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HomeMy WebLinkAbout07-28-09IN RE: Fannie E. Gill An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA'~A /~Y~ n .p ;Tc~ - , L ~, ~ ORPHANS' COURT DIVISION ' a' ~` ~`~~ --, -~~ .- ~~ t+~ PETITION OF GREEN RIDGE VILLAGE TO ADJUDICATE AN INCAPA6t'1`ATEq~ PERSON AND TO APPOINT A PLENARY GUARDIAN ~ ~ OF HER PERSON AND ESTATE AND NOW, comes the Petitioner, Green Ridge Village, by and through its counsel, Jane Adams, Esquire, and respectfully petitions this Honorable Court pursuant to 20 Pa. C.S.A. §5511 for an Order adjudicating Fannie E. Gill to be an incapacitated person and appointing a guardian over her person and estate and in support thereof states as follows: 1. Petitioner Green Ridge Village (hereinafter "Petitioner"), is a corporation properly registered and qualified to do business in Pennsylvania. 2. Petitioner operates a facility known as Green Ridge Village, at 210 Big Spring Road, Newville, Pennsylvania, 17241. 3. The Alleged Incapacitated Person is Fannie E. Gill. 4. As the residential care provider for Fannie E. Gill, Petitioner has an interest in her welfare given her status as an alleged incapacitated person. 5. Fannie E. Gill is ninety-seven (97) years old with a date of birth of July 21, 1911. 6. Residential services are currently being provided to the alleged incapacitated person by Petitioner at Green Ridge Villiage. 7. Fannie E. Gill has the following diagnoses: dementia, nonorganic psychosis, anxiety hypothyroidism, anemia, depression, HTN, Anginia, CAD, CHF, Arthritis.. These conditions impair her ability to make any decisions regarding her physical condition, health, well-being, and any other matters. (See a copy of Certification of Dr. Guistwite, attached hereto at Exhbit A, with the original being provided to the Court at the hearing). 8. Dr. Guistwite, a physician who has been involved in regular treatment of Fannie E. Gill, believes that Fannie E. Gill is incapable of making any decisions regarding her medical treatment at this time. (See Exhibit A). -~ ~-`.~ '~C J _~, , .~ -: -, ,. , _._, _, 9. Fannie E. Gill is unable to manage or take care of matters pertaining to her own health and well-being without the existence of another individual who will act as guardian of her person. She is unable to resist fraud or undue influence without the assistance of a guardian. 10. Upon information available to the Petitioner, Fannie E. Gill has no valid living will, advance directive for health care, power of attorney, or other document regarding her wishes pertaining to her personal affairs and/or medical care in the event of her incapacity while a residence at Green Ridge Village. 11. Upon Petitioner's information and believe, Fannie E. Gill is widowed. She is estranged from her three children. 12. Upon Petitioner's information and believe, Fannie E. Gill's only living relatives are her daughters Darlene Flory of Chambersburg, Pennsylvania and Marge Gilliland of Colonial Beach, Virginia, and her grandson, Terry Gilliland of Colonial Beach, Virginia. 13. Upon information and belief, Fannie E. Gill was never a member of the United States Armed Forces. 14. Upon information and believe, no other guardians of the person or estate of Fannie E. Gill have been appointed, and not other court has assumed jurisdiction in any proceedings to determine the capacity of Fannie E. Gill, the alleged incapacitated person. 15. Petitioner seeks the appointment of a guardian of the person and estate because, in the opinion of the doctor, Fannie E. Gill is mentally incapacitated and unable to make decisions regarding her personal affairs. Her condition is such that she would be unable to resist fraud or undue influence without the assistance of another non-interested individual to act as her guardian. 16. Presently, the alleged incapacitated person is a resident of Green Ridge Village, Newville, Pennsylvania, in the skilled nursing unit. The essential requirements for her health and safety are provided at the facility. A guardian over her person and estate is required to provide consent for medical and surgical treatments, if necessary, and to ensure that Fannie E. Gill's continued personal needs and financial obligations are met. 17. Petitioner believes that there are no less restrictive appropriate alternatives to seeking a guardianship, over the person and estate of Fannie E. Gill. 18. The proposed guardian over Fannie E. Gill is Good News Consulting, 140 Roosevelt Ave., Suite 206, York, Pa. 17401. 19. Good News Consulting has agreed to serve as Fannie E. Gill's guardian. (See a consent of Proposed Guardian attached hereto, as Exhibit B). 20. Upon information and belief, the proposed guardian has no interest adverse to the alleged incapacitated person. 21. The proposed guardian is a qualified guardian pursuant to 20 Pa. C.S.A. §5511(f). 22. Petitioner respectfully requests that the proposed guardian be given powers over the person and estate of Fannie E. Gill. 23. Insofar as Petitioner can ascertain, Fannie E. Gill's assets and income consist of the following: her social security income. 