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HomeMy WebLinkAbout09-11-09IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: Jacqueline Beaudry, an alleged incapacitated person en ~.:;:; s c:~ :;_ = c z ro c.. z.r o c=- °~ u..r w ~. ~ W `}~' ~~ ~,/ d. U u] c~ -_, ~ '': : w ~ ¢g ©~ ; c~ g v N O.C. No. 2009-644 AMENDED PETITION UNDER §5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE JACQUELINE BEAUDRY TO BE TOTALLY INCAPACITATED AND APPOINT A PERMANENT PLENARY GUARDIAN FOR HER PERSON AND ESTATE Filed on Behalf of Petitioner. Guazdian Elder Caze, LLC d/b/a Forest Pazk Health Center Counsel of Record for Plaintiff: Schutjer Boger LLC Nicole M. Kerns Attorney I.D. No. 206827 (412) 281-351 I nkems@schutjerbogaz.com Marijane E. Treacy Attorney I.D. No. 84070 (412)281-3535 mjtreacy@schutjerbogaz.com U.S. Steel Tower 600 Grant Street, Suite 3290 Pittsburgh, PA 15219 Fax (412)281-0530 Chadwick O. Bogaz Attorney I.D. No. 83755 (717) 909-5920 417 Walnut Street, 4`" Floor Harrisburg, PA 17101 i`6 r ~.. ('„ , ,. IN THE COURT OF GOON PLEAS OF '~=~_,I~ ~ E ~ y,. ', ~ , ~: CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 2009 SEP I 0 PM 4~ 05 IN RE: JACQUELINE BEAUDRY, An Alleged Incapacitated Person CLERK OF ORPHAN'S COURT O.C. No. 20~R1r',ti'I? CC., PA, AMENDED PETITION UNDER $ 5511 OF TAF PROBATE ESTATES AND FIDUCIARIES CODE TO ADJUDGE liTTi nvc~ DL. ~i ,... ...~. ~_ __- - AND NOW, COMES, Petitioner, Guardian Elder Caze, LLC d/b/a Forest Pazk Health Center ("Petitioner"), by and through its attorneys, SCHUTJER BOGAR LLC, and hereby petitions for adjudication of incapacity and appointment of a permanent plenary guazdian of the person and estate of Jacqueline Beaudry and, in support thereof, represents as follows: 1 • The name of the alleged incapacitated person is Jacqueline Beaudry. 2. Jacqueline Beaudry, the alleged incapacitated person, is an 87 yeaz old married woman who currently resides at Petitioner's skilled nursing facility located at 700 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 3. Petitioner is a domestic limited liability corporation, with its principle place of business located at 1217 Slate Hill Road, Camp Hill, Pennsylvania 17011. 4• Because the alleged incapacitated person resides in Cumberland County, this Court has Jurisdiction pursuant to § 711(10) of the Probate, Estates and Fiduciary Code and § 5512(a). 5• Upon information and belief, the alleged incapacitated person has the following living heirs or next of kin who aze sui jurist Robert Beaudry (husband) c/o Forest Pazk Health Center 700 Walnut Bottom Road Cazlisle, Pennsylvania 17013 Paul Beaudry (son) 4055 West 166`s Sheet Cleveland, Ohio 44135 Catherine Beaudry (daughter) 118 W. South Street Cazlisle, Pennsylvania 17103 Mary Fineup (daughter) P.O. Box 368 Basye, VA 28810 6. To the extent of Petitioner's knowledge, the alleged incapacitated person's estate is less than $10,000.00. An application for Medical Assistance benefits has been filed on behalf of Jacqueline Beaudry and is currently pending before the Cumberland County Assistance Office. 8. Upon information and belief, and to the extent of Petitioner's knowledge, the alleged incapacitated person receives monthly income from Social Security in the amount of approximately $350.00. Petitioner has applied to become Representative Payee of the same. 9. The alleged incapacitated person's treating physician is: Dr. Jay Townsend Grahm Medical Clinic 110 S. High Street Newville, Pennsylvania 17241 10. Jacqueline Beaudry, the alleged incapacitated person, has been diagnosed by Dr. Townsend as suffering from, interalia, dementia. Said mental condition has caused her incapacity and requires that she receive 24-hour-a-day Gaze. 11. Because of the mental condition set forth in paragraph 10, Jacqueline Beaudry, the alleged incapacitated person, is totally unable to manage or even appreciate the significance of