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HomeMy WebLinkAbout09-10-09IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: Robert Beaudry, O.C. No. 21-09-0733 An alleged incapacitated person AMENDED PETITION UNDER § 5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE ROBERT BEAUDRY TO BE TOTALLY INCAPACTTATED AND APPOINT A PERMANENT PLENARY GUARDIAN FOR HIS PERSON AND ESTATE Filed on Behalf of Petitioner. Guazdian Elder Caze, LLC d/b/a Forest Pazk Health Center Counsel of Record for PlaintifL• Schutjer Boger LLC Livia F. Langton Attorney I.D. No. 91548 (412) 281-3710 ]langton@schutj erbogaz. 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. Boger c c ` Attorney I.D. No. 83755 -' ` ~- i 717 909-5920 s u-O~ 417 Walnut Street, 4 Floor v . __. ~ N ~:, Harrisburg, PA 17101 r_-~ :~.- u s L~~ o ~ rs- _°. ~ C '~i7 a_ ~f 6. N GJO-n~: ~ ,.i:r c o p V _ o N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ROBERT BEAUDRY, An Alleged Incapacitated Person O.C. No. rv a 0 O `) O -i-i Z AMENDED PETITION UNDER $ 5511 OF THE PROBAT15.° ~ ESTATES AND FIDUCIARIES CODE TO ADNDGE °~rrti ROBERT BEAUDRY TO BE TOTALLY INCAPACITATED AND APPOINT A PERMANENT PLENARY GUARDIAN FOR HIS PERSON AND ESTATE 'F t'] 1'.~~ Ll."~ Cl~ ,~ ^" =n ~'~ C7 p;. -. ,_.. ir7 r ~,~ ,..y AND NOW, COMES, Petitioner, Guazdian Elder Caze, LLC d/b/a Forest Park Health Center ("Petitioner"), by and through its attorneys, SCHUTJER BOGAR LLC, and hereby petitions for adjudication of incapacity and appointment of a permanent plenary guardian of the person and estate of Robert Beaudry and, in support thereof, represents as follows: 1. The name of the alleged incapacitated person is Robert Beaudry. 2. Robert Beaudry, the alleged incapacitated person, is an 87 yeaz old married man who currently resides at Petitioner's skilled nursing facility located at 700 Walnut Bottom Road, Cazlisle, 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 are sui jurist Jacqueline Beaudry (wife) c/o Forest Park Health Center 700 Walnut Bottom Road Carlisle, Pennsylvania 17013 Paul Beaudry (son) 4055 West 166' Street Cleveland, Ohio 44135 Catherine Beaudry (daughter) 118 W. South Street Cazlisle, Pennsylvania 17103 Mazy 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. 7. An application for Medical Assistance benefits was filed on behalf of Robert Beaudry, but the application was denied on June 17, 2009 due to a failure to provide verification information and an appeal of the denial 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 $1,000. Petitioner has applied to become Representative Payee of the same. 9. Upon information and belief, Robert Beaudry was not a member of the Armed Services of the United States and, therefore, is not receiving any benefits from the United States Veterans' Administration. 10. The alleged incapacitated person's treating physician is: Dr. Jeffrey Hams Graham Medical Clinic 110 S. High Street Newville, Pennsylvania 17241 11. Robert Beaudry, the alleged incapacitated person, has been diagnosed by Dr. Harris as suffering from, inter alia, dementia with behavioral disturbances, depression and psychosis. Said mental conditions have caused his incapacity and require that he receive 24- hour-a-day caze. 12. Because of the mental conditions set forth in pazagraph 11, Robert Beaudry, the alleged incapacitated person, is totally unable to manage or even appreciate the significance of his financial affairs and to make and communicate any decisions relating thereto, including the ability to communicate his need for assistance in this area. 13. Presently, the alleged incapacitated person does not have an agent, guazdian, and/or available next of kin who is willing and/or able to manage his financial affairs on his behalf. The wife of the alleged incapacitated, Jacqueline Beaudry, is an alleged incapacitated person herself, for whom a guazdianship hearing was scheduled for August 31$` at 11:00 a.m. in Courtroom 2, Cumberland County Courthouse. 14. On January 3, 2007, Robert Beaudry executed a Power of Attomey document naming his son, Paul S. Beaudry, as his agent. See the Power of Attorney attached hereto as Exhibit "A." However, Mr. Paul Beaudry has to this point refused to perform his duties as agent under his father's Power of Attorney. 15. Mr. Beaudry appointed his daughter, Catherine Beaudry, as his successor agent under the Power of Attomey document. However, she too has proven unwilling to address his financial affairs. 16. There aze no less restrictive alternatives to the appointment of a permanent plenary guazdian of the estate of the alleged incapacitated person. 17. The same is evidencCd by the litigation pending before the Court of Common Pleas of Cumberland County, at Civil Division No. 09-4159, which was filed on June 18, 2009, though never served upon Robert Beaudry because of his alleged incapacity. 