. 178.104 Page 1 of 4 Service: Get by Citation Terms: 55 Pa. C.S.A.178.104 55 Pa. Code 9 178.104 PENNSYLVANIA ADMINISTRATIVE CODE Commonwealth of Pennsylvania Pennsylvania Code Copyright (c) 2008 Pennsylvania Legislative Reference Bureau. All rights reserved. *** THIS DOCUMENT IS CURRENT THROUGH THE JANUARY 2008 SUPPLEMENT *** *** Changes effective through 37 Pa.B. 6096 (November 10, 2007) *** TITLE 55. PUBLIC WELFARE PART II. PUBLIC ASSISTANCE MANUAL SUBPART D. DETERMINATION OF NEED AND AMOUNT OF ASSISTANCE CHAPTER 178. RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA SUBCHAPTER B. AGED, BUND AND DISABLED CATEGORIES OF MA DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA 55 Pa. Code 9 178.104 (2008) 9 178.104. Disposition of assets and fair consideration provisions for transfers on or after July 30, 1994 (a) If assets are disposed of on or after July 30, 1994, 99 178.105 and 178.106 (relating to presumption of disposition of assets to qualify for MA for transfers on or after July 30, 1994; and reestablishment of MA eligibility after transfers made on or after July 30, 1994) and this section apply to an institutionalized individual who is applying for or receiving MA for NFC as defined in 9 178.2 (relating to definitions), including services in an ICF/MR, or a level of care in an institution equivalent to NFC, or home or community-based services furnished under a Title XIX waiver and the individual or the individual's spouse transfers assets for less than FMV. (b) An institutionalized individual who disposes of assets for less than FMV on or after the look back date in subsection (c) is ineligible for MA for NFC which includes the services set forth in subsection (a). A transfer of assets by the community spouse to a person other than the institutionalized spouse is treated and affects the eligibility of the institutionalized spouse thl:! same as a transfer by the institutionalized spouse. (c) The look-back date shall be 36 months from the date on which the individual is both institutionalized and has applied for MA, except in the case of payments from a trust, or portions of a trust, as described in 9 178.7(e)(1)(iii) and (2)(ii) (relating to treatment of trust amounts for all categories of MA for trusts established on or after July 30, 1994) which are https:l/www3.lexisnexis.com/bcls/auth?cacheKev==T1RRQ7dSl.1.Rr"T"u=~1- r" -~.. ...... ~ LexisNexis(TM) Basic Case Law & Statutes I Search - 1 Result - 55 Pa. C.S.A. 178.104 Page 2 of 4 considered assets disposed of for less than FMV by the individual. In this instance, the look- back date shall be 60 months. (d) The number of months of ineligibility for the institutionalized individual who disposes of assets for less than FMV shall be equal to the total cumulative UV of all assets transferred by the individual or the individual's spouse on or after the look-back date divided by the average monthly cost to a private patient of NFC in effect in the Commonwealth at the time of application. (e) An individual will not be ineligible for payment for NFC if: (1) The assets were the resident property and title to the home was transferred to: (i) The spouse of the individual. (ii) The individual's child who is under 21 years of age, or blind or permanently and totally disabled as determined under 9 140.81 (relating to deductions from earned income), or is blind or disabled based on 551 criteria as specified in 42 U.s.C.A. 9 1382c{a)(3). (iii) A sibling of the individual who has an equity interest in the home and who resided in the individual's home for at least 1 year immediately before the date the individual became an institutionalized individual. (iv) A son or daughter of the individual, other than a child described in subparagraph (ii), who resided in the individual's home for at least 2 years immediately before the date the individual became an institutionalized individual and who provided care to the individual which permitted the individual to reside at home rather than in an institution or facility. (2) The assets were transferred to one of the following: (i) The individual's spouse or to another for the sole benefit of the individual's spouse. (ii) To another for the sole benefit of the individual's spouse, from the individual's spouse. (iii) The individual's child described in paragraph (l)(ii), or to a trust, including one described in 9 178.7(f), established solely for the benefit of the individual's child. (iv) A trust, including a trust described in 9 178.7(f), established solely for the benefit of an individual under 65 years of age who is disabled based on 551 criteria as specified in 42 1,J~S.C.