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Home My WebLink About05-28-09r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-09-0380 ESTATE OF CAROL A. DELANEY AN ALLEGED INCAPACITATED PERSON PETITION UNDER §5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE CAROL A. DELANEY TO BE TOTALLY INCAPACITATED AND APPOINT A GUARDIAN FOR CAROL A. DELANEY'S PERSON WRITTEN INTERROGATORIES OF HERBERT MYERS M.D. Q. State your name and your office address. A. Herbert Myers, M.D. 283 S. Butler Road P.O. Boz 550 Mt. Gretna, PA 17064 Q. State the schools you have attended, the academic and professional degrees you have received, and the dates of your receipt of such degrees. A. See attached ~ P :. t~ <~ ":'. a ~ ~[ .- > -• Q ~ f~ ~ ~' -C _ t:~ ~ ~ m N . Q. How long have you practiced your profession? pc ~ =- _--, , See attached w ,~ r ' CURRICULUM VITAE May 14, 2009 Herbert E. Myers, M.D. Premedical Education: Eastern Mennonite College 1200 Park Road Harrisonburg, VA 22802-2462 August 1962 -June 1966. B. S. in Natural Science, June S, 1966 Medical Education: Temple University School of Medicine 3420 N. Broad St. Philadelphia, PA 19140 September 1966 -May 1970. M.D. -May 22, 1970 Internship: St. Joseph's Hospital 301 Prospect Ave. Syracuse, NY 13203 July 1970 -June 1971 (Family Practice) Residencies: Wilson Memorial Hospital S3 North Harrison Street Johnson City, NY 13790 July 1973 -July 1975 (Family Practice) Milton S. Hershey Medical Center P.O. BOX 8S0 Hershey, PA 17033 October 1989 -September 1992 (Psychiatry) Certification: American Boazd of Family Practice Certified 1975; Recertified 1981, 1987, 1994, 2001, no longer certified American Board of Psychiatry and Neurology Certified 1993, certification continues Practiced family medicine for 16 years Practiced psychiatry for 16 years ~. Q. State the names of the Pennsylvania licensing agencies which have issued licenses to you so as to enable you to practice your profession, and state the dates of the issuance of the licenses. A. Commonweiilth of Pennsylvania Department of State Bureau of Professional and Occupational Affairs Issued July 1, 1971 (Currently Active) MD012641E Q. Have you, or has any medical professional examined, interviewed or tested Carol A. Delaney? A. Yes. Q. State the dates on which you last examined, interviewed or tested Carol A. Delaney, and the dates on which she received any psychiatric and/or psychological examinations. A. Initial psychiatric evaluation: September 20, 2007 Follow-up psychiatric consultations: 10/18/07, 12/13/07, 3/6/08, 8/21/08, 11/13/08, 1/8/09, 2/05/09, 3/5/09, 4/2/09, 4/30/09 Q. State the nature of such examination, interviews or tests referred in the preceding questions. A. Initial psychiatric evaluation with mini-mental state examination and follow-up psychiatric consultations/evaluations Q. Have you regularly treated Carol A. Delaney? If so, how long have you treated her? A' She has refused any medication/treatment so we have monitored her mental status and behaviors as she has allowed on the above dates. Q. What is Carol A. Delaney's age and date of birth? A. Ms. Delaney's date of birth is May 17, 1939 and she is 69 years old. Q. In your opinion, is her ability to receive and evaluate information effectively and communicate decisions impaired to such a significant extent that she is partially or totally unable to manage her financial resources or to meet the essential requirements for her physical health and safety? If so, is the impairment partial or total? A. She has been very difficult to assess with limited cooperation. She often has asked me to leave before I have completed my assessment. She has a very limited ability to receive and evaluate information or make decisions. She isolates to her room in the nursing home and at times barricades herself in the room. She refuses treatments. She has been aggressive and assaultive toward caregivers. Her insight and judgment are very impaired. She seems unable to manage her basic needs for physical health and safety. She would likely have difficulty managing her finances in her own best interests. Her impairment currently seems close to total. Q. State the nature and extent of Carol A. Delaney's incapacities and disabilities and her mental, emotional and physical condition; adaptive behavior; and social skills. A. She has a long history of psychiatric disorder and treatment. She has had psychiatric hospitalizations and lived in personal care homes. Her diagnoses have varied from schizophrenia to bipolar disorder. A psychotic disorder seems most appropriate as she presents as paranoid. She claims she is lied about when staff report incidents. She seems fairly intact cognitively when she will cooperate with assessment. She has very poor social and adaptive skills. She keeps her room very disorganized. She barely maintains personal care and activities of daily living. She has maintained her weight on the diet provided to her. Q. What services are being utilized to meet the essential requirements for Carol A. Delaney's physical, health and safety, to manage her fmancial resources, or to develop or regain her abilities? A. She has been in nursing care since May 19, 200?. She clearly needs a structured, supervised setting. It would be more ideal if she could be in an institution where her ...mental health needs could be more appropriately managed. She has refused to speak to a counselor in the nursing home. She has resisted active treatment of her mental and physical conditions. Q. What types of assistance does she require, and why would no less restrictive alternatives be appropriate? A. She needs supervision of her activities of daily living. She is physically capable of doing them if she will. It seems that she may not really need the services of a nursing Gaze facility but one that could provide mental health services. Active treatment may enable her to do more self care but she has been unwilling to pursue this and the county crisis intervention has not been willing to commit her involuntarily. Q. What is the probability that the extent of Carol A. Delaney's incapacities may significantly lessen or change? A. Her incapacities will persist as long as she refuses treatment of her mental disorder. Q. State the reasons for your answer to the immediately preceding question. A. She has been in a nursing home for two years and has made no progress primarily because of isolating in her room and refusing/resisting treatments. Q. Would her physical or mental condition be harmed by her presence at the hearing on the issue of her alleged incapacity? A• I do not believe her physical or mental condition would be harmed by her presence at the hearing .~ - ~ Q. State the reasons for your answer to the immediately preceding question. A. She is cognitively intact. She needs hear the consequences of her resistance to demonstrate her ability to care for herself which she insists she can do. Her ability to fu11y understand may be limited by her mental illness but I do not believe it will harm her. Herbert Myers, M.D. J-- AFFIDAVIT COMMONWEALTH OF PA : COUNTY OF CUMBERLAND SS 4( ~N 4 M'~e C: Herbert Myers, M.D., being duly sworn according to law, deposes and says that the Answers set forth in the foregoing Interrogatories are true and correct to the best of his knowledge, information or belief. SWORN TO AND SUBSCRIBED before me this ~.\S~ day of , 2009 Notary Public ~~ Herbert Myers, M.D. CONMONWEAI.TH OF PENNSriVANW Noadd Sal Nancy J. Sb01N, NoUry Public YWat Cornwall Twp., ~Warwn Co,K,q, Qoarnt~abn oac. 9, 2ot2 ~Yhrania Maodaron w NolMlas :694298. l