18. The proposed guazdian of the estate of the alleged incapacitated person is Brian D. Brooks d/b/a PA Guazdianship Association, P.O. Box 7295, Lancaster, Pennsylvania 17604. Brian D. Brooks 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: ' 19. Brian D. Brooks has been suggested as guazdian of the estate of Robert Beaudry because of his experience in dealing with incapacitated persons such as Mr. Beaudry. 20. Brian D. Brooks was appointed guazdian of Robert Beaudry's estate on August 31, 2009. A copy of the final decree is attached hereto as Exhibit "C." 21. The proposed guazdian of Robert Beaudry's person is his daughter, Catherine Beaudry. WHEREFORE, Petitioner prays that a citation be issued to Robert Beaudry, to show cause, if any there be, why he should not be declazed an incapacitated person and Brian D. Brooks d/b/a PA Guardianship Association be appointed permanent plenary guazdian of his estate and Catherine Beaudry appointed guazdian of his person. Respectfully submitted, SCHUTJER BOGAR, LLC Dated: 9 9 ~DOq By: - Livia F. Lan$~ n Attorney I.)7~: No. 91548 (412)281-3710 llangton@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 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. i / /, t Dated: ~' ' 2-1 ~,~r,. /fi~1//tj 1~~~~ Dawn Jordan, Billirtg'Supervisor Guardian Elder Care Services, LLC d/b/a Forest Pazk Health Center ' POWER OF ATTORNEX KNOW ALL MEN BY THESE PRESENTS that I, ROBERT 1~. BEAUDRX of Carlisle Cumberland County, Pennsylvania, have made, constituted and appointed, and do hereby make, constitute and appoint my son, PAUL S. BEAUDRY of Cleveland, Oho, as MY TRUE AND LAWFUL AGENT (hereinafter my "Agent', for me and in my name end on my behalf to receive and receipt for any and all sums of money or payments due or ~ become due to me; to pay any and all bills, accounts, claims and demands now or hereafter payable by me; to make investments and reinvestments forme; to act forme in any business in which I am now or have been engaged or interested; to do and perform all matters and things anH transact all business; to make execute, and acknowledge all contracts, orders, deeds, writings, ~ssuranecs and instruments which may be requisite or proper to effectuate any matter or thing appejrtaining or belonging to me; and generally to act forme in all matters affecting my business or roperty, with the same force and effect to alI intents and purposes as though I were personally~pxesent and acting for myself, hexeby ratifying and confimaing whatsoever in~y said Agent sha~l do by authority hereof. In addition to the above powers, my Agent shall have the follo~ing specific powers: (1) To make gifts to any person selected by my Agent withdut limitation, including the limitation of the annual exclusion from gilt tax provided under section 2503(b) of the Internal Revenue Code (or any successor provision to the Code); (2) To create a frost for my benefit; (3) To make additions to an existing tout for my benefit; (4) To claim an elective shaze of the estate of my deceased Spouse; (5) To disclaim a~ interest in property; (6) To renounce fiduciary positions; ('n To withdraw and receive the income or corpus of a tnrsta (8) To engage in real property transactions; (9) To engage in tangible personal property transactions; (10) To engage in stock, bond or other securities transaction; (11) To engage in commodity and option transactions; (12) To engage in banking and financial transactions; (13) To borrow money; (14) 1'o enter safe deposit boxes; (15) To engage in insurance transactions; {l6) To engage in retirement plan transactions; (17) To handle interests in estates and trusts; (18) To pursue claims and Litigation; (19) To receive government benefjts; (20) To pursue tax matters; (21) To authorize medical and surgical procedures; (22) To authorize my admission to a medical, nursing, residential or similar facility and to enter into agreements for my care; and s (23) To make an anatomical gift of all or part of my body. If PAUL S, BEAUbIZY is unable or unwilling to serve or continulr to serve as my Agent then 1 appoint my daughter, CATHERINE A. HEAUDRY of Cazlisle,l?ennsylvarria to act as my alternate Agent under the same terms and duration and granted the same powers as PAUL. S. BEAUDRY herein. My agent shall receive no fee until heJshert actually. exercises tyre powers hereunder. In consideration of my Agent receiving no such fu; my Agent shall lrave~solutely no duty to exercise arty of the powers hereunder unless my Agent [or Agent's chi = f trust officer], is requested in writing by me of by a close member of my family to actually act under this power. So long as my Agent is serving hereunder, such Agent may delegate one or more of the powers granted herein to such person or persons as my Agent may designate, and