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HomeMy WebLinkAbout09-01-09c _, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. Z.I - (~ -~g Z ~ ORPHANS' COURT ESTATE OF JESSIE TABOR PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON OF JESSIE TABOR IN ACCORDANCE WITH 20 PA. CONS. STAT. §5513 cn _A. ; . -, t } ~ y~ ~ rTi ~ rTl ~ ~._ ~ ~ ~-• f r ...~ ~ .. . .... i r TO THE HONORABLE, THE JUDGES OF SAID COURT: 4~~~-j ~, c ~~ ~:--~~ The Petition of Holy Spirit Hospital respectfully represents that: ~ w ` ~~~' ` ~~- ~~ .t- 1. Your Petitioner, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, is a is an acute care hospital located at 503 North 21st Street, Camp Hill, Cumberland County, Pennsylvania, where Jessie Tabor, the alleged incapacitated person, is currently a patient in the Extended Acute Care unit of the Behavioral Health Center. 2. Jessie Tabor (59 years old, DOB 03/21/1950) was admitted to Holy Spirit Hospital's Behavioral Health Center on August 3, 2009 and is currently on an involuntary commitment under §304 for ninety (90) days. The hearing regarding that §304 commitment took place on August 28, 2009. 3. Mrs. Tabor is currently diagnosed with Bipolar 1 disorder, manic phase with psychotic features. She has a history of 13 inpatient hospitalizations prior to 1988 for this condition and was also admitted to the State Hospital in 1996. It is believed that the majority of those admissions were voluntary. 4. Jessie Tabor resides at 1602 Kathryn Street, New Cumberland, Cumberland County, PA 17070 with her husband Benjamin Tabor. 5. For the past month while at the Behavioral Health Center, Jessie Tabor's symptoms have not been able to be stabilized with medication and she has been in restraints more than she has been out of them. Several medications have been attempted, all through IV since the patient will not take oral medications, and none have stabilized her symptoms. Her condition has declined and she is physically f unwell, becoming frail. Diagnostic testing to understand the reasons for Ms. Tabor's decline have been refused by the patient. 6. Mrs. Tabor's condition has not improved since she was admitted in early August 2009 and she has co-occurring medical concerns with her liver and kidneys that make continued medication trials to stabilize her psychotic symptoms risky and potentially harmful to the patient. 7. Mrs. Tabor also has a history of ovarian cancer and has refused to submit to a CT Scan. She has acted out violently when such a scan was scheduled to be performed. 8. Her current treatment team, including Dr. Francis Daly, have recommended that electro- convulsive therapy "ECT" be administered in the hopes that it will stabilized Mrs. Tabor's condition without further damaging her kidneys. 9. Mrs. Tabor has refused all medical interventions to stabilize her mental health condition, including ECT. 10. Mrs. Tabor is currently in need of an emergency guardian of her person for the sole purpose of consenting to the administration of ECT. 11. Holy Spirit Hospital does not currently administer ECT and has approached both York Hospital and Chambersburg Hospital. Both of these facilities do administer this treatment. 12. A Court Order authorizing the treatment is necessary at both facilities since the patient, Ms. Tabor, is refusing all treatment. 13. Jessie Tabor's husband, Benjamin Tabor, is willing to be appointed her emergency guardian for the purposes of consenting to ECT. 14. It is expected that the first course of ECT treatment will be completed within the next 30 days. Hopefully, follow up treatment is not required, but the medical treatment team will reassess at that time. 15. Jessie Tabor is an incapacitated person and the appointment of an emergency guardian would allow her to receive necessary and appropriate medical treatment to protect her life and safety (ECT). S 16. Jessie Tabor is currently under the care and treatment of Dr. Francis Daly, and other doctors at Holy Spirit Hospital one of which will be available to testify at an emergency guardian hearing as to Mrs. Tabor's incapacity. 17. This situation is emergent because the health of Mrs. Tabor has declined while admitted at the Behavioral Health Center and she is currently unable to take medications which could stabilize her mental health conditions. She has been on lithium and depacode for many years. However, these medications have failed to alleviate her symptoms while admitted. Recently, Mrs. Tabor was taken off of lithium since her kidney's have began to decline. She recently had a renal stent inserted in the hopes of improving kidney function. It is believed that immediate ECT may work to stabilize her symptoms without further harming the kidneys. It is also hoped that ECT will stabilize Mrs. Tabor enough so that she will be able to submit to a CT Scan so the medical staff can assess her current medical condition, including assessing whether her ovarian cancer has reoccurred. 18. Mrs. Tabor, the alleged incapacitated person, is not in the position to retain an attorney on her behalf and has refused all treatment including ECT. Therefore, Petitioner asks, if the Court deems it necessary, that an attorney be appointed for Mrs. Tabor as practicable. WHEREFORE, Petitioner respectfully requests that this Court schedule a hearing within 72 hours and appoint Benjamin Tabor as the emergency guardian of the person of Jessie Tabor, with the emergency guardianship to be in effect with respect to the guardianship of the person of Jessie Tabor until a full course of ECT treatment can be administered to Mrs. Tabor and monitored; or until such time as the Court may order. JOHNSON, DUFFIE, STEWART & WEIDNER Date: August 31, 2009 By: '`r- Elizab D. Snover Attorn I . D. No. 200997 David W. DeLuce Attorney I . D. No. 41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner, Holy Spirit Hospital :375942 VERIFICATION I, ~ ,verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: l Ccr cj~LC~Or',Ce~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF JESSIE TABOR PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE ESTATE AND PERSON OF JESSIE TABOR IN ACCORDANCE WITH 20 PA. CONS. STAT. §5513 ACCEPTANCE OF PROPOSED EMERGENCY GUARDIAN Benjamin Tabor of 1602 Kathryn Street, New Cumberland, PA 17070, hereby agrees to accept the appointment as emergency guardian of the person of his wife, Jessie Tabor, if she is adjudged to be an incapacitated person by the Cumberland County Orphans' Court for the purpose of consenting to electro- convulsive therapy. oa~ea: ny'~1-09