HomeMy WebLinkAbout09-18-09IN ~~ IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
HAZEL A. PRIEST, :ORPHANS' COURT DIVISION
An alleged incapacitated person
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PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY
GUARDIANS OF THE PERSON AND ESTATE
PURSUANT TO 20 P S §5511
AND NOW COMES THE PETITIONER, the Cumberland County Aging &
Community Services, in and for Cumberland County, Pennsylvania, by its solicitor,
Anthony L. DeLuca, Esquire, who represents and avers as follows:
1.
The Petitioner is the Cumberland County Aging & Community Services, in and
for Cumberland County, Pennsylvania, with its office located at 16 West High Street,
Carlisle, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is Hazel A. Priest, age 82, who currently resides at
922 Susan Circle, Enola, PA 17032, Cumberland County, Pennsylvania.
3.
The known relatives of the alleged incapacitated person are:
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The Petitioner is not related to Hazel A. Priest. a
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5.
The Petitioner's interest is that of a welfare agency concerned with her welfare
and is familiar with her case.
6.
Hazel A. Priest, has, for at least the last three (3) months, been incapable of
managing and caring for herself and her financial affairs.
7.
Hazel A. Priest exhibits symptoms of mental incapacity, including but not limited
to senile dementia of the Alzheimer's type.
8.
Hazel A. Priest's mental incapacity prevents her from managing and caring for the
affairs of her person and estate.
9.
On or about June 16, 2009, the Petitioner received a report of need of Protective
Services for Hazel A. Priest and, when visited by Petitioner's authorized representative, it
was noted she was forgetful in most areas.
10.
On or about June 16, 2009, the Petitioner offered in home services to Hazel A. Priest
but she refused the proposed help.
11.
On or about June 30, 2009, the Petitioner contacted Dr. Kenneth Harm to discuss
Hazel Priest and, at that time, he stated he was concerned about her ability to manage
independently and also felt that she was vulnerable to falls and there was a risk for self
neglect.
12.
On or about August 13, 2009, the Petitioner offered in home services to Hazel A.
Priest which services included meal preparation, grocery shopping, and medication
reminders. Hazel A. Priest agreed to accept such services.
13.
On or about August 13, 2009, the Petitioner supplied pill boxes to Hazel A. Priest
which had been filled by Dr. Kenneth Harm's office.
14.
On or about August 20, 2009, the Petitioner visited with Hazel A. Priest and,
during the visit, it was noted:
A. That Hazel A. Priest did not take all her medication as prescribed;
B. That the pills taken while the home health aide was there were the only ones
taken consistently; and
C. That Hazel A. Priest did not have ample medication for the next week.
15.
On or about August 21, 2009, the Petitioner contacted Dr. Kenneth Harm's office
to request additional medication for Hazel A. Priest. Thereafter, a pharmacy that
prepackages the medication was contacted to supply and deliver the medication.
16.
On or about August 24, 2009, the Petitioner received a report indicating a concern
regarding prescription medications, the basis of which was that Hazel A. Priest did not
receive her medications. The Petitioner verified that the medication was delivered to her
on August 21, 2009.
17.
Petitioner states that Keystone Guardianship Services of Elizabethville, Dauphin
County, Pennsylvania, who has been appointed in other cases in Cumberland County, is
willing to be appointed Permanent Plenary Guardians of the Person and Estate of Hazel
A. Priest.
18.
The Petitioner believes, and therefore, avers that Hazel Priest's income is $1,354.00
from Social Security and a Pension.
19.
The proposed Guardian has no interest which is adverse to the interest of Hazel A.
Priest
20.
Petitioner believes, and, therefore avers that Hazel A. Priest does not already have a
Guardian.
21.
Petitioner asserts that Hazel A. Priest is incapacitated as defined in Chapter 55 of the
Probate Estates and Fiduciaries Code.
22.
Because of her impaired mental and physical condition, Hazel A. Priest lacks the
capacity to provide for her own personal care and maintenance.
23.
Because of her impaired mental and physical condition, Hazel A. Priest is unable to
manage her financial affairs, property and business to make and communicate responsible
decisions relating thereto.
24.
A power of attorney would be a less restrictive alternative than Guardianship but
Hazel A. Priest currently does not have anattorney-in-fact and she lacks the capacity, at
present, to appoint one.
25.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
26.
No other Court has ever assumed jurisdiction in any proceeding to determine the
capacity of Hazel A. Priest.
27.
Petitioner believes and, therefore avers that the failure to appoint a Permanent
Plenary Guardian of the Person and Estate of Catherine P. Riffle will result in irreparable
harm to her person and estate.
28.
Petitioner believes and, therefore, avers that Hazel A. Priest has sufficient assets
which would enable her to pay for services rendered by the Guardians of her Person and
Estate.
29.
Keystone Guardianship Services would seek compensation for services rendered.
WHEREFORE, the Petitioner respectfully requests that:
The Court appoint Keystone Guardianship Services of Elizabethville,
Dauphin County, Pennsylvania as Permanent Plenary Guardians of the Person and Estate
of Hazel A. Priest.
Respectfully Submitted,
Dated1 ~ f~-~a,~
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Anthony L. D ca, squire
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 258-6844
ID No. 18067
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
the appointment of Permanent Plenary Guardian of the Person and Estate pursuant to 20
P.S. §5511 of Hazel A. Priest are true and correct to the best of my knowledge,
information, and belief. I understand that any false statements contained herein are
subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
Dated: a ~ I B' v
en L. Sheriff
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