HomeMy WebLinkAbout11-19-09IN RE: : IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
DENNISON H. BAKER, :ORPHANS' COURT DNISION
An alleged incapacitated person
No. 011- dq-/d 7g
PETITION FOR THE APPOINTMENT OF
PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE
PURSUANT TO 20 P.S. &5511
AND NOW COMES THE PETITIONER, Jeffrey W. Baker, by his attorney,
Anthony L. DeLuca, Esquire, who represents and avers as follows:
1.
The Petitioner is Jeffrey W. Baker, an adult individual, who resides at 108 East
Keller Street, Mechanicsburg, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is Dennison H. Baker, age 63, who currently
resides at Golden Living Center-West Shore, 770 Poplar Church Road, Cumberland
County, Pennsylvania and has resided there since September, 2009.
3.
The known relatives of the alleged incapacitated person are:
a. Dana Baker-Carr -Daughter
435 East Freemason Apt. 2A
Norfolk, Virginia 23510
b. Elise M. Baker -- Mother o , ,
125 East Green Street ~O x ~; i:';
Shiremanstown
PA 17011 ; `;~~ ° `~
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c. Jeffrey W. Baker -Brother ~= ~ x ~ .
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108 East Keller Street c~;o°
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Mechanicsburg, PA 17055 '-~~-~
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4.
The Petitioner is the brother of the alleged incapacitated person.
5.
The Petitioner's interest is that of a family member concerned with his welfaze
and is familiaz with his condition.
6.
Dennison H. Baker has, for at least three (3) months, been incapable of managing
and caring for himself and his financial affairs.
7.
Dennison H. Baker exhibits symptoms of mental incapacity, including but not
limited to dementia, alcohol related.
8.
Dennison H. Baker's mental incapacity prevents him from managing and caring
for the affairs of his person and estate.
9.
Petitioner believes and, therefore, avers that Dennison H. Baker has a long history
of alcohol use and abuse going back to the 1970's which ultimately was the cause of him
losing his wife and daughter.
10.
In August, 2009, Dennison H. Baker was found unresponsive on the floor of his
room and was taken to Holy Spirit Hospital where he received a diagnosis of Korsokoff s
Syndrome and determined to have permanent brain damage.
11.
On or about August 14, 2009, Dennison H. Baker was examined at Holy Spirit
Hospital in Camp Hill, Pennsylvania and the following observations were set forth on the
consultation report:
a. He was confused, delirious and thought he had brought his aunt to the
hospital refusing to believe that he was the patient;
b. CT scan of brain reflected atrophy;
c. Believed that he was 50 yeazs old, thought it was autumn of 08 or 09;
d. Could not recall what he had for breakfast and thought he was in the
Navy;
e. Thought that the doctor flew in from Pittsburgh; and
f. Insisted that he was 160 pounds and refused to believe that his actual
weight was 110 pounds.
12.
A further review of the consultation report indicates that he was delusional and
agitated.
13.
Petitioner believes and, therefore, avers that Dennison H. Baker's income consists
of $1,358.00 a month from Social Security.
14.
Petitioner requests that he be appointed Permanent Plenary Guardian of the
Person and Estate of Dennison H. Baker.
15.
The proposed Guazdian has no interest which is adverse to the interest of
Dennison H. Baker.
16.
Petitioner believes, and, therefore avers that Dennison H. Baker does not already
have a Guazdian.
17.
Petitioner asserts that Dennison H. Baker is incapacitated as defined in Chapter 55
of the Probate Estates and Fiduciaries Code.
18.
Because of his impaired mental and physical condition, Dennison H. Baker lacks
the capacity to provide for his own personal Gaze and maintenance.
19.
Because of his impaired mental and physical condition, Dennison H. Baker is
unable to manage his financial affairs, property and business and to make and
communicate responsible decisions relating thereto.
20.
A power of attorney would be a less restrictive alternative than Guazdianship but
Dennison H. Baker currently does not have an attorney-in-fact and he lacks the capacity,
at present, to appoint one.
21.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
22.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Dennison H. Baker.
23.
The failure to appoint Petitioner as Permanent Plenary Guardian of the Person and
Estate of Dennison H. Baker will result in iaepazable harm to the person and estate of
Dennison H. Baker.
24.
To eliminate the imminent risk of harm to Dennison H. Baker, Petitioner, if
appointed as the proposed Permanent Plenary Guazdian of his person will seek to
immediately place him in a nursing home facility because that is the least restrictive
alternative available for him.
25.
Medical Assistance regulations as set forth in Nursing Caze Handbook
instructions allow for the payment of Guazdian fees as a deduction when determining
contribution toward cost of care.
26.
The amount of the Guazdian'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:
The Court appoint Jeffrey W. Baker, as Permanent Plenary Guazdian of
the Person and Estate of Dennison H. Baker
2. Grant payment of a Guazdian fee to Petitioner subject to a maximum of
10% of Dennison H. Baker's gross monthly income.
Respectfully Submitted,
~~~
Anthony L. D uca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717)258-6844
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition For
the appointment of Permanent Plenary Guazdian of the Person and Estate of Dennison H.
Baker pursuant to 20 P.S. §5511 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: - G ~Q