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HomeMy WebLinkAbout01-16-09Gregory R. Reed, lEsauire l?0 Parkview Lane Harrisburg, PA 1%1l1 (7',7)238-0434 e-mail: lawofFice(u~epix.net IN TI-IE IN'TEREST OF THE ESTATE AND PERSON OF BERTHA E. REESE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA''~!i`, ORPHANS' COURT DIVISION FILE No. ~ I - U~ -OuS~ PETITION FOR ADJUDICATION OF INCAPACITY AI$~ ° ~.. APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE c4 ; ; ;-' ~.,- PERSON OF BERTHA E. REESE ~'?: ___ r-rt ~ ; ,.. s~ ~; rn ~ , :~ ~ '~ TO: The Honorable Judges of Said Court: ` ~~ The Petition of David L. Reese, by and through his attorney, Gregory R~Reed, Es~i ire. `"' ` ~; respectfully represents that: 1. Your Petitioner is David L, Reese (hereinafter referred to as Petitioner), an adult individual, who resides at 65 Alpine Road, Lewisberry, York County, Pennsylvania. 2. Petitioner is the son of Bertha E. Reese (hereinafter referred to as "Alleged Incapacitated Person") 3. Alleged Incapacitated Person was born June 27, 1923 and is now approximately 85 years of age. 4. Petitioner and Alleged Incapacitated Person are United States citizens. 5. Alleged Incapacitated Person has resided, for approximately the last ten (10) months, at the Golden Living Home at 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsyl~.~ania. 6. Alleged lncapacitated Person has one child, to wit: your Petitioner. 7. Alleged Incapacitated Person is divorced, her former husband is deceased and she never remarried. 8. Alleged Incapacitated Person fell in March of 2008, after which she developed numerous infections which rendered her unable to comprehend and evaluate basic information. 9. Alleged Incapacitated Person is suffering for Alzheimer's. 10. Alleged Incapacitated Person is receiving benefits from the Department of Public Welfare. 1 I. Alleged Incapacitated Person owns no real estate and no assets having market value. l2. Alleged Incapacitated Person's current income is approximately $738.00 per month in Social Security benefits, the Milk of which is used to pay for her care. l3. Alleged Incapacitated Person has never been a member of the armed services of the United States and is not receiving benefits from the United States Veterans' Administration. 14. Because of her mental condition, Alleged Incapacitated Person is unable to manage her financial affairs, property, and business and to make and communicate her need for assistance in these areas. 15. Your Petitioner knows of no alternatives to the appointment of a guardian of her estate and no one has authority to act as her agent in financial and insurance transactions. l 6. The severity of the Alleged Incapacitated Person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her estate be appointed t:o manage and handle all aspects of the Alleged Incapacitated Person's estate, specifically including, but not limited to: all issues relating to her income, payment of general living expensfs, her limited personal property, her entitlement to any governmental and non- governmental benefit plans, claims made or to be made on behalf of her or against her, the 2 execution of documents, entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 17. Because of her impaired mental condition, the Alleged Incapacitated Person lacks the capacity to make or communicate responsible decisions concerning her person. 18. Alternatives to the appointment of a guardian of the person have been considered but they have been ineffective for the following reasons: (a) Alleged Incapacitated Person needs twenty- four (24) hour care in an inpatient facility; and (b) No one has authority to act as her agent and Alleged Incapacitated Person cannot obtain the care on her own. 19. The severity of the Alleged Incapacitated Person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate 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: (a) her living arrangements; (b) her medical care; and (c) the employment and discharge of physicians, nurses, therapists and other professionals for her physical and mental treatment and care. 20. Petitioner is the proposed plenary guardian of the person and estate of the Alleged Incapacitated Person. 21. The proposed plenary guardian has no interest adverse to the Alleged Incapacitated Person. 22. The consent of the proposed plenary guardian is attached hereto, marked Exhibit "1" and incorporated herein by reference. 3 23. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the Alleged Incapacitated Person. WHEREFORE, Petitioner respectfully requests your Honorable Court to award a citation directed to Bertha E. Reese, the Alleged Incapacitated Person, and to such other persons as this Court may direct, to show cause why Bertha E. Reese should not be adjudged a frilly incapacitated person, and David L. Reese appointed plenary guardian of her person and estate. Gregory R. Reed, Esquire Attorney for Petitioner 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney LD.No. 23705 VERIFICATION I, David L. Reese, hereby verify that the statements made in the attached Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person of l3ertha E. Reese are true and correct to the best of my knowledge, information and belief. I understand that if false statements are made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ~/iy~s Date David L. Reese EXHIBIT "1" IN THE INTEREST OF THE ESTATE AND PERSON OF BERTHA E. REESE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA?~'IA ORPHANS' COURT DIVISION FILE No. ACCEPTANCE BY PROPOSED GUARDIAN I certify that my residence is 65 Alpine Road, Lewisberry, York County, Pennsylvania, that I am an adult individual and that I am a citizen of the United States; That I am 55 years of age and employed as a licensed operator at Exelon in Middletown, Pennsylvania; That I speak, read and write the English language; That I am not the fiduciary or officer or employee of any corporate fiduciary of an estate in which Alleged Incapacitated Person has an interest or the surety or officer or employee of the corporate surety of such a fiduciary; and That I have no interest adverse to the Alleged Incapacitated Person; and I agree to accept the appointment as guardian of the estate and person of Alleged Incapacitated Person, Bertha E. Reese. David L. Reese