HomeMy WebLinkAbout10-15-09iN ~' : IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
JAMES PAGUE, :ORPHANS' COURT DNISION
An alleged incapacitated person
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PETITION FOR THE APPOINTMENT OF
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GUARDIAN OF THE PERSON AND ESTATE
PURSUANT TO 20 P S 55511
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,
Cazlisle, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is James Pague, age 61, who currently resides at
17 Wyrick Avenue, Shippensburg, Cumberland County, Pennsylvania and has resided
there for a period exceeding 1 yeaz prior to the filing of this Petition.
3.
James Pague, the alleged incapacitated person, had what is believed to be a
common law marriage with a woman who is now deceased and who had several nieces
and his only known relative is:
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Dillsburg
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4.
The Petitioner is not related to James Pague.
5.
The Petitioner's interest is that of a welfaze agency concerned with his welfaze
and is familiaz with his case.
6.
James Pague has, for at least three (3) months, been incapable of managing and
caring for himself and his financial affairs,
7.
James Pague exhibits symptoms of mental incapacity, including but not limited to
cognitive disorder not otherwise specified, and alcohol dependence.
8.
James Pagne's mental incapacity prevents him from managing and cazing for the
affairs of his person and estate.
9.
On or about September 15, 2009, the Petitioner received a report for need of
Protective Services for James Pague.
10.
On or about October 9, 2009, James Pague, found by representatives of the
Petitioner, was found to be extremely confused and behaving in a bizarre way and, as a
result of his condition, was taken to Chambersburg Hospital by representatives of the
Petitioner. .
11.
Medical history for James Pague reflects an individual having alcohol
dependence.
12.
A MRI test was conducted on Mr. Pague and he was found to have right frontal
lobe hemorrhage and also other infazcts were noted in the thalamus and right cauded
nucleus.
13.
After being stabilized, James Pague has been found to be confused, occasionally
agitated and has been undergoing detox precautions.
14.
The house where James Pague resides was the subject of a Sheriff's Sale on or
about September 24, 2009 and Petitioner believes and, therefore, avers that James Pague
will not have a residence to return to when he is discharged from Chambersburg Hospital.
15.
Indranil Chakrabarti, M.D. believes that James Pague is incapable of making
medical, personal or financial decisions.
16.
Petitioner believes and, therefore, avers that James Pague has no income.
17.
Petitioner requests that it be appointed Plenazy Guazdian of the Person and Estate
on both an emergency and permanent basis.
18.
The proposed Guardian has no interest which is adverse to the interest of James
Pague.
19.
Petitioner believes, and, therefore avers that James Pague does not already have a
Guazdian.
20.
Petitioner asserts that James Pague is incapacitated as defined in Chapter 55 of the
Probate Estates and Fiduciaries Code.
21.
Because of his impaired mental and physical condition, James Pague lacks the
capacity to provide for his own personal caze and maintenance.
22.
Because of his impaired mental and physical condition, James Pague is unable to
manage his financial affairs, property and business and to make and communicate
responsible decisions relating thereto.
23.
A power of attorney would be a less restrictive alternative than Guazdianship but
James Pague currently does not have anattorney-in-fact and he lacks the capacity, at
present, to appoint one.
24.
To Petitioner's knowledge, no previous application has been made for the Order
herein requested or for a similaz Order.
25.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of James Pague.
26.
James Pague is due to be dischazged from Chambersburg Hospital at any time
and, upon discharge from the hospital, Petitioner believes, and, therefore, avers that
James Pague would be at imminent risk of serious bodily harm because he has no place to
go and no one to care for him.
27.
The failure to appoint Petitioner as Emergency Plenary Guardian of the Person
and Estate of James Pague and later as permanent Plenary Guazdian of his Person and
Estate will result in irl'epazable harm to the person and estate of James Pague.
28.
To eliminate the imminent risk of harm to James Pague, Petitioner, if appointed as
the proposed Emergency and Permanent Plenary Guardian of his Person and Estate, will
seek to immediately place him in a facility that is the least restrictive alternative available
for him.
29.
Medical Assistance regulations as set forth in Nursing Caze Handbook
instructions allow for the payment of Guazdian fees as a deduction when determining
contribution towazd cost of care.
30.
The amount of the Guardian's fee that is allowable as a deduction is the actual fee
paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per
month, whichever is less.
WHEREFORE, the Petitioner respectfully requests that:
t • The Court appoint the Cumberland County Aging & Community Services,
in and for Cumberland County, Pennsylvania as Emergency plenary Guardian of the
Person and Estate of James Pague pending a final hearing on this Petition with such
Emergency Guardian having full power to place James Pague into a nursing home or
such other facility deemed appropriate and such other powers and restrictions the Court
deems proper;
2• Pursuant to 20 Pa.C.S.A. §5513, the Court find that the emergency
necessitating the filing of this Petition will continue beyond seventy-two (72) hours from
the date of any Emergency Order;
3. Pursuant to 20 Pa.C.S.A. §5513, the Court schedule a final hearing on or
within 23 days from the date of any Emergency Order;
4.
in and for Cumberland County, Pennsylvania as permanent Plenary Guazdian of the
Person and Estate of James Pague; and
6• Grant payment of a Guazdian fee to Petitioner subject to a maximum of 10% of
James Pague's gross monthly income or $100.00 per month, whichever is less.
Respectfully Submitted,
An hony L uca, Esquirea~~-~_
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717)258-6844
The Court appoint the Cumberland County Aging & Community Services,
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
the appointment of Emergency Plenary Guardian of the Person and Estate in accordance
with 20 P.S. §5513 and for Permanent Plenary Guardian of the Person and Estate
pursuant to 20 P.S. §5511 of James Pague aze true and correct to the best ofmy
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: ~ ~ ~ 5 ~ ~ ~l2YL a'L j~' (~i ~Zt.
en Sheriff