HomeMy WebLinkAbout07-29-09IN RE: Miriam Evelyn Zuerner IN THE COURT OF COMMON PLEAS
An Alleged Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA
No. aOO°I - ~6 ~
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ORPHANS' COURT DIVISION;=,=,~
PETITION OF GREEN roinr_r v.. ~ .,.~ __ _ _ __ _ ~~=~~ ~
OF HER PERSON AND ESTATE v~RV~Hn v~ -
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AND NOW, comes the Petitioner, Presbyterian Senior Living, 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 Miriam Evelyn Zuerner to be an
incapacitated person and appointing a guardian over her person and estate and in
support thereof states as follows:
corpor tion prolpeerlyPegsstererd 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 Miriam Evelyn Zuerner.
4. As the residential care provider for Miriam Evelyn Zuerner, Petitioner has an
interest in her welfare given her status as an alleged incapacitated person.
5. Miriam Evelyn Zuerner is eighty-five (85) years old with a date of birth of May
24, 1924.
6. Residential services are currently being provided to the alleged incapacitated
person by Petitioner at Green Ridge Villiage.
7. Miriam Evelyn Zuerner has the following diagnoses: dementia, hypertension,
hyperlipidemia, rhinitis, coronary atherosclerosis. 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
Miriam Evelyn Zuerner, believes that Miriam Evelyn Zuerner is incapable of making any
decisions regarding her medical treatment at this time. (See Exhibit A).
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9. Miriam Evelyn Zuerner 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, Miriam Evelyn Zuerner 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 belief, Miriam Evelyn Zuerner never
married and has no children. Her sister, Lucille Gardner was Power of Attorney,
however, she died on July 31, 2008.
12. Upon Petitioner's information and belief, Miriam Evelyn Zuerner's only living
relative is a cousin in Middletown, Pennsylvania, namely, Eve Romaine Gardner, 34
Nissley Drive, Middletown, Pennsylvania.
13. Upon information and belief, Miriam Evelyn Zuerner was never a member of
the United States Armed Forces.
14. Upon information and .belief, no other guardians of the person or estate of
Miriam Evelyn Zuerner have been appointed, and no other court has assumed
jurisdiction in any proceedings to determine the capacity of Miriam Evelyn Zuerner, the
alleged incapacitated person.
15. Petitioner seeks the appointment of a guardian of the person and estate
because, in the opinion of the doctor, Miriam Evelyn Zuerner 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 Miriam Evelyn Zuerner'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 Miriam Evelyn Zuerner.
18. The proposed guardian over Miriam Evelyn Zuerner is Good News
Consulting, 140 Roosevelt Ave., Suite 206, York, Pa. 17401.
19. Good News Consulting has agreed to serve as Miriam Evelyn Zuerner's
guardian. (See a copy of 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 Miriam Evelyn Zuerner.
23. Insofar as Petitioner can ascertain, Miriam Evelyn Zuerner's assets and
income consists of her social security check. She has no property.
24. Miriam Evelyn Zuerner'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 Miriam Evelyn Zuerner, the alleged incapacitated person, with notice
to such persons at this court may direct, to show cause why she should not be
adjudged a totally incapacitated person, and why Good News Consulting should not be
appointed guardian over her person and estate.
Q especttully subm
Dater Z-I d~
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~a Haams, Esquire
I. No. 79465
7 est South Street
rlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PETITIONER
EXHIBIT A
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 Miriam Evelyn Zuerner. I attend to heron a
regular basis at Green Ridge Village, 210 Big Spring Road, Newville, Pennsylvania,
17241.
3. Miriam Evelyn Zuerner was born on May 24, 1924 and she is eighty-five years
old.
4. She suffers from dementia, hypertension, hyperlipidemia, rhinitis, and
coronary atherosclerosis.
5. Ms. Zuerner'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.
Zuerner 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. Zuerner is unable to resist fraud or undue influence
without the assistance of a guardian to make decisions regarding her health care.
8. !t is my opinion that the failure to appoint a guardian with authority to provide
consent for Ms. Zuerner to receive appropriate medical care and treatment 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: ~ la-~ ~(~ Dr. Darryl ~ tw~ e
CONSENT OF PROPOSED GUARDIAN
Good News Consulting Inc. hereby consents to act as Plenary Permanent
Guardian of the Person and Estate of Miriam Evelyn Zuerner, 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 RooseveR 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 Inc. 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
othervvise) 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.
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Date. ~ I ~ u ~ ~~ Tma Hess, BS, CMC, NCG
Good News Consulting Inc.
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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. 1 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. Miriam Evelyn Zuerner is currently a resident of Green Ridge Village.
4. Upon information available to me, Miriam Evelyn Zuerner 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. Her
sister, Lucille Gardner was Power of Attorney, however, she died on July 31, 2008.
5. The undersigned knows of no one who would oppose the appointment of
Good News Consulting as Guardian of the Person and estate of Ms. Zuerner.
Under penalty of perjury, I declare that the above statements are true to the best
of my knowledge and belief.
Date: ~'~~ 1(~
Walter Kinger , Ex ve Director
Green Ridge Village
210 Big Spring Road
Newville, Pa. 17241