HomeMy WebLinkAbout11-05-09IN RE: Patricia A. Kelly IN THE COURT OF COMMON PLEAS
An Alleged Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
PETITION OF PRESBYTERIAN SENIOR LIVING TO ADJUDICATE AN
INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARDIAN
OF HER PERSON AND ESTATE
AND NOW, comes the Petitioner, Presbyterian Senior Living, Inc., by and
through its counsel, Jane Adams, Esquire, and respectfully petitions this Honorable
Court pursuant to 20 Pa. C.S.A. §5511 for an Order adjudicating Patricia A. Kelly to be
an incapacitated person and appointing a guardian over her person and estate and in
support thereof states as follows:
1. Petitioner, Presbyterian Senior Living, (hereinafter "Petitioner"), is a
corporation properly registered and qualified to do business in Pennsylvania.
2. Petitioner operates a facility known as Green Ridge Village, at 210 Big Spring
Road, Newville, Pennsylvania, 17241.
3. The Alleged Incapacitated Person is Patricia A. Kelly.
4. As the residential care provider for Patricia A. Kelly, Petitioner has an interest
in her welfare given her status as an alleged incapacitated person.
5. Patricia A. Kelly is sixty-eight (68) years old with a date of birth of February
18, 1941.
6. Residential services are currently being provided to the alleged incapacitated
person by Petitioner at Green Ridge Village.
7. Patricia A. Kelly has the following diagnoses: arthritis, Esophageal Reflux,
Psychosis, Hyperchoiesterolemia, Dementia/Alzheimer's disease (See a copy of
Certification of Dr. Guistwite, attached hereto at Exhibit A).
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8. Dr. Guistwite, a physician who has been involved in regular treatr~r~of ~ -
Patricia A. Kelly, believes that Patricia A. Kelly is incapable of making any d~ ` ons ~"
regarding her medical treatment at this time. (See Exhibit A). ~ o (~~
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9. Patricia A. Kelly is unable to manage or take care of matters pertaining to her
own health and well-being without the existence of another individual who will act as
guardian of her person. She is unable to resist fraud or undue influence without the
assistance of a guardian.
10. Upon information available to the Petitioner, Patricia A. Kelly has no valid
living will, advance directive for health care, power of attorney, or other document
regarding her wishes pertaining to her personal affairs and/or medical care in the event
of her incapacity while a residence at Green Ridge Village.
11. Upon Petitioner's information and believe, Patricia A. Kelly has no next of
kin.
12. Upon information and belief, Patricia A. Kelly was never a member of the
United States Armed Forces.
13. Upon information and believe, no other guardians of the person or estate of
Patricia A. Kelly have been appointed, and n~oi other court has assumed jurisdiction in
any proceedings to determine the capacity of Patricia A. Kelly, the alleged incapacitated
person.
14. Petitioner seeks the appointment of a guardian of the person and estate
because, in the opinion of the doctor, Patricia A. Kelly is mentally incapacitated and
unable to make decisions regarding her personal affairs. Her condition is such that she
would be unable to resist fraud or undue influence without the assistance of another
non-interested individual to act as her guardian.
15. Presently, the alleged incapacitated person is a resident of Green Ridge
Village, Newville, Pennsylvania, in the skilled nursing unit. The essential requirements
for her health and safety are provided at the facility. A guardian over her person and
estate is required to provide consent for medical and surgical treatments, if necessary,
and to ensure that Patricia A. Kelly's continued personal needs and financial obligations
are met.
16. Petitioner believes that there are no less restrictive appropriate alternatives
to seeking a guardianship, over the person and estate of Patricia A. Kelly.
17. The proposed guardian over Patricia A. Kelly is Good News Consulting, 140
Roosevelt Ave., Suite 206, York, Pa. 17401.
18. Good News Consulting has agreed to serve as Patricia A. Kelly's guardian.
(See a copy of consent of Proposed Guardian attached hereto, with the original to be
provided to the court at hearing).
19. Upon information and belief, the proposed guardian has no interest adverse to the
alleged incapacitated person.
20. The proposed guardian is a qualified guardian pursuant to 20 Pa. C.S.A. §5511(f).
21. Petitioner respectfully requests that the proposed guardian be given powers over
the person and estate of Patricia A. Kelly.
23. Insofar as Petitioner can ascertain, Patricia A. Kelly's assets and income consist of
the following: minimal personal effects and social security income.
24. Patricia A. Kelly's mental and physical condition mandates that a guardian be
appointed to make decisions concerning her person and estate, including, but not limited to, her
living arrangements, her medical and psychiatric care, the administration of medications,
surgical interventions, the employment and discharge of physicians, dentists, nurses, etc., for
her physical care and to make decisions regarding her personal finances.
