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HomeMy WebLinkAbout03-09-09IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. WEISER, :ORPHANS' COURT DIVISION An alleged incapacitated person . NO. PETITION FOR THE APPOINTMENT OF EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 P.S. §5513 AND FOR PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. §5511 AND NOW COMES THE PETITIONER, the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Donald E. Weiser, age 66, who currently P^-.~ ::J resides at 3256 Spring Road, Carlisle, Cumberland County, Pennsylvania. ~ ~ -, ~~~' _ There are no known relatives of the alleged incapacitated person. , , ~'' i - ~- c...~ ~ ~ ~ The Petitioner is not related to Donald E. Weiser. 5. The Petitioner's interest is that of a welfare agency concerned with his welfare and is familiar with his case. 6. Donald E. Weiser, has, for at least three (3) months, been incapable of managing and caring for himself and his financial affairs. 7. Donald E. Weiser exhibits symptoms of mental incapacity, including but not limited to confusion and multi-infarct dementia. 8. Donald E. Weiser's mental incapacity prevents him from managing and caring for the affairs of his person and estate. 9. In September, 2008, the Petitioner received a referral for services regarding Donald E. Weiser from his landlord stating that he was burning things in the microwave oven, falling asleep with a lit pipe, having trouble walking, was falling a lot and was not bathing. 10. Petitioner thereafter initiated in home services for him which included assistance with personal care, laundry and grocery shopping. 11. On or about February 17, 2009, the home health agency providing the above mentioned services reported that Donald E. Weiser was refusing all services except grocery shopping. 12. On February 28, 2009, at 5:18 a.m., the Middlesex Township Police were dispatched to the 3200 block of Spring Road in Carlisle because of a suspicious male standing in a driveway who turned out to be Donald E. Weiser. 13. The homeowner of the above premises where Mr. Weiser was standing indicated that the male was leaning on his vehicle dressed in boxer shorts and a coat and informed him that he was waiting for his date to get ready. 14. When the police interviewed him, Donald E. Weiser was unable to give his address but claimed to have started walking at about 11:00 P.M. on February 27, 2009. He was observed to have cut his feet and an ambulance was called and thereafter he was transported to Carlisle Regional Medical Center. 15. A review of the Emergency Room notes indicates that Donald E. Weiser had muti-abrasions and contusions on both knees and feet, contusion to the right eye, and was disheveled. 16. Nurses notes at the hospital reflect that he was confused as to time and place and, at one point, was wandering in the hall unable to find his room. 17. Donald E. Weiser was seen by a nurse practitioner who diagnosed him as having several mini-strokes, ambulation dysfunction, and dementia. On a mental status exam, he scored a 7 out of a possible 30. 18. Petitioner believes and, therefore, avers that Donald E. Weiser's monthly income consists of approximately $847.00 from social security. 19. Petitioner requests that it be appointed Plenary Guardian of the Person on both an emergency and permanent basis. 20. The proposed Guardian has no interest which is adverse to the interest of Donald E. Weiser. 21. Petitioner believes, and, therefore avers that Donald E. Weiser does not already have a Guardian. 22. Petitioner asserts that Donald E. Weiser is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 23. Because of his impaired mental and physical condition, Donald E. Weiser lacks the capacity to provide for his own personal care and maintenance. 24. Because of his impaired mental and physical condition, Donald E. Weiser is unable to manage his financial affairs, property and business and to make and communicate responsible decisions relating thereto. 25. A power of attorney would be a less restrictive alternative than Guardianship but Donald E. Weiser currently does not have an attorney-in-fact and he lacks the capacity, at present, to appoint one. 26. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 27. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Donald E. Weiser. 28. Donald E. Weiser is due to be discharged from Carlisle Regional Medical Center at any time and, upon discharge from the hospital, Petitioner believes and, therefore, avers that Donald E. Weiser would be at imminent risk of serious bodily harm because he has no place to go and no one to care for him. 29. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of Donald E. Weiser and later as Permanent Plenary Guardian of his Person and Estate will result in irreparable harm to the person and estate of Donald E. Weiser. 30. To eliminate the imminent risk of harm to Donald E. Weiser, Petitioner, if appointed as the proposed emergency and permanent plenary guardian of his person and estate will seek to immediately place him in a nursing home facility because that is the least restrictive alternative available for him. WHEREFORE, the Petitioner respectfully requests that: The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as emergency plenary guardian of the person and state of Donald E. Weiser pending a final hearing on this Petition with such emergency guardian having full power to place Donald E. Weiser into a nursing home facility and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 Pa.C.S.A. §5513 the Court find that the emergency necessitating the filing of this Petition will continue beyond seventy-two (72} hours from the date of any Emergency Order; 3. Pursuant to 20 Pa.C.S.A. §5513 the Court schedule a final hearing on or within 23 days from the date of any Emergency Order; and 5. The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Donald E. Weiser Respectfully Submitted, Anthony L. De ca, Esquire "~ 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Emergency Plenary Guardian of the Person and Estate in accordance with 20 P.S. §5513 and for Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of Donald E. Weiser are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: •,~'~:..~.~ ~ ~ _1 ~~3 ~:~ G;~c~ M_"["'~c~~..~'`r Janet Paull