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HomeMy WebLinkAbout05-15-090 IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY ORPHANS' COURT DIVISION ~ ~7 IN RE: LOUISE CARL, `__-=~ An Alleged Incapacitated Person O.C. No. `= ' =° c~ r-- ~i -Uq-o~+5~ ~= ~~a ~. --- ~<_~ ~:~ -„ ~_~;; PETITION UNDER ~ 5513 OF ~_,~ THE PROBATE, ESTATES AND FIDUCIARIES CODE ~' FOR APPOINTMENT OF AN EMERGENCY LIMITED GUARDIAN OF THE ESTATE OF LOUISE CARL AND TO ADTUDGE HER AN INCAPACITATED PERSON C:.=~ C~ ~1 ~• u, W cn .-,` -'' ., -,~ ~- -- i~`: ~: _, _,~=, _- AND NOW, COMES, Petitioner, Guardian Elder Care Home and Community Services, LLC d/b/a Forest Park Health Center ("Forest Park"), by and through its attorneys, SCHUTJER BOGAR LLC, and hereby petitions for the appointment of an Emergency Limited Guardian of the Estate of Louise Carl and requests that the Court adjudge Louise Carl an incapacitated person and, in support thereof, represents as follows: 1. The name of the alleged incapacitated person is Louise Carl ("Ms. Carl"). 2. Ms. Carl is a 72-year-old individual who currently resides at Petitioner's skilled nursing facility located at 700 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 3. Petitioner is a domestic limited liability corporation, with its principle place of business located at 1217 Slate Hill Road, Camp Hill, Pennsylvania 17011. ORIG,NAL~ 4. Because Ms. Carl resides in Cumberland County, this Court has jurisdiction pursuant to §§ 711(10) and § 5512(a) of the Probate, Estates and Fiduciary Code. 5. To the extent of Petitioner's knowledge and upon information and belief, Ms. Carl has no living heirs who are sui juris. 6. Ms. Carl has been a resident of the Petitioner's facility since August 22, 2008, when her friend, Fred Habig, applied for her admission to Petitioner's skilled nursing facility. 7. Ms. Carl lacks the resources to ec>mpensate Petitioner for the skilled nursing services it has provided and continues to provide to her. 8. To the extent of Petitioner's knowledge and upon information and belief, Ms. Carl receives monthly Social Security benefits of approximately $839.00 and monthly black lung benefits of approximately $599.00. Petitioner is unaware of any additional monthly income of Ms. Carl. 9. An application for Medical Assistance benefits was filed with the Cumberland County Assistance Office ("CAO") on behalf of Ms. Carl. However, Ms. Carl's personal representative failed to provide the verifications needed by the CAO to determine her eligibility, and the application was therefore denied for failure to provide verifications, but the denial notification was never sent to Ms. Carl's personal representative. 2 10. Because Ms. Carl's personal representative did not receive the denial notification alerting him to the denial and Ms. Carl's right to appeal the denial, a timely appeal of the denial was not filed. The failure to notify Ms. Carl's personal representative of the denial was a violation of Ms. Carl's right to due process. 11. Petitioner filed an appeal after the applicable thirty (30) day deadline. 12. A hearing on the appeal was scheduled to be held before the Department of Public Welfare Bureau of Hearings and Appeals ("BHA") on February 25, 2009. Although, upon information and belief, Petitioner has provided the Department of Public Welfare ("DPW") with all of the verifications necessary to qualify Ms. Carl for Medical Assistance benefits, the appeal was dismissed because it was filed untimely. 13. The Final Administrative Action and Mailing Date of DPW's Adjudication was May 8, 2009. Ms. Carl has fifteen (15) days to file a Petition for Reconsideration with the Secretary of DPW, but, due to her alleged incapacitation, Ms. Carl cannot file the Reconsideration herself, thus necessitating the need for a limited Guardian of the Estate to file a Petition for Reconsideration on her behalf to secure Medical Assistance to pay for her ongoing care. Her former personal representative, while able to file an administrative action, does not have standing to file a Petition for Reconsideration or appeal to the Commonwealth Court. 14. Ms. Carl's treating physician is: Dr. Daryl Guistwite 522 South Pitt Street Carlisle, PA 17013 (717) 609-2052 3 15. To the extent of Petitioner's knowledge, Ms. Carl, the alleged incapacitated person, has been diagnosed with "failure to thrive-Adult Mental Retardation." Upon information and belief, that condition has caused Ms. Carl's incapacity and requires that she receive 24-hour-a-day care in a skilled nursing facility. Ms. Carl's treating physician, Dr. Guistwite, is available to provide telephonic testimony to this effect. 