WHEREFORE, Petitioner respectfully request that this Honorable court issue a citation
directed to Patricia A. Kelly, the alleged incapacitated person, with notice to such persons at this
court may direct, to show cause why she should not be adjudged a totally incapacitated person,
and why Good News Consulting should not be appointed guardian over her person and estate.
Respectfully submitted:
oa,. (CIS ~O~j
,l~ a Adams, Esquire
I. . No. 79465
West South Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PETITIONER
From: 09/15/2009 14:43 #191 P.00&/008
VERIFICATION OF DR. DARRYL GUIST111IITE
Date:
I, Dr_ Darryl Guistwite, do hereby state that the following is true and correct
based upon my personal knowledge, information, and belief:
1. I am a physician licensed in good standing to practice medicine in the
Commonwealth of Pennsylvania.
2. I am the attending physician for Patricia A. Kelly. i attend to heron a
regular basis at Green Ridge Village, 210 Big Spring Road, Newville, Pennsylvania,
17241.
old.
3. Patricia A. Kelly was born on February 18, 1941 and she is sixty-eight years
4. She suffers from Arthritis, Esophageal Reflux, Psychosis,
Hypercholesterolemia, Dementia/Alzheimer's Disease.
5. Ms. Kelly's condition is not curable or reversible. Her diagnosis for
improvement is poor.
6. I have determined within a reasonable degree of medical certainty that Ms.
Kelly is unable to receive and evaluate information effectively and communicate
decisions, and that her abilities are impaired to such a degree as to render her totally
unable to meet the requirements far her physical health and safety without the
assistance of another individual or organization who will act as a guardian over her
person and estate.
7. It is my opinion that Ms. Ke11y is unable to resist fraud or undue influence
without the assistance of a guardian to make decisions regarding her health care.
8. It is my opinion that the failure to appoint a guardian with authority to provide
consent for Ms. Kelly to receive appropriate medico! care and treatment will result in
irreparable harm to her Person.
I declare that the above statements are true subject to penalties of 18
Pa.C.S.§4904 relating to unsworn falsification to authorities.
~1~~c~0~1
Dr. Darry! Gu
ng Physician
CONSENT OF PROPOSED GUARDIAN
Good News Consulting hereby consents to act as Plenary Permanent
Guardian of the Person and Estate of Patricia A. Kelly, an alleged incapacitated
person
Good News Consulting is a S-corporation organized under the laws of
the Commonwealth of Pennsylvania and is doing business at 140 Roosevelt Ave., Suite
206, York, Pa. 17401.
Good News Consulting provides guardianship services allowing for the highest
quality of care available in the least restrictive setting available. Good News Consulting
will provide a full range of human services, including taking responsibility for medical
and personal care decisions, handling financial affairs, providing one-on-one contact
and monitoring, and other services, as necessary.
Good News Consulting and its agents have no interests (financial or otherwise)
adverse to those of the alleged incapacitated person, and no agents of Good News
Consulting reside in the same household or facility with the alleged incapacitated
person.
~ QS ~ f'rI C~ ~ ~ (~"
Date: ~~ ~ /p 9 Tina Hess
Good News Consulting
From
09/15/2009 14:43 #191 P.007l008
CERTIFICATION OF WALTER KINGERAS
EXECUTIVE DIRECTOR A GREEN RIDGE VILLAGE
I, Walter Kingera, do hereby state under penalty of perjury that the following is
true and correct based- upon my personal knowledge:
1. I am the executive director at Green Ridge Village, 21 ~ Big Spring Ave.,
Newville, Pennsylvania, 17241, which provides skilled nursing and rehabilitation
services for elderly patients.
2. Green Ridge Village is operated by Presbyterian Senior Living, which is a
corporation registered and qualified to do business in Pennsylvania; I am employed by
this corporation.
3_ Patricia A. Kelly is currently a resident of Green Ridge Village
4. Upon information available to the Petitioner, Patricia A_ Kelly has no valid
executed living will, advance directive for health care; or other document regarding her
wishes pertaining to her personal affairs and/or medical care in the event of her
incapacity while a resident at Green Ridge Village in Newville, Pennsylvania.
5. The undersigned knows of no one who would oppose the appointment of
Good News Consulting as Guardian of the Person and estate of Ms. Kelly.
Under penalty of perjury, I declare that the above statements are true to the best
of my knowledge and belief.
Date: Y/1--~9 Walter Kingera xec ve Director