24. Fannie E. Gill's mental and physical condition mandates that a guardian be appointed to make decisions concerning her person and estate, including, but not limited to, her living arrangements, her medical and psychiatric care, the administration of medications, surgical interventions, the employment and discharge of physicians, dentists, nurses, etc., for her physical care and to make decisions regarding her personal finances. WHEREFORE, Petitioner respectfully request that this Honorable court issue a citation directed to Fannie E. Gill, the alleged incapacitated person, with notice to such persons at this court may direct, to show cause why :che should not be adjudged a totally incapacitated person, and why Good News Consulting should not be appointed guardian over her person and estate. oa~e ~~ag~~1 Ily J Adams, Esquire No. 79465 1 West South Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER VERIFICATION OF DR. DARRYL GUISTWITE I, Dr. Darryl Guistwite, do hereby state that the following is true and correct based upon my personal knowledge, information, and belief: 1. I am a physician licensed in good standing to practice medicine in the Commonwealth of Pennsylvania. 2. I am the attending physician for Fannie E. Gill. I attend to her on a regular basis at Green Ridge Village, 210 Big Spring Road, Newvilte, Pennsylvania, 17241. 3. Fannie E. Gill was born on July 21, 1911 and she is ninety-seven years old. 4. She suffers from dementia, nonorganic psychosis, anxiety hypothyroidism, anemia, depression, HTN, Angina, CAD, CHF, and Arthritis. 5. Ms. Gill's condition is not curable or reversible. Her diagnosis for improvement is poor. 6. I have determined within a reasonable degree of medical certainty that Ms. Gill is unable to receive and evaluate information effectively and communicate decisions, and that her abilities are impaired to such a degree as to render her totally unable to meet the requirements for her physical health and safety without the assistance of another individual or organization who will act as a guardian over her person and estate. 7. It is my opinion that Ms. Gill is unable to resist fraud or undue influence without the assistance of a guardian to make decisions regarding her health care. 8. It is my opinion that the failure to appoint a guardian with authority to provide consent for Ms. Gi!! to receive appropriatQ medical care and trcatrnert will result in irreparable harm to her Person. I declare that the above statements are true subject to penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Date: ~ ~~ ~ 1 Dr. Da ~~~i~ ~ ~ CONSENT OF PROPOSED GUARDIAN Good News Consulting Inc. hereby consents to act as Plenary Permanent Guardian of the Person and Estate of Fannie E. Gill, an alleged incapacitated person. Good News Consulting Inc. is afor-profit corporation organized under the laws of the Commonwealth of Pennsylvania and is doing business at 140 Roosevelt Ave., Suite 206, York, Pa. 17401. Good News Consulting Inc. provides guardianship services allowing for the highest quality of care available in the least restrictive setting available. Good News Consulting lnc. will provide a full range of human services, including taking responsibility for medical and personal care decisions, handling financial affairs, providing one-on-one contact and monitoring, and other services, as necessary. Good News Consulting Inc. and its agents have no interests (financial or otherwise) adverse to those of the alleged incapacitated person, and no agents of Good News Consulting reside in the same household or facility with the alleged incapacitated person. Date: ~ (~ 0~ Tina Hess, BS, CMC, NCG Good News Consulting inc. CERTIFICATION OF WALTER KINGERA, EXECUTIVE DIRECTOR A GREEN RIDGE VILLAGE I, Walter Kingera, do hereby state under penalty of perjury that the following is true and correct based upon my personal knowledge: 1. I am the executive director at Green Ridge Village, 210 Big Spring Ave., Newville, Pennsylvania, 17241, which provides skilled nursing and rehabilitation services for elderly patients. 2. Green Ridge Village is operated by Presbyterian Senior Living, by which I am employed. 3. Fannie Gill is currently a resident of Green Ridge Village. 4. Upon information available to me, Fannie Gill has no valid executed living will, advance directive for health care, or other document regarding her wishes pertaining to her personal affairs and/or medical care in the event of her incapacity while a resident at Green Ridge Village in Newville, Pennsylvania. 5. The undersigned knows of no one who would oppose the appointment of Good News Consulting as Guardian of the Person and estate of Fannie Gill. Under penalty of perjury, I declare that the above statements are true to the best of my knowledge and belief. oa~e ~~a~~o9 /~ _ . ~, ) Walter Kingera, E~Cecuti~ Director Green Ridge Village 210 Big Spring Road Newville, Pa. 17241