16. Because of the conditions set forth in Paragraph 15, Ms. Carl, is totally unable to manage or even appreciate the significance of her financial affairs and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in that area. 17. The emergency nature of this petition is based on the inability of Ms. Carl to act on her own behalf and file a Petition for Reconsideration by the May 23, 2009 deadline. 18. Ms. Carl is currently indebted to Petitioner for nursing care services rendered in excess of $52,640.94, a balance which increases monthly as Ms. Carl is a current resident. 19. To the extent of Petitioner's knowledge and upon information and belief, Ms. Carl does not have a capable agent, guardian, or next of kin to appropriately manage all of her financial affairs, including her application for Medical Assistance benefits and the related appeals. In order to protect Ms. Carl's interests, Petitioner respectfully requests the appointment of an Emergency Limited Guardian of the Estate of Ms. Carl who will competently represent her, for the purposes of qualifying her for 4 Medical Assistance benefits. 20. There are no less restrictive alternatives to the appointment of an Emergency Limited Guardian for Ms. Carl. 21. The proposed Limited Guardian of the Estate is Shaun O'Toole, Esquire, who does not have any interest adverse to Ms. Carl. His acceptance to serve as Emergency Limited Guardian of the Estate is attached hereto as Exhibit "A." The proposed Emergency Limited Guardian s contact information is: Shaun O'Toole, Esquire 401 North Second Street Harrisburg, PA 17110 (717) 695-0389 (717) 213-0272 fax 22. Shaun O'Toole, Esquire, has been suggested as Emergency Limited Guardian of the Estate of Louise Carl because of his experience in dealing with incapacitated persons such as Ms. Carl and his experience in representing clients who are applying for Medical Assistance benefits. 23. No Court within this Commonwealth, of which Petitioner has knowledge, has appointed a Guardian of the Estate of Ms. Carl. 24. To the extent of Petitioner's knowledge, and upon information and belief, Ms. Carl was not a member of the Armed Services of the United States and is not receiving any benefits from the United States Veterans' Administration. 5 WHEREFORE, Petitioner prays this Court appoint Shaun O'Toole, Esquire, as Emergency Limited Guardian the Estate of Ms. Carl and that the Court schedule a hearing on the alleged incapacitation of Louise Carl pursuant to 20 Pa. C.S.A. § 5511. Respectfully submitted, SCHUTJER BOGAR LLC Dated: s~~sl ~ By: Chadwick O. Bogar Attorney I.D. No. 83755 (717) 909-5920 Anthony Lucido Attorney I.D. No. 76583 (71'7) 909-0353 Brandon S. Williams Attorney I.D. No. 200713 (717) 909-5922 417 Walnut Street, 4~ Floor Harrisburg, PA 17101 Fax No. (717) 909-5925 Attorneys for Petitioner 6 VERIFICATION The undersigned is authorized to verify the statements of fact in the foregoing document as true and correct to the Uest of her knowledge, uzEorination and belief. She understands that any false statements therein are subject to the penalties contained in 18 Pa. C. S. ~ 490, relating to unsworn falsification to authorities. Dated: ,~~'- - ' ~~> ~- ;: ~: i ,. Dawn Jordan Billing and Collections Coordinator Guardian Elder Care ACCEPTANCE OF PROPOSED EMERGENCY LIMITED GUARDIAN OF THE ESTATE I, Shaun O'Toole, Esquire, the proposed Emergency Limited Guardian of the Estate in the foregoing Petition for Appointment of an Emergency Limited Guardian for the Estate of Louise Carl, the alleged incapacitated person, agree to accept the appointment as Emergency Limited Guardian of the Estate and aver that: 1. My address and telephone number are: 401 North Second Street Harrisburg, PA 17110 (717) 695-0389 2. I am an experienced attorney licensed to practice in the Commonwealth of Pennsylvania. 3. I am a citizen of the United States and speak, read and write the English language. 4. I have experience in acting as guardian of the estate for incapacitated persons such as Louise Carl. 5. I have experience with Medical Assistance and the processes associated therewith. 6. I am not a fiduciary of any Estate in which the alleged incapacitated person has an interest and as the proposed Emergency Limited Guardian of the Estate of Louise Carl, have no interests adverse to her. 1 ~~ Dated: 05 15 Jy Shaun O'Toole, Esquire