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HomeMy WebLinkAbout07-10-09IN RE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wilbur R. Hubley, :ORPHANS' COURT DNISION An alleged incapacitated person : ~ ~~ . b~~~ NO. `- PETITION FOR THE APPOINTMENT OF 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 solicirol',.~ ~ _ Anthony L. DeLuca, Esquire, who represents and avers as follows: ~;? ~ - ; ,, -,, .. _ _ _ :.:} c~ _ 1. ~, .. _.~ =: _ -'~°i The Petitioner is the Cumberland County Aging & Community Services,-.i~~-aild _- for Cumberland County, Pennsylvania, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Wilbur R. Hubley, age 88, who currently resides at Country Meadows Retirement Community located at 4905 E. Trindle Road, Building 1, Room 24, Mechanicsburg, Cumberland County, Pennsylvania and has resided there for a period exceeding six (6) months prior to the filing of this Petition. 3. The known relatives of the alleged incapacitated person are: a. Marc Hubley -son Inmate -State Correctional Institution of Camp Hill CB5657 P.O. Box 200 Camp Hill, PA 17001-0200 4. The Petitioner is not related to Wilbur R. Hubley. 5. The Petitioner's interest is that of a welfare agency concerned with his welfare and is familiar with his case. 6. Wilbur R. Hubley has, for at least three (3) months, been incapable of managing and caring for himself and his financial affairs. 7. Wilbur R. Hubley exhibits symptoms of mental incapacity, including but not limited to dementia due to a medical condition. 8. Wilbur R. Hubley's mental incapacity prevents him from managing and caring for the affairs of his person and estate. 9. On or about August 4, 2008, the Petitioner received a report for need of Protective Services for Wilbur R. Hubley, which report was investigated and determined to be substantiated with respect to the issue ofself-neglect resulting in Mr. Hubley ultimately being placed at Country Meadows Retirement Community. 10. On or about June 5, 2009, the Petitioner was contacted and informed of new concerns about Wilbur R. Hubley relating to a request by Wilbur R. Hubley and his son to Keystone Guardianship Services wherein they sought the revocation of the Power of Attorney given to Keystone Guardianship Services dated January 22, 2009. 11. In the request made by Marc Hubley, the son, he demanded that changes be made to the Last Will and Testament of his father, Wilbur R. Hubley, to the terms of the auction of his father's home and also medical care, which changes were perceived by Keystone Guardianship Services to not be in the best interest of Wilbur R. Hubley. 12. Keystone Guardianship Services has indicated that it no longer wishes to be the Power of Attorney for Wilbur R. Hubley and requests that the Power of Attorney be revoked. 13. Petitioner requests that it be appointed Permanent Plenary Guardian of the Person and Estate of Wilbur R. Hubley. 14. The proposed Guardian has no interest which is adverse to the interest of Wilbur R. Hubley. 15. Petitioner believes, and, therefore avers that Wilbur R. Hubley does not already have a Guardian. 16. The Petitioner believes, and therefore, avers that Wilbur Hubley's income is $1,033.00 from Social Security; $123.00 VA Benefits; and $1,370.66 State Employee Retirement System -Totaling $2,526.66 per month. 17. Petitioner asserts that Wilbur Hubley is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 18. Because of his impaired mental and physical condition, Wilbur R. Hubley lacks the capacity to provide for his own personal care and maintenance. 19. Because of his impaired mental and physical condition, Wilbur R. Hubley is unable to manage his financial affairs, property and business and to make and communicate responsible decisions relating thereto. 20. The existing Power of Attorney would be a less restrictive alternative than Guardianship but Keystone Guardianship Services has been intimidated and harassed by the son, Marc Hubley, to the extent that they are no longer comfortable fulfilling this role. 21. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 22. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Wilbur R. Hubley. 23. Petitioner avers that Wilbur R. Hubley has sufficient assets which would enable him to pay for services rendered by the Permanent Plenary Guardian of his Person and Estate. 24. If appointed as Permanent Plenary Guardian of the Person and Estate of Wilbur R. Hubley, Petitioner would seek payment for its services pursuant to the Guardianship Fee Schedule which is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 25. At such time that Wilbur R. Hubley no longer has sufficient assets to pay for Guardianship services, then, and in such event, Petitioner would seek payment under the Medical Assistance Regulations. 