HomeMy WebLinkAbout04-0399IN RE: MARGARET P BOYER
AN ALLEGED INCAPACITATED PERSON
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· ORPHANS' COURT DIVISION
· NO. 21-2004-0399
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your fights will be affected, including your fight to
manage money and property and to make decisions. A copy of the petition which has been filed by
Beverly Healthcare Camp Hill is attached.
You are hereby ordered to appear at a heating to be held in Court Room No. 4, Cumberland
County Courthouse, Carlisle, Pennsylvania, on June 10 ,2004, at 9:30 AM. to tell the
Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your
behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent·
At the heating, you have the fight to appear, to be represented by an attorney, and
to request a jury trial. If you do not have an attorney, you have the fight to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot afford to pay them yourself. You also have the fight to request that the
Court order that an independent evaluation as to your alleged incapacity·
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. If the
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Court.
If you do not appear at the heating (either in person or by an attorney representing you)
the court will still hold the heating in your absence and may appoint the Guardian requested.
Clerk, Orphans Court Division
Cumberland County, Carlisle, PA
My Commission Expires st
1 Monday,
January, 2006
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
MARGARET P. BOYER,
AN ALLEGED
INCAPACITATED PERSON.
ORPHANS' COURT DIVISION
PETITION FOR THE APPOINTMENT
OF A PERMANENT PLENARY GUARDIAN
OF THE PERSON AND ESTATE
Filed on Behalf of Petitioner:
Beverly Healthcare Camp Hffi
Our Matter No. 457-03
Counsel of Record for this Party:
CAPOZZI AND ASSOCIATES, P.C.
Doreena _C_~_g_ Sloan, Esquire
Attorney ID No. 44880
2933 North Front Street
Harrisburg, PA 17110
(717) 233- 4101
(717) 233- 4103
Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
MARGARET P. BOYER,
AN ALLEGED
INCAPACITATED PERSON.
ORPHANS' COURT DIVISION
No.
PETITION FOR THE APPOINTMENT
OF A PERMANENT GUARDIAN OF
THE PERSON AND ESTATE
PRELIMINARY ORDER OF COURT
AND NOW, this ,L~~z~ day of ~ ,2004, the foregoing Petition
having been presented in open Court, upon consideration thereof and on motion of Doreena
Craig Sloan, Esquire, for the Petitioner, it is ORDERED and DECREED that a Citation be
issued by the Register of Wills and directed to MARGARET BOYER, to show cause why a
be appointed, retumable the
o'clock, ,;~ .M., Prevailing
Permanent Guardian of her Person and Estate should not
{d)O~ day of ~ ,2004 at c~ 30
Time, in the Cumberland County Court of Common Pleas, Orphan's Court Division, Court
Room No. tp/ ., Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 17013-3387.
The time and place of this hearing on the petition for the Appointment of a Permanent
Guardian of the Person and the Estate of Alleged Incapacitated Person are fixed for the
? 0'O~ day of ~ ,2004 at q ~ 30 o'clock, ~'- .M., Prevailing Time, in the
Cumberland County Court of Common Pleas, Orphan's Court Division, Court Room
No. ~7/ , Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland,
Pennsylvania 17013-3387. At least (20) twenty days' written notice of the heating on the
Appointment of the Permanent Guardian of her Person and Estate shall be given to MARGARET
P. BOYER, the alleged incapacitated person, by serving her personally with the Citation and this
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Order of Court and a copy of the foregoing Petition together with an explanation of the content
and terms of the Petition. Additionally, at least (20) days' written notice of the petition and
hearing on appointment of a permanent Guardian shall be given to the following: All persons
residing within the State of Pennsylvania who are sui juris and would be entitled to share in the
estate of the Alleged Incapacitated Person if she were to die intestate; to the person or institution
providing residential care to the alleged incapacitated person; and to the following other parties
in interest: All next of kin. Such notice of the permanent hearing to persons other than the
Alleged Incapacitated Person shall be made either personally or by registered or certified mail.
Per Curiam,
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
MARGARET P. BOYER,
AN ALLEGED,
INCAPACITATED PERSON.
ORPHANS' COURT DIVISION
No.
Petition For The Appointment Of A Permanent Guardian _~
Of The Person And The Estate Of An Alleged Incapacitated Person
PETITION FOR THE APPOINTMENT
OF a PERMANENTGUAI~IAN.~
THE PERSON AND ESTA~'E
AND NOW comes Petitioner, Beverly Healthcare Camp Hill, through their attomey,
Doreena Craig Sloan, Esquire, and presenting this Petition to this Honorable Court for the
Appointment of a Permanent Guardian of the Person and the Estate of MARGARET P. BOYER,
an Alleged Incapacitated Person, representing as follows:
1. Petitioner, Beverly Healthcare Camp Hill is a nursing facility offering skilled care and
long-term care and is located at 46 Erford Road, Camp Hill, Pennsylvania 17011.