her personal and/or financial affairs and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in this azea. 12. Presently, the alleged incapacitated person does not have an agent, guardian, and/or available next of kin who has power of attorney to manage her personal or financial affairs on her behalf. On Apri12, 2004, Jacqueline Beaudry executed a General Power of Attorney document naming her husband, Robert Mann Beaudry as her agent. See the Power of Attorney attached hereto as Exhibit "A." However, Mr. Robert Beaudry is currently a resident of Petitioner's skilled nursing facility and unable to perform his duties as agent under his wife's Power of Attomey. Mrs. Beaudry did not appoint any successor agents. 13. There aze no less restrictive alternatives to the appointment of a permanent plenary guardian of the person and estate of the alleged incapacitated person. 14. The proposed guazdian of the alleged incapacitated person's estate is Brian D. Brooks d/b/a PA Guazdianship Association, P.O. Box 7295, Lancaster, Pennsylvania 17604. PA Guazdianship Association does not have any adverse interest to the alleged incapacitated person and an acceptance to serve as guazdian of the estate is attached hereto as Exhibit "B." 15. Brian D. Brooks has been suggested as guazdian of the estate of Jacqueline Beaudry because of his experience in dealing with incapacitated persons such as her. 16. Brian D. Brooks was appointed guardian of Jacqueline Beaudry's estate on August 31, 2009. A copy of the final decree is attached hereto as Exhibit "C." 17. The proposed guazdian of Jacqueline Beaudry's person is her daughter, Catherine Beaudry. 18. Upon information and belief, Jacqueline Beaudry was not a member of the Armed Services of the United States and, therefore, is not receiving any benefits from the United States Veterans' Administration. WHEREFORE, Petitioner prays that a citation be issued to Jacqueline Beaudry, to show cause, if any there be, why she should not be declazed an incapacitated person and Brian D. Brooks d/b/a PA Guazdianship Association be appointed permanent plenary guazdian of her estate and Catherine Beaudry appointed guazdian of her person. Respectfully submitted, SCHUTJER BOGAR, LLC Dated: ~ ~ ~ By: Nicole .Kerns Attorney I.D. No. 206827 (412)281-3511 nkerns@schutjerbogaz.com Marijane E. Treacy Attorney I.D. No. 84070 (412) 281-3535 mjtreacy@schutjerbogaz.com U.S. Steel Tower 600 Grant Street, Suite 3290 Pittsburgh, PA 15219 Fax (412)281-0530 Chadwick O. Bogar Attorney I.D. No. 83755 (717)909-5920 417 Walnut Street, 4`" Floor Harrisburg, PA 17101 VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document aze true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated: ~°%4~w j Health Center ge-fp-007 Guazdian Elder Care, LLC d/b/a Forest Pazk :... r~os-oa I:zos.oa G~lvERAL POW~It OF t~tlt Durable Provision) NOTICE: THiS IS AN 11~ORTANT DOCUMENT. BEFORE SIGNING THLS DOCU- MENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON WAOM XO~J DESIGNATE (YOUR "AGENT'S BROAD POWERS TO HANDLE YOUR PROP RTY, WHICH MAX INCLUDE POWERS TO PLEDGE, SELL OR OTHERWISE D OSE OF ANY REAL OR PERSONAL PROPERTY WTTHOUT ADVANCE NOTICE Tm YOU OR APPROVAL BY XOU. YOU MAY SPECIFX T,fIAT THESE POWERS WILL~EXIST EVEN AFTER YOU BECOME DISABLED, INCAPACITATED OR INCOMP . THiS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OIt C~R HEALTH CARE DECISIONS FOR YOU. IF THERI; IS A,NYTIIITIG ABOUT THLS ORM THAT YOU DO NOT UNDERSTAND, YOU SI30ULD ASK A LAWYER TO E71:PII,AIN IT TO YOV. YOU MAY REVOKE. THIS POWER OF ATTORNEY 1F YOU LATER WISH TO DO SO. TO ALL PERSONS, be it known that t, .L. cut 4wt t'! (~eu, t~p-t.2r.( Sot-u.~ , of /3 c'e+~/irtbnsofclw.