26. Medical Assistance Regulations as set forth in Nursing Care Handbook instructions allow for the payment of Guardian fees as a deduction when determining contribution toward cost of care. 27. The amount of the Guardian'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. WHEREFORE, the Petitioner respectfully requests that: The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Wilbur R. Hubley; 2. The existing Power of Attorney be revoked; 3. It be authorized to obtain payment for its services pursuant to the attached Guardianship Fee Schedule; and 4. It be authorized to obtain payment of a Guardian fee to Petitioner subject to a maximum of 10% of Wilbur R. Hubley's gross monthly income or $100.00 per month, whichever is less, at such time, that Wilbur R. Hubley no longer has sufficient assets to pay for Guardianship services and would qualify for Medical Assistance. Respectfully Submitted, .~ ~ ~^ t Anthony L. uca, 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 Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of Wilbur R. Hubley 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. c Dated: ~~~..C 1 C ~ C`- ~ jl.,?~,~1' ~ / L'~~ ,;,~ , n Sheriff AGING & COMMUNITY SERVICES 16 WEST HIGH STREET, SUITE 100 CAR].ISLE, P~ 17013 (717) 240-6110 OR 1-888-697-0371 L:X'I' 6110 1~Ax: (717) 240-6118 The below listed Fee Schedules are applicable to individuals who have assets and/or income that excludes them from the Pennsylvania Department of Aging Medicaid Waiver Program. GUARDIANSHIP FEE SCHEDULE One Time Initial Start up Guardianship Fee - $350.00 Cumberland County Aging and Community Services shall charge a one time, initial start up, Guardianship Fee of $350.00 when it is appointed guardian of the person of an alleged incapacitated person or guardian of the person and estate of an alleged incapacitated person. Thereafter, Cumberland County Aging and Community Services shall charge a monthly Guardianship Fee as Guardian of the Person or as Guardian of the Person and Estate at the rate of $150 per month. Monthly Guardianship Fee for Guardian of Person & Estate Rate - $150.00 • The $150 per month includes managing of finances; attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts, annual reports, shopping for clothes and personal items, EXHIBIT "A" EMAIL US A'I' aging@ccpa.net OR VISIT OUR WF.BSITE AT www.ccpa.net/aging routine medical and dental appointments, application for benefits such as but not limited to veterans benefits, funeral arrangements. Monthly Guardianship Fee for Guardian of Person - $100.00 • This includes attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts; annual reports; shopping for clothes and personal items; routine medical and dental appointments. In the event that Cumberland County Aging and Community Services, as a Guardian, is required to provide any services outside the scope of routine Guardianship care, including but not limited to travel to/from non-routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property or any special circumstances not listed above, then, and in such event, Cumberland County Aging and Community Services shall be entitled to charge $50 per hour for said services. In Excess rate - $50/hour • This includes anything beyond the scope of routine guardianship care; such as but not limited to travel to/from non-routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property or any special circumstances not listed above. POWER OF ATTORNEY FEE SCHEDULE One Time Initial Start up POA Appointment Fee - $150.00 Cumberland County Aging and Community Services shall charge a one time, initial start up, Power of Attorney Fee of $150.00 when it is appointed Power of Attorney of the person of an alleged incapacitated person or Power of Attorney of the person and estate of an alleged incapacitated person. Thereafter, Cumberland County Aging and Community Services shall charge a monthly Power of Attorney Fee as Power of Attorney of the Person or as Power of Attorney of the Person and Estate at the rate of $75 per month. Monthly POA Fee - $75.00 • This includes managing of finances; attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts, shopping for clothes and personal items, routine medical and dental appointments, application for benefits such as but not limited to veterans benefits, funeral arrangements. In the event that Cumberland County Aging and Community Services, as a Power of Attorney, is required to provide any services outside the scope of routine Power of Attorney care, including but not limited to travel to/from non- routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property or any special circumstances not listed above, then, and in such event, Cumberland County Aging and Community Services shall be entitled to charge $50 per hour for said services. In Excess rate - $50/hour • This includes anything beyond the scope of routine Power of Attorney care; such as but not limited to travel to/from non-routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property, or any special circumstances not listed above.