Petitioner is licensed to participate in the Medicaid and Medicare programs.
2. The Alleged Incapacitated Person is MARGARET P. BOYER, an 85-year-old female
residing permanently at Beverly Healthcare Camp Hill. Her date of birth is January 8,
1919, and her Social Security number is 192-30-0453.
3. Petitioner is an interested party because the Petitioner is currently providing long- term
care and nursing services to the Alleged Incapacitated Person. Petitioner has a statutory
and contractual obligation to act in the best interests of the Alleged Incapacitated Person.
4. The Alleged Incapacitated Person was admitted to Beverly Healthcare Camp Hill on
February 22, 2001. Her prior residence was 2721 Fishing Creek Valley, Harrisburg, PA
17112.
5. The Alleged Incapacitated Person is diagnosed with Senile Dementia, Parkinson's
Disease and Psychotic Conditions.
6. The Alleged Incapacitated Person has never served in the Armed Forces of the United
States of America.
7. The Alleged Incapacitated Person does not generally comprehend her surroundings to
such an extent that she requires consistent supervision in her activities of daily living. As
a result of her condition, the Alleged Incapacitated Person requires specific one-on-one
assistance with grooming, transferring, ambulation, toileting and bathing.
8. The Alleged Incapacitated Person is incapable of handling her personal affairs, however
minor, and if called upon to grant informed consent to any medical procedure she would
be unable to grant it because of her inability to comprehend the nature of the procedure.
Additional information is set forth in the competency affidavit, prepared by her treating
physician Dr. James Harty, 207 House Avenue, Cumberland County, Camp Hill, and
incorporated by reference attached hereto, and marked Exhibit "A."
9. The Alleged Incapacitated Person is not expected to recover from her current condition to
become sufficiently independent to return to the community.
10. After reasonable investigation Petitioner has determined that the Alleged Incapacitated
Person has the following living next of kin:
Linda Schultheiss, (Niece/POA)
3081 Fishing Creek Valley
Harrisburg, PA 17112
Ervin T. Boyer (Brother)
2731 Fishing Creek Valley Road
Harrisburg, PA 17112
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11. Petitioner believes that next of kin should not serve as Guardian as they have not actively
participated in her medical care, visited Mrs. Boyer, or regularly paid for the costs of her
care as she agreed in the contract to provide care for her.
12. After reasonable investigation, Petitioner can find no other individual willing to act as
Guardian for the Alleged Incapacitated Person.
13. There is a Durable Power of Attorney dated February 22, 1001 from the Alleged
Incapacitated Person to Linda Schultheiss, her niece.
14. The Alleged Incapacitated Person has limited assets that consist chiefly of two tracts of
land in Dauphin County, Social Security income in the amount of $460.00 per month and
a pension in the amount of $167.96 per month. The Social Security and Pension are
being managed by Petitioner for her care.
15. Petitioner requests the Guardian be assigned the following powers below described:
a. Making Medical decisions, which would include but not be limited to:
i. medication, antibiotics, hydration, tube feeding, respirator use;
ii. situations related to the active dying process;
iii.hospice selections;
iv. selecting or replacing the attending physician;
v. skilled care and acute care placement;
b. Maintaining order in the financial affairs of the Alleged
Incapacitated Person, which would include but not be limited to:
i. establishing the guardianship bank account;
ii. marshalling the alleged incapacitated person assets;
iii. paying bills for the alleged incapacitated person, including
bills for nursing care and services;
iv. making bank deposits;
v. writing checks for expenses;
vi. performing all other acts necessary to avoid waste with
respect to the assets of the alleged incapacitated person.
16. Petitioner knows of no available less restrictive alternative to the establishment of a
Permanent Guardian of the Person and Estate of the Alleged Incapacitated Person.
17. The Proposed Guardian is Adjustments, Inc., located at 31 Eagle Lane, Reading,
Pennsylvania 19607, which for a fee provides Guardianship services to persons in need of
such services.
18. Adjustments, Inc., having no interest adverse to the Alleged Incapacitated Person, has
agreed to act as Guardian of her Person and Estate if this Honorable Court shall so
appoint. The executed Consent of the Proposed Guardian is attached to this Petition and
marked Exhibit "B."
19. Neither Petitioner, nor Proposed Guardian, is related to the Alleged Incapacitated Person
nor does either have an interest in the estate of same.
20. If appointed by this Honorable Court, the Guardian will act in compliance with
regulations promulgated under Court Order in Pennsylvania Bulletin 931, et seq., April
19, 1975.
21. An Application for Medical Assistance is pending before the Department of Public
Welfare which is incomplete due to the inability of MARGARET P. BOYER to provide
the required information and the consistent failure or refusal of her Power of Attorney to
provide the required information.
