Loading...
HomeMy WebLinkAbout09-09-08 (2)Mark UV. Allshouse, Esq. The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Matter of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HAZEL KAIL ~ ~ - ~9C~ Alleged incapacitated person ORPHANS COURT DIVISION - GUARDIANSHIP PETITION OF LAWRENCE KAIL FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO Pa. C.S.A. &5513 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner is Lawrence Kail, husband of Hazel Kail (the alleged incapacitated person). 2. The alleged incapacitated person was born on September 7, 1923, is 84 years of age, married, and residing at Claremont Nursing and Rehabilitation at 1000 Claremont Road, Carlisle, PA 17013. 3. The following persons are, to the best of Petitioner's knowledge, information and belief, the only living next of kin and intestate beneficiaries of the alleged,,, ~~ incapacitated person: ? ~~ ~ _-,~ 4 TS Lawrence Kail, Husband ~'-~ '~ 335 Bahama Circle Carlisle, PA 17015 Debra Marpoe, Daughter 33 Goodyear Road Carlisle, PA 17013 --~~ `=' v'~ J .-'7 LJ T~ •t ~~ u _.} ~~:~ C. f `. .. , ir,, z~ ._-,,-: t `~ ~.. ~ C y Vickie M. Wagmman, Daughter 1507 Center Mills Road Aspers, PA 17304 4. Petitioner estimates the alleged incapacitated person's annual income to be $7,500.00. 5. To the extent known by Petitioner, it is believed all assets of Hazel Kail are marital assets jointly owned with Petitioner and that other than clothing and personal items worth less than $1,000.00, Hazel Kail has no individual assets. 6. The alleged incapacitated person was not a member of the Armed Services of the United States and is not receiving benefits from the United States Veteran's Administration. 7. The alleged incapacitated person suffers from Alzheimer's Disease, manifested by memory loss, confusion, and other physical disabilities, including inability to properly care for herself or her finances. The alleged incapacitated person also suffers from hearing loss, making communication with her very difficult. 8. Because of Hazel Kail's mental condition, the alleged incapacitated person is unable to manage her financial affairs, property, or business and is unable to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. Moreover, the incapacitated person does not have the capacity or physical ability to pay bills, maintain and convey real property, or manage her entitlement or benefits. 9. The following alternative to the appointment of a guardian of the estate has been considered: Power of Attorney, naming Petitioner as agent, but this alternative is ineffective for the following reason: alle ed incapacitated person 2 lacks capacity to sign a document assi~nin~ and desi~natin~ authority to an a ent. 10. Because of her impaired mental and physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning her person and is unable to keep herself properly nourished, hydrated and cleansed, seek needed medical services, or other such necessary responsibilities. 11. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a guardian of her estate be appointed to manage and handle aspects of the alleged incapacitated person's estate, specifically including: her cash, checks, and any bank or savings account held in her name her abilityto manatee purchase, sell and convey her interests in real property her life and other insurance of which she is a beneficiary, her entitlement to any governmental and non-governmental benefit plans, federal, state, and local taxes claims made or to be made on behalf of him or against him, the execution of documents, entry into contracts affecting her and the payment of reasonable compensation of costs to provide services for him. 12. Petitioner is not aware that the alleged incapacitated person signed any Power of Attorney or in any other way designated anyone to serve as her agent over any of her personal or financial affairs. 13. The proposed guardian of the estate of the alleged incapacitated person is Lawrence Kail, husband of the alleged incapacitated person, who resides at 335 Bahama Circle, Carlisle, PA 17015 14. The proposed guardian of the estate is 72 years of age, is retired, and is physically and mentally able to handle the affairs of Hazel Kail. 15. The proposed guardian of the estate has no interest adverse to the alleged incapacitated person. 16. The executed consent of the proposed guardian of the estate is attached as Exhibit "A". 17. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 18. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this court issue the attached citation directed to Hazel Kail, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why Hazel Kail should not be adjudged an incapacitated person and Lawrence Kail appointed guardian of her estate. ~" / Lyndsey .Leatherman Mar W. Allshouse, Esq. Certified Legal Intern Sup rvising Attorney The lder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Supreme Court Number 78014 4 Mark W. Allshouse, Esq. The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Matter of 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HAZEL KAIL Alleged incapacitated person ORPHANS COURT DIVISION - GUARDIANSHIP CONSENT OF PROPOSED GUARDIAN I, Lawrence Kail, as proposed guardian of the estate of Hazel Kail, hereby consent to being named guardian of the estate and of the person and certify that the following items are true and correct: 1. I reside at 335 Bahama Circle, Carlisle, PA 17015; 2. I am currently retired, and was previously the full-time caregiver for Hazel Kail, the alleged incapacitated person; 3. I speak, read, and write the English language; 4. I do not have any interest adverse to Hazel Kail, the alleged incapacitated person; 5. I am not a fiduciary, or an officer or employee of a corporate fiduciary, or an estate in which Hazel Kail, the alleged incapacitated person, has an interest; not the surety, or an officer or employee of a corporate surety of such a fiduciary. 1 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~~~ ag ~_a~r.~ ~ ~~ Date Lawrence Kail Petitioner 2