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HomeMy WebLinkAbout05-27-08 II 1;1: I I. IN RE: JUANA CONCEPCION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION AN ALLEGED INCAPACITATED PERSON NO. 2 lot 0 ~10 I PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON OF JUANA CONCEPCION IN ACCORDANCE WITH 20 PA. C.S.A. ~ 5511 AND NOW comes Petitioner, Altagracia Oquendo, by her attorneys, Turo Law Offices, and presents this petition for appointment of plenary guardian of the person and the estate of Juana Concepcion, an alleged incapacitated person, and in support thereof avers the following: 1. Petitioner is Altagracia Oquendo, daughter of the alleged incapacitated person and an adult individual, residing at 445 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. (Exhibit "A", Petitioner's affidavit of consent to serve as guardian, is attached hereto and incorporated herein as if fully set forth.) 2. The alleged incapacitated person, Juana Concepcion, is a widow, is 87 years of age, was born on March 2,1921, is domiciled in Pennsylvania, and resides at the Golden Living Center, 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The following persons, all over 18 years of age, are the only known living next-of-kin of the alleged incapacitated person: A. Altagracia Oquendo (daughter), 445 Silver Spring Road, Mechanicsburg, PA 17050 B. Esteban Oquendo (son), P.O. Box 8895, Vega Baja, PR 00694 C. Alnardo Oquendo (son), P.O. Box 867, Dorado, PR 00646 4. The alleged incapacitated person was not a member of the armed services of the United States and is not receiving any monthly benefits from the United States Veterans' Administration. 5. The alleged incapacitated person presently suffers from the effects of C) f'o..J ..... 1 6. Because of her age and mental health, and because Alzheimer's disease is a permanent, non-reversible disease, the alleged incapacitated person's condition is not expected to improve. 7. By letter dated May 16, 2008, Thomas P. Kunkle, D.O., who has been treating the alleged incapacitated person since December 2007, has concluded that, because of her permanently impaired mental condition, the alleged incapacitated person is unable to manage her own financial resources and unable to meet essential requirements for her own physical health and safety. (Exhibit "B", the letter from Thomas P. Kunkle, D.O., is attached hereto and incorporated herein as if fully set forth.) 8. To the extent known by Petitioner, the alleged incapacitated person owns no assets in her own name. 9. Petitioner estimates the alleged incapacitated person's annual income to be $877 per month from Social Security, which currently is sent directly to the Golden Living Center where the alleged incapacitated person resides. 10. There is no viable, less restrictive alternative to the appointment of a plenary guardian of the person and the estate of the alleged incapacitated person. 11. The alleged incapacitated person's condition necessitates that a plenary guardian of her person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: deciding where the alleged incapacitated person will live; authorizing or withholding consent to medical treatment or medication and psychiatric care; employment and discharge of nurses, aides or other personnel for care; making decisions about social, recreational and other personal care matters; and the administration of her medications to her. 12. The alleged incapacitated person's condition necessitates that a plenary guardian of her estate be appointed to handle all issues relating to the finances of the alleged incapacitated person, specifically including, but not limited to: her cash, checks and any bank accounts; payment of medical and other bills incurred to provide her with proper medical care, insurance and maintenance of her lifestyle; handling claims made on behalf or against her; execution of documents and entering into contracts; social security benefits and any other governmental or non-governmental benefits; and applying for insurance and/or Medicare or Medicaid benefits. 13. Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or advance health care directives or in any other way designated anyone to serve as her agent over any of her personal affairs or as her surrogate over her medical care, or that she designated in writing her wishes with regard to health care, including the use or refusal of life-sustaining treatment. 14. The proposed plenary guardian has no interest averse to the alleged incapacitated person. 15. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 15. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Honorable Court award a citation directed to Juana Concepcion, the alleged incapacitated person, and to such other persons as this Honorable Court may direct, to show cause why Juana Concepcion should not be adjudged a fully incapacitated person, and Altagracia Oquendo be appointed plenary guardian of her person and her estate. 05"/~3/0~ Date IN RE: JUANA CONCEPCION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION AN ALLEGED INCAPACITATED PERSON NO. CONSENT OF GUARDIAN OF ESTATE AND PERSON I, Altagracia Oquendo, hereby certify that I am the daughter of the alleged incapacitated person and that I consent to act as plenary guardian of the person and plenary guardian of the estate of Juana Concepcion, if the Court shall so appoint me. I reside at 445 Silver Spring Road, Mechanicsburg, PA 17050, and I am employed at Import Used Cars Ltd., of Mechanicsburg, Pennsylvania. I am a citizen of the United States of America and can speak, read and write the English language. 51:15 / 0 <I Date Ii; r;9l'~~' _d< Altagra a Oque 0 I EXHIBIT A THOMAS P. KUNKLE. D.O. 500 BRANDT AVE. P.O. BOX 423 NEW CUMBERLAND. PA 17070 (717) 774-0300 May 16, 2008 Lorin A. Snyder, Esq. Turo Law Offices 28 South pitt Street Carlisle PA 17013 RE: Juana Concepcion Dear Mr. Snyder: I have been the attending physician for Juana Concepcion since 12/08/2007. She currently resides in the Alzheimer's care section of Golden Living Center West Shore. During this time I have observed that she is unable to care for herself and requires assistance for activities of daily living. She is able to communicate with staff members in Spanish and is able to make her needs known but she is confused to time and place and gets agitated and combative at times. She is not able to effectively receive and evaluate information when the nursing staff communities with her regarding her actions. She is absolutely unable to manage her own financial resources. She is unable to meet essential requirement for her own physical health and safety. Her ~lzheimer's dementia is totally non reversable and is permanent. Thomas P. Kunkle D.O. TPK/kkb EXHIBIT I B VERIFICATION I, Altagracia Oquendo, verify that the statements made in the foregoing Petition are true and correct to the best of my personal knowledge and belief. I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. ~ ~3 ) 6& Date