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HomeMy WebLinkAbout04-28-09IN ~~ : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA WINTERED D. CHRONISTER, : ORPHANS' COURT DNISION An alleged incapacitated person NO. ~9 _ y O'~f' 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, Cazlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Winifred D. Chronister, age 82, who currently resides at 6303 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania and has resided there for a number of years. 3. The only (mown relatives of the alleged incapacitated person are: c N ~ -1- ~ a _ _•, `~. A. Kim Zimmerman -Daughter '-n ~ ~ ~ [. ~ C: ~ ^ =~' Inmate -Dauphin County Prison p „~ oNO "- - _ ~ . 501 Mall Road ~~ o ~ ~ <:? Harrisburg, Pennsylvania 17111 0~~' s„ s y _ ,r; ~~ ~ Kim Zimmerman - 70703 n r - ^ i B. Ryan Zimmerman -Grandson 113 W. Keller Street Mechanicsburg, PA C. Shawn Zimmerman -Grandson 15 Wayne Road Camp Hill, PA 17011 D. Kristen Zimmerman -Granddaughter 15 Wayne Road Camp Hill, PA 17011 4. The Petitioner is not related to Winifred D. Chmnister. 5. The Petitioner's interest is that of a welfare agency concerned with her welfare and is familiaz with her case. 6. Winifred D. Chmnister has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. 7. Winifred D. Chronister exhibits symptoms of mental incapacity, including but not limited to confusion and poor memory. 8. Winifred D, Chronister's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 9. On or about March 12, 2009, the Petitioner received a report of need of protective services for Winifred D. Chronister and, when visited by an authorized representative of the Petitioner, she was unable to focus on the conversation and appeazed to be very agitated with her daughter, Kim Zimmerman. 10. On or about March 27, 2009, Petitioner was contacted again with new concerns relating to Winifred D. Chronister, which concerns included her refusal to allow Comfort Caze of Holy Spirit Hospital to continue providing in-home services to her. 11. On or about April 13, 2009, Petitioner determined that Winifred D. Chronister was three (3) months behind on her monthly bills and that groceries had to be purchased because there was not much food in the house. 12. Kim Zimmerman, the daughter, when not in jail, resides with her mother and it is during this period of time where there is concern that the daughter takes advantage of her mother by misusing the mother's funds. 13. On or about Apri122, 2009, Petitioner was informed that Winifred D. Chronister was not eating and was not taking her medication. In addition her toilet had overflowed resulting in one inch of water on the bathroom floor. 14. On Apri124, 2009, Winifred D. Chronister was evaluated by Christopher Royer, Psy. D. who concluded that she had dementia, likely of the Alzheimer's type and exacerbated by possible Iack of nutrition and medication noncompliance, and that she requires twenty-four (24) hour supervision in a skilled nursing environment. 15. In the above mentioned evaluation, Christopher Royer, Psy.D. also concludes that Winifred D. Chronister is not capable of making decisions in her own best interest and that she requires a guazdian to make decisions regarding her physical well-being and to manage her finances. 16. Petitioner requests that it be appointed Emergency Plenary Guardian of the Person and Estate of Winifi~ed D. Chronister. 17. Petitioner requests that it be appointed Permanent Plenary Guardian of the Person and Estate of Winifred D. Chronister. 18. The proposed Guardian has no interest which is adverse to the interest of Winifred D. Chronister. 19. Petitioner believes, and, therefore avers that Winifred D. Chronister does not already have a Guardian. 20. Petitioner asserts that Winifred D. Chronister is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 21. Because of her impaired mental and physical condition, Winifred D. Chronister lacks the capacity to provide for her own personal care and maintenance. 22. Because of her impaired mental and physical condition, Winifred D. Chronister is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 23. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similaz order. 24. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Winifred D. Chronister. 25. To Petitioner's knowledge, a Power of Attorney does not exist. 26. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of Winifred D. Chmnister and later as Permanent plenary Guardian of her Person and Estate will result in irreparable harm to the person and estate of Winifred D. Chronister. 27. Medical Assistance regulations as set forth in Nursing Caze Handbook instructions allow for the payment of Guazdian fees as a deduction when determining contribution toward cost of caze. 28. The amount of the Guazdian's fee that is allowable as a deduction is the actual fee paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per month, whichever is less. 29. The Petitioner believes and, therefore, avers that Winifred D. Chronister's income consists of $694.00 from social security and $27.40 from a pension totaling $721.40 per month. 30. Petitioner believes and, therefore, avers that it is entitled to receive payment of a Guardianship fee as allowed by Medical Assistance regulations and that said fee be a deduction toward the cost of the caze of Winifred D. Chmnister. WHEREFORE, the Petitioner respectfully requests that: The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Emergency Plenary Guazdian of the Person and Estate of Winifred D. Chronister pending a final hearing on this Petition and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 Pa.C.S.A. §5513, the Court finds 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 schedules a final hearing on or within 23 days from the date of any Emergency Order; 4. The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guazdian of her Person and Estate; and 5. Grant payment of a Guardian fee to Petitioner subject to a maximum of 10% of Winifred D. Chronister's gross monthly income or $100.00 per month, whichever is less. Respectfully Submitted, Anthony L. uca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717)258-6844 ID No. 18067 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 Guazdian of the Person and Estate pursuant to 20 P.S. §5511 of Winifred D. Chronister are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein aze subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. n Dated: 017 ~~~~ ~. ~Yl~iq~,As az Sheriff / ~,/--~bt 1\`