on terms and for such duration as my Agent may specify in writing signed by my Agent. AND this Power of Attorney shall not be affected by any futuresdisability or incapacity of the undersigned principal. TIN WITNESS W'FiERBOF,.T have hereunto set my hand and seat, this ~ ~ ~1''"- " ~z y~g , 2007. ~ //>> ~ v ~i" ,~= t. 1t013ERT M. BEAUDRY COUN'T'Y OF E'~E» Da.v~~~^ ~ SS: On this, tlxe ~ day of ,.J ct 2007, bEfore me, a Notary Public, the undeTSigned officer, personally appeared It F3BRT M.13EAUDR'Y''S laiown to me (or satisfacWrily proven) to be the person whose name is subscribed to the:with iu instrument and notice, and aclmowledged that he executed the same for tlae purposes tLterein coutaincd. IN WITNESS WI3EROF, I hereunto set my hand and official s2a1. No Public My Comt~ission 13xpires: (S MOMMiIIII~t ~~~~ s' ~ Awe awn. COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: ACKNOWLEDGEMENT I, PAUL S. BEAUDRY have read the attached Powet of Attorney and I am the person identified as the agent for ROBERT M. BEAUbRY (the "Principal"}. I hereby acknowledge that in the absence of a specific provision to the cotmary in the Power of A~tomey or in 20 Pa.C.S. Ch. 56 when I aet as agent: I shall exercise the powers for the benefit of the Principal. I shall keep the assets of the Principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a ful! and accurate record of all actions, receipts and disbursements on behalf of the Principal. ate) l • (Agee sS>lbscribed and acknowledged before me by ~Ccy~ v~*`/ oa this ~ day of J_T~,~w~.._,~- , 2007. r- =~~+~-- No Pub is My Comrriission Expires: (S aor~t eat ~w,w ~ Cowen "''' ~r..tevtt,;oto INT THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ROBERT BEAUDRY, An Alleged Incapacitated Person O.C. No. ACCEPTANCE OF PROPOSED PERMANENT PLENARY GUARDIAN P.l)14fOZ0 Bran D. Brooks d/b/a PA Guardianship Association, the guardian of the estate proposed in the foregoing petitfon for appointment of a permanent plenary guardian of the estate of Robert Beaudry, the alleged incapacitated person, agrees to accept the appointment as guardian of the estate and avers that it is not a fiduciary of an estate in which the alleged incapacitated person has as interest, and the proposed permanent guardian of the estate of Robert Beaudry has no interests adverse to his. The proposed guardian is also the proposed guardian for Jacqueline Beaudry, whose guardianship hearing is scheduled for August 31, 2009, in O.C. Iv`o. 2009-644. Dated:_1!.~ ~lL~~ Brian Brooks a P Guardianship Association -... ,,„, :;, - .._ AUG 0 6 20© N9J o _ IN THE COURT OF COMMON PLEAS OF ~~ "° ° ~ ' ci~p C r CUMBERLAND COUNTY, PENNSYLVANIA ~ r rn ORPHANS' COURT DIVISION -:- ~~ _?~ - ~ -"~ IN RE: ROBERT BEAUDRY, An Alleged Incapacitated Person C-` r. -n ->-n ._~.J o.c. No. ~l - U~~° ~~ 3 ~' t - ~, -::" i ,.;,: ~„ FINAL DECREE - ADJUDIC~ITION OF TOTALLY INCAPACITATED PERSON AND APPOINTMEN'T' OF PERMANENT PLENARY GUARDIAN OF THE ESTATE OF ROBERT BEAUDRY AND NOW, this ? ~ day of _~, 2009, based upon the evidence received and the record, this Court finds, by cleaz and convincing evidence, that Robert Beaudry is adjudged a totally incapacitated person. The Court finds that Robert Beaudry suffers from dementia, depression and psychosis, conditions and/or disabilities which totally impair his capacity to receive and evaluate information effectively and to make and communicate decisions regarding the management of his financial affairs. PA Guardianship Association is appointed Permanent Plenary Guardian of the Estate of Robert Beaudry. The Guazdian shall be required to post a court approved bond in the amount $ ~ " ~ 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 Robert 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 are performed; provided, however, if Robert 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 Robert Beaudry without prior Court authorization. The Guazdian of the Person and the Guazdian of the Estate, if not the same, shall cooperate to prepaze a budget to cover the cost of providing nursing care services to the person of Jacqueline Beaudry. The Guazdian of the Estate shall have the authority and responsibility to manage and use Robert Beaudry's property primarily for his benefit and secondazily for the benefit of his legal dependents in accordance with 20 Pa. C.S. § 5536(a). Per 20 Pa. C.S. § 5536(a), the Guardian of the Estate is authorized to spend income for the aforesaid purposes without the Court's written approval. The Guardian of the Estate may also spend principal assets, if any, for the skilled caze and maintenance of Robert 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 evidentiazy hearing. ~ tiUE t;UPY FROM RECORD In Testimony yyherof, i hereunto set my hand end the seal of said Court ~Carlisla, PAS Cletk of Ih ~P~^s Co~K