22. As a Medicaid recipient, the Alleged Incapacitated Person is required to maintain total
assets of not more than $2,500.00.
23. As a Medicaid recipient, the Alleged Incapacitated Person will receive a personal
allowance of $30.00 a month.
9
24. The current bill for care provided to MARGARET P. BOYER exceeds $1,200.00 and her
Power of Attorney has consistently failed or refused to timely pay the bill as he agreed in
the Admissions Agreement.
25. The Alleged Incapacitated Person's funds are maintained in a resident fund at Beverly
Healthcare Camp Hill.
26.20 Pa.C.S.A. §5515 states "... provisions relating to a guardian of an incapacitated
person and her surety shall be the same as are set forth in the following provisions of this
title relating to a personal representative or a guardian of a minor and their sureties:..."
Section 5122 (relating to when bond not required).
27.20 Pa.C.S.A. §5122 (d) states "in all other cases, the court may dispense with the
requirement of a bond when, for cause shown, it finds that no bond is necessary."
WHEREFORE, Petitioner respectfully requests this Honorable Court to:
1. Award a Citation directed to MARGARET P. BOYER and others as the Court sees fit to
show cause why MARGARET P. BOYER should not be declared an incapacitated
person and why a Permanent Guardian of her person and Estate should not be appointed;
2. Appoint Adjustments, Inc., as Permanent Guardian of the Person of MARGARET P.
BOYER.
3. Dispense with the requirement that the Proposed Guardian obtain a bond.
Date:
Donee }~~r~squire
Attorney ID No.: 44880
2933 North Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorneys for Petitioner
PoCo
10
Attorney ID No.: 44880
2933 North Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
MARGARET P. BOYER,
AN ALLEGED
INCAPACITATED PERSON.
) ORPHANS' COURT DIVISION
)
) No.
)
) PETITION FOR THE APPOINTMENT
) OF A PERMANENT GUARDIAN OF
) THE PERSON AND ESTATE
)
VERIFICATION
I, ~V~ ~'~o ~q eqe ,_~ 1_~1/~ , ~k) ]-J/~ , am an authorized
representative of Beverly Healthcare Camp Hill, Petitioner in this matter, do hereby depose and
state that the facts contained in the foregoing Petition are true and correct to the best of my
knowledge, information and belief. I understand that false statements made herein are subject to
the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities.
Beverly Healthcare Camp Hill
11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
IN THE MATTER OF MARGARET P. BOYER,
an Alleged Incapacitated Person
· Petition for the Appointment of a Permanent
· Guardian of the Person and Estate
2.
3.
4.
o
5.
6.
7.
8.
9.
10.
Affidavit of Dr. James Harry in Support of Petition to
Adjudicate MARGARET P. BOYER, an Alleged Inc~_pecitated Person
My name is Dr. James Harry.
My occupation is as a physician.
My business address is 207 House Avenue, Camp Hill, PA 17011.
My educational background is as follows:
a. State Medical/Graduate School
Medical College of Virginia
b. State Undergraduate
University of Illinois
am licensed by the State of Pennsylvania as M.D.
specialize in Private Practice.
am affiliated with Beverly Healthcare Camp Hill
have been affiliated with Beverly Healthcare Camp Hill since December 3, 2002.
first met MARGARET P. BOYER in October 2003.
last met with MARGARET P. BOYER on February 24, 2004.
last reviewed MARGARET P. BOYER'S chart on February 24, 2004.
EXHIBIT
11.
12.
15.
16.
17.
18.
19.
MARGARET P. BOYER'S pertinent diagnoses are: Senile dementia, Hypertension,
Parkinson's Disease, Gastrointestinal bleed,
MARGARET P. BOYER currently takes the medications on the list attached to this Affidavit.
MARGARET P. BOYER'S prognosis is: Fair.
The extent of MARGARET P. BOYER'S ability to communicate is as follows:
a. Verbally Fair.
b. In Wdting Poor.
c. Other Means Poor.
The extent of MARGARET P. BOYER' S ability to receive information is as follows:
a. Reading: Fair.
b. Headng: Fair.
MARGARET P. BOYER is capable of independently performing ONLY the following activities
of daily living.
a. Eating
MARGARET P. BOYER has emotional limitations in the form of: Senile Dementia.
20.
MARGARET P. BOYER is ABLE to interact socially on any meaningful level.
If ABLE, then please describe: Although limited by her dementia.
21.
22.
23.
24.
MARGARET P. BOYER does not generally comprehend her surroundings to such an
extent that she requires consistent supervision in her activities of daily living. As a
result of her condition, she requires specific one- on- one assistance with grooming,
transferring, ambulation, toileting and bathing. She absolutely could not manage any
of her own activities of daily living without supervision or assistance.