~ Se~v.c6..,rs~I,~ /haws 04075's the undersigned Grantor, do hereby make and grant a general power of attorney to /~e bea'Y M na,u ~a+r"d^f of ~3 Cie-c~s.e~aatc~lc.J ~e.ycaLoryoa/c~ .C~iarnr~ pya)i. and' do thereupon constitute and appoint said individual as my attomey.in-fact/agen[.: 6 My atorney-vi-facvagent shall act in my name, place and stead is any wa}i which I myself could do, if I were personally present, with respect to the following matters, to the extent thaz I am ~Sermitted by law to ect through ao agent. t (NOTICE: The grantor must write his or her initials in the corresponding b[aAk spa~e of a box below with respect to tech of the subdivisions (A) through (O) below for which the Grantor wants to give a agent authority. If the blank space within a box for any particular subdivision is NOT initialed, NO AUII30 WII.L BE GRANTED for rrtaners that ate included in that subdivision. Cross out each power withheld) ~ [ I (A) Real estate vansactions ~ J(I (B) Tangible personal property transactions y ~ (C) BOIId, Share and cOmmodlty tranS8Ct10IIS [ ~~ m> Bankittg transactions [ I (E) Business operating transactions i [ ~ I (~ Insttrance transactions [ k I (G) Gigs to charities and individuals other than Attorney-in-FacUQ.gent ,f (If hrust dislrlbutions ate ittvolved or tax consequences are a~dpated, consult an attorney.) ® I9p2-ra01 Made E•Z fhoducq Ierc. pie t ' Ror. Idel R}ds produe[ tine ppe cpnrtitute the rendering of legal adieu or services. This product is intended foe infoanadooal use only aM is not s subadtute for legal advice. $bee law, very, so caosWe m attorney on aR legal maaets-This produce war apt aecssvay preparM Dy ^ peisoa acensed oo praetiu law in your su[e. ,q 4~ I~'~~~v l y"' ( ] (HI Claims and litigation J ] (n Personal relaiogships and affairs (>) Benefits from tgi]itary service ] 7 (K~ (L) Records, reports aad statemenu Full d l an auqua ifiad authority to my attorney-in-facVagent ~ ] (M) foregoing powers to nay person or persons whom my attomr Access to safe deposit box(es) ] > ] (N) (O) To authorize medical and surgical procedures (Pennsylvania t All other maaers d Durable Provision; ] ~ (P) If the blank space fq the block to the left 3s btitfaled by the G / shall not be affected by the subsequent disability or incom i Other Terms: My attorney-in-facdagent hereby accepts this appointment subject to i and perform in said fiduciary capacity consistent with my best interest discretion deems advisab)e, and I affirm and ratify all acts so undertake TO INDUCE ANY THIItD PARTY TO ACT HEREUNDER, I HEREBY A PARTY RECEIVWG A DULY EXECUTED COPX OR FACSIMII.E OF Z ACT HEREUNDER, AND THAT REVOCATION OR TERMINATIO INEFFECTIVE AS TO SUCH THIRD PARTX UNLESS AND UNTII KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HA SUCH TH]RD PARTY, ,AND I FOR MXSELF AND FOR MX HEIR; REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY ANY SUCH THIRD PARTY PROM AND AGAINST ANY AND ALL CL, AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY f PROVISIONS OF THIS INSTRUMENT. Signed under seat this day of 20 Sign in the presrnce Of: ~TirIrIlCS' S ~r (~irLantOr ~ ~~ ~~~- .a._ 6~ I) ~L.Qr. Witness any or all of the t shall select this power of attorney of the Grantor. terms and agrees to act is he/she in his/her best REE THA'I' ANY THIRD QS INSTRUML"NT MAY HEREOF SHALL BE ACTUAL NOTICE OR E BEEN RECEIVED SX EXECUTORS, LEGAL ,ND HOLD HARMLESS avlS THAT MAY ARISE WING RELIED ON THE P . Y% ft1.aC vry State of ` County of CU i'NGeY~G] yB ~ ~Yi ~ 02 raDD~beforeme,7GiLtCLUGJineC- Ut°_QK~l' ,appeared to the (or proved w me on the basis of satisfactory evidence) to be the person(s) whole name(s) i are sub db d to the within instrument and aelmowledged to me that hdshehhey executed the same in his/her/ttreir authorized capao- ity(ies), and that by his/her/their signature(s) on the instmment the person(s), or the eirtiry upon behalf of which the person(s) acted, executed the instrument WTTNESS my hand and official seal. ~wA~. SignatvtC~~ i~~ >~ tom/ w-- i Affient ~_Known Produced ID "type of IfJ (Seal) r~ z KAtHRYN R. STEVENS AZAK Nbary Puttfie Marne My Comt~lstdon ~tPhes Juy 8, 2009 ACCEPTANCE OF PROPOSED PERMANENT PLENARY GUARDIAN PA Guazdianship Association, the guardian of the estate proposed in the foregoing petition for appointment of a permanent plenary guardian of the estate of Jacqueline Beaudry, the alleged incapacitated person, agrees to accept the appointrnent as guardian of the estate and avers that it is not a fiduciary of an estate in which the alleged incapacitated person has an interest, and the proposed permanent guazdian of the estate of Jacqueline Beaudry has no interests adverse to her. Dated: ~ 6 0 rian Brooks, President PA Guardianship Association g~-fp007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DMSION IN RE: JACQUELINE BEAUDRY, An Alleged Incapacitated Person O.C. No. ~' ~~ N ~~ ~~ ~: 5, i j? r=' ; =~ r~ r 7l7 -'~/ •-_ CO`'~ ~ `:: c, ERSON __~ IAN ~; _~ FINAL DECREE -ADJUDICATION OF TOTALLY INCAPACTTA AND APPOIlVTMENT OF PERMANENT PLENARY GUA)E OF THE ESTATE OF JACOUELINE BEAUDRY AND NOW, this ~_ day of C 2009, based upon the evidence received and the record, this Court fmds, by clear and convincing evidence, that Jacqueline Beaudry is adjudged a totally incapacitated person. The Court finds that Jacqueline Beaudry suffers from dementia, a condition or disability which totally impairs her capacity to receive and evaluate information effectively and to make and communicate decisions regazding the management of her financial affairs. PA Guazdianship Association is appointed Permanent Plenary Guazdian of the Estate of Jacqueline Beaudry. The Guardian shall be required to post a court approved bond in the amount $ 1- ~ The Guazdian shall file a report in compliance with 20 Pa. C.S. § 5521(c) within ninety (90) days of this order and annually thereafter. PA Guazdianship Association shall be entitled to receive compensation for its services as Guazdian of the Estate of Jacqueline Beaudry, an incapacitated person. This compensation shall be paid monthly, beginning the month of appointment. The amount of such compensation shall be in accordance with the current fee schedule of PA Guazdianship Association, that is in effect when services aze performed; provided, however, if Jacqueline Beaudry is now or becomes eligible for Medical Assistance benefits, the fee amount shall be no less than the maximum monthly amount allowable under the policy of the Pennsylvania Department of Public Welfare regarding fees for guazdians of persons receiving Medical Assistance benefits, this amount is currently $100.00 per month.. See 55 Pa. Code § 181.134 and DPW Operations Memorandum No. 02-04-07. The Guazdian of the Estate shall be able to enter a safe deposit box, if any, in the name of Jacqueline Beaudry without prior Court authorization. The Guazdian of the Person and the Guardian of the Estate, if not the same, shall cooperate to prepaze a budget to cover the cost of providing nursing caze services to the person of Jacqueline Beaudry. The Guazdian of the Estate shall have the authority and responsibility to manage and use Jacqueline Beaudry's property primarily for her benefit and secondarily for the benefit of her legal dependents in accordance with 20 Pa. C.S. § 5536(a). Per 20 Pa. C.S. § 5536(a), the Guazdian of the Estate is authorized to spend income for the aforesaid purposes without the Court's written approval. The Guazdian of the Estate may also spend principal assets, if any, for the skilled care and maintenance of Jacqueline Beaudry and to establish an appropriate, reasonable burial reserve without court approval. The aforementioned judicial determinations have taken into consideration the matters required by 20 Pa. C.S. § 5512.1. The Court's findings of fact and conclusions of law have been placed on the record at the evidentiary hearing. r~ ~fRUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand and the seal of said Court at (:wrllc~n ce Clerk of theane CouR Cum and County