HomeMy WebLinkAbout05-07-09IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET FINNEY, :ORPHANS' COURT DIVISION
An alleged incapacitated person
N0.21-09- dy35
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 Margaret Finney, age 93, who currently
resides at 1076 Lancaster Blvd., Apt. 1, Mechanicsburg, Cumberland County,
Pennsylvania and has resided there since October, 2008.
3.
The known relative of the alleged incapacitated person is:
a. Cathy A. Finney -daughter `:- c~ ~ - -,
1076 Lancaster Blvd.
Apt. 1 ;? =~
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4.
The Petitioner is not related to Margaret Finney.
5.
The Petitioner's interest is that of a welfare agency concerned with her welfare
and is familiar with her case.
6.
Margaret Finney has, for at least five (5) months, been incapable of caring for
herself and managing her financial affairs.
7.
Margaret Finney exhibits symptoms of mental incapacity, including but not
limited to severe dementia.
8.
Margaret Finney's mental incapacity prevents her from managing and caring for
the affairs of her person and estate.
9.
On or about December 5, 2008, the Petitioner received a report of need of
Protective Services for Margaret Finney regarding allegations of neglect, which
allegations were unsubstantiated at that time.
10.
On or about February 3, 2009, the Petitioner received a report of need of
Protective Services for Margaret Finney regarding allegations of financial exploitation.
11.
On or about May 5, 2009, the Petitioner was contacted and informed of new
concerns relating to Margaret Finney who was admitted to Harrisburg Hospital with the
diagnosis of sepsis, huge sacral decubiti, severe dehydration, elevated blood sugar, severe
dementia, possible neglect, leukocytosis, electrolyte imbalance with hypernatremia,
hypercalcemia, and severe malnutrition
12.
On or about May 5, 2009, an authorized representative of the Petitioner visited
with Margaret Finney at Harrisburg Hospital and, during the course of the visit, reviewed
her chart.
13.
Margaret Finney has a paid caregiver by the name of Theresa King-Tyrrell, the
owner of Personal Care, a personal care agency, who provides care to her on a daily
basis, Monday through Saturday and has provided such services since approximately
October, 2008.
14.
Margaret Finney is a care dependent older adult who requires total care regarding
her activities of daily living.
15.
The hospitalization of Margaret Finney can no longer be justified and she must be
released from Harrisburg Hospital to a safe environment.
16.
Allowing Margaret Finney to return home will place her in a position of
irreparable harm to her person.
17.
Margaret Finney has executed a Power of Attorney appointing Kathleen Grimes
as her attorney-in-fact but she refuses to exercise her responsibility in this matter.
18.
Margaret Finney's daughter, Cathy A. Finney, is unable to care for her mother
because she is afflicted with Multiple Sclerosis and is confined to a wheel chair.
19.
Petitioner believes and, therefore, avers that Margaret Finney's income is
$889.71, all of which is from social security.
20.
Petitioner requests that it be appointed Plenary Guardian of the Person and Estate
on both an emergency and permanent basis.
21.
The proposed Guardian has no interest which is adverse to the interest of
Margaret Finney.
22.
Petitioner believes, and, therefore avers that Margaret Finney does not already
have a Guardian.
23.
Petitioner asserts that Margaret Finney is incapacitated as defined in Chapter 55
of the Probate Estates and Fiduciaries Code.
24.
Because of her impaired mental and physical condition, Margaret Finney lacks the
capacity to provide for her own personal care and maintenance.
25.
Because of her impaired mental and physical condition, Margaret Finney is
unable to manage her financial affairs, property and business and to make and
communicate responsible decisions relating thereto.
26.
A power of attorney would be a less restrictive alternative than Guardianship but
Kathleen Grimes does not wish to act in that capacity.
27.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
28.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Margaret Finney.
29.
The failure to appoint Petitioner as Emergency Plenary Guardian of the Person
and Estate of Margaret Finney and later as Permanent Plenary Guardian of her Person
and Estate will result in irreparable harm to the person and estate of Margaret Finney.
30.
To eliminate the imminent risk of harm to Margaret Finney, Petitioner, if
appointed as the proposed emergency and permanent plenary guardian of her person and
estate will seek to immediately place her in a nursing home facility because that is the
least restrictive alternative available for her.
WHEREFORE, the Petitioner respectfully requests that:
The Court appoint the Cumberland County Aging & Community Services,
in and for Cumberland County, Pennsylvania as Emergency Plenary Guardian of the
Person and Estate of Margaret Finney pending a final hearing on this Petition with such
emergency guardian having full power to place Margaret Finney 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 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 the Cumberland County Aging and Community
Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of
the Person and Estate of Margaret Finney; and
Revoke the Power of Attorney given to Kathleen Grimes.
Respectfully Submitted,
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Anthony L. D 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 Margaret Finney 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.
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Dated: ~ ~ ~' -'
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