MARGARET P. BOYER IS NOT capable of handling her financial and personal affairs,
however minor. She requires total assistance in these areas.
MARGARET P. BOYER, if called upon to grant informed consent to any medical procedure,
however minor or straightforward, would be unable grant it because of her inability to
comprehend the nature of the procedure.
MARGARET P. BOYER absolutely cannot actively and effectively participate in monitoring and
managing her own medical care and medication. She requires supervision in this area.
13
25.
MARGARET P. BOYER's limitations relevant to this guardianship proceeding are not likely to
improve neither in the immediate future nor over time. To the extent relevant change is likely,
it will be, in my opinion, expressed with reasonable medical certainty, for the worse.
26.
I have been made aware of the statutory definition of "incapacitated person" under
Pennsylvania law.
27.
My opinion, based on my examinations of MARGARET P. BOYER and my review of her
medical records, expressed with reasonable medical certainty, is that MARGARET P. BOYER
is totally incapacitated as to matters affecting her person.
28.
My opinion, based on examinations of MARGARET P. BOYER and my review of medical
records, expressed with reasonable medical certainty, is that she is totally incapacitated as to
matters affecting her financial affairs.
29.
Based on the opinions that I have expressed, my opinion, expressed with reasonable medical
certainty, is that MARGARET P. BOYER requires the appointment of a guardian of her person
and estate.
30.
My opinion is that MARGARET P. BOYER could possibly be harmed if she were required to
attend her guardianship, however, I feel this point is moot because MARGARET P. BOYER
would not be able to contribute in any way to the headng.
31.
My opinion is that MARGARET P. BOYER would not understand nor benefit from participation
in a court headng regarding a determination of her capacity to handle her own personal and
financial affairs.
I, Dr. James Harry, being duly swom according to law deposes and says that I make this Affidavit
on behalf of MARGARET P. BOYER and that the facts set forth in the foregoing Affidavit are true and
correct to the best of my knowledge, information, and belief.
I vedfy that the statements in this Affidavit are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to
authorities.
Date: ~-7,.~ - o ~/.-
Dr. James Had~/'
Swom to and subscribed before me this ~(3'~-~ day of (~d~, Y ~ \ ,200~.~
Notary Public-/
My Commission Expires:
I NOTARIAL SEAL I
JANET E SOUDER, NOTARY PUBLIC
WORMLETSBURG BORO., CUMBERLAND CO.
MY COMMISSION EXPIRES JUNE 11r 2006
14
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
MARGARET P. BOYER,
AN ALLEGED
INCAPACITATED PERSON.
) ORPHANS' COURT DIVISION
)
) No.
)
) PETITION FOR THE APPOINTMENT
) OF A PERMANENT GUARDIAN OF
) THE PERSON AND THE ESTATE
)
CONSENT OF THE PROPOSED GUARDIAN
I, Kalpana Doshi, am an authorized representative of Adjustments, Inc., and do hereby
certify we are willing to act as the Permanent Guardian of the Person and Estate of MARGARET
P. BOYER, if the Court shall so appoint us.
Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged
incapacitated person has an interest, nor have I any interest adverse to the alleged incapacitated
person.
The facts and opinions contained herein are true and correct to the best of my knowledge,
information and belief.
Date
Adjustments, Inc.
Sworn to and subscribed before me this
My Commission Expires:
2~ dayof
Notary P~__flc
,200~
17
IN RE: MARGARET p. BOYER :
AN ALLEGED INCAPACITATED :
PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2004-0399
IN RE: PETITION FOR THE APPOINTMENT OF A PERMANENT
GUARDIAN OF THE PERSON AND THE ESTATE OF AN ALLEGED
INCAPACITATED PERSON
ORDER OF COURT
AND NOW, this 10th day of June, 2004, in accordance
with the agreement as announced by counsel in open court this
date, and pending the implementation of the terms thereof, the
pending petition for appointment of a plenary guardian is deemed
withdrawn.
Doreena Craig Sloan, Esquire
For Petitioner
Marielle F. Hazen, Esquire
For Linda Schultheiss
:bg
By the Court,
IN RE: MARGARET P. BOYER :
AN ALLEGED INCAPACITATED :
PERSON :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2004-0399
IN RE: PETITION FOR THE APPOINTMENT OF A PERMANENT
GUARDIAN OF THE PERSON AND THE ESTATE OF AN ALLEGED
INCAPACITATED PERSON
ORDER OF COURT
AND NOW, this 10th day of June, 2004, in accordance
with the agreement as announced by counsel in open court this
date, and pending the implementation of the terms thereof, the
pending petition for appointment of a plenary guardian is deemed
withdrawn.
By the Court,
Doreena Craig Sloan, Esquire
For Petitioner
Hess, J.
Marielle F. Hazen, Esquire
For Linda Schultheiss
:bg