~9-J382~( a )(3). (3) The individual, the individual's spouse or someone else acting on behalf of the individual can show that one of the following applies: (i) The individual intended to dispose of the assets either at FMV or for other valuable consideration. (ii) The assets were transferred exclusively for a purpose other than to qualify for MA. (m) The assets transferred for less than FMV were returned to the individual. (4) The Commonwealth determines that denial of eligibility would cause undue hardship as defined in 9 178.2. Cf) If an asset is held by an individual in common with other persons in joint tenancy, tenancy in common or a similar arrangement, the asset or the affected portion of the asset httPs:llwww3.1exjsnexjs_comlhd~/:mth?(,::I('hpJ( pv=T1~~Q7LlQA.9r,,~,-~I- ,.,-~. '"' ~ SP 4-Dl(6-9fl) COMMONWEALTH OF PENNSYLVANIA NOTIFICATION OF MENTAL HEALTH COMMITMENT The Uniform Firearms Act, 18 PA. C.S. 6105 (C)(4) specifies that it shall be unlawful fer any person adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under Section 302, 303, or 304 of the Mental Health Procedures Act of July 9. 1976 (P.L.617, No. 143) to possess, use, manufacture, conlrol, sell ()(' traRsfer firearms. This would indude adjudication of incapacity pursuant to 20 Pa.C.SA 55501. Pursuant to the Pennsylvania Mental Health Procedures Act. Section 109, notification shall be transmitted to the Pennsylvania State Police by the judge, mental health review officer or county mental health and mental retardation administrator within SEVEN days of the adjudication, commitment or treatment by first dass mail to the PennsylvanIa Stale Police, Attention: FJreann Unit. 1800 Elmerton Avenue, Harrisburg, PA 17110. NOTE: The envelope shall be mar1<ed ~CONFIDEN11AL. Place an .X. on either Involuntary Commitment or Adjudicated Incompetent INVOLUNTARY COMMITMENT ADJUDICATED INCOMPETENT X Date of Involuntary Commitment or Adjudicated Incompetent I NO IVI [) UAL INFO RMA TI 0 N (INDIVIDUAL INVOLUNTARILY COMMITTED OR ADJUDICATED INCOMPETENT) LAST NAME Trask I FIRST CharIeR . MIDDLE N. JR., ETC. MAIDEN NAME ALlAS DATE OF ElIRTH 9 / ') 4 ! 1 9 2 4 SEX~_ RACE whi te 46 Erforn Road, Camp ~iJl, PA SOCIAL SECURITY NUMBER 003-12-0632 HEIGHT 5' 8 " WEIGHT 130 Ibs HAIR gray EYES brown ADDRESS 17011 NOTIFICATION BY (Please print name, address, area code, and phone number of agency or county court.) County Submitting Notification _ t . . , ~.:: C~un~ M~ntal Health and' Mentaf Retardation Administrator County Mental Health Review Officer Physician Certifying Necessity of Involuntary Commitment (Requiwd in accordance with Section 6105(c)(4) of the Uniform Firearms Act) Hospital! Facility Providing Treatment! Address Judge _ ~. SIGNA TUIRE OF NOTIFYING OFFICIAL DATE Court Case Number ',-., '" Date or Court Order . ' " I '1,.1.., "' ,.. ." .A"A......." ~.,........ ""A. .loA..""" ,I....................................." ..........a ~J."'''' "......-.-............,J.J.... . . .L......... .......... ........................... .....................,J. J..l,.L........ ............. .....---........--~.........--~...... ... J.... ....~ " NOTIFlCATION OF PHYSICIAN'S DETERMINATION THAT NO SEVERE MENTAL DISABILITY EXISTS - - The physidan shall provide signed confirmation of the determination of the lack or severe mental disability following the initial examination under Section 302(b) of the Mental Health Procedure.sAct and pursuant to the Uniform Firearms Act, Section 6111.1 (g)(3). . Notice shall be lransmitted by the physician to the Pennsylvania Stale Police through the county . mental health and mental retardation administrator or mental health review officer.' . Name of Physician (Please print.) <::-;nn..,t. In." rd Phv,iri;,n DJte