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HomeMy WebLinkAbout03-03-10In Re: Garnet J. Mackling, All ed Incapacitated Person IN THE COUNTD ~ OCOTY pE NSYLVOANIA . CUMBERLA ORPHANS COURT DIVISION NO. 10- ~a(5 an eg n ointmet m Petition for Adjudication of Incapacity and App of Plenary Guardian of the Estate and Person in a`'",~ Accordance with 20 Pa• Cons. Stat. § 5511 c~ A TO THE HONORABLE, THE JUDGES OF THE SAID COURT: ~ -~, ~Y ~~ `-T7 ~ C.:^• ._ l ~ r ~,~'~ `^l'1 ~ _)4~s ~_,~_ '~ r~.,~ -~ f ~ -~ tJ Petitioner is James L. Mackling, an adult individual residing at 1345 Goodyear 1. ers Cumberland County Pennsylvania. Petitioner is the husband of Garnet J. Road, Gardn , Mackling, the alleged incapacitated person. ears of a e and is married to 2, Garnet J. Mackling was born on April 29, 1930, is 79 y g cklin ,the Peitioner. She resides with the Petitioner at 1345 Goodyear Road, Janes L. Ma g Gardners, Cumberland County Pennsylvania, which is also her mailing address. ted erson's 3. Other than Petitioner, the following persons are the alleged incapacita p only living next-of-kin: uF1.ATiON~HIp Katherine Davis Harold Fansler Roy Fansler June Sheffield 15643 Cumberland Highway Newburg, PA 17240 9221 Wilson Road Waynesville, OH 45068 301 Sands Street Panama City, FL 32413 5145 Trace Crossing Dr. Hoover, AL 35244 Daughter Son Son Daughter 4. In addition to the aforesaid next of kin, the alleged incapacitated person also has one step son, Petitioner's son, Keith Mackling, 6675 Stitzel Road, Greencastle, PA 17225. 5. To the extent known by Petitioner, the assets of the alleged incapacitated person in her name alone are valued at approximately $5,000.00; consisting of two motor vehicles. All other assets are owned jointly with Petitioner, including their residence which is subject to a mortgage, have a net value of approximately $100,000.00. 5. Petitioner estimates the alleged incapacitated person's annual income to be $17,021.00 ,including Social Security Benefits of $850.50 and retirement income of $567.91 monthly. 6. The alleged incapacitated person was not a member of the armed services of the United States and is not receiving benefits from the United States Veteran's Administration. 7. The alleged incapacitated person suffers from dementia due to Alzheimers' Disease which was first diagnosed approximately four years ago. 8. Because of her mental condition, the alleged incapacitated person is totally unable to manage or even appreciate the significance of her financial affairs, property and business and to make and communicate any decisions relating thereto, including the ability to communicate his need for assistance in these areas. 9. Because of his impaired mental condition, the alleged incapacitated person lacks the capacity to make or communicate any responsible decisions concerning her person and is unable to even attend to her personal hygiene or to keep herself properly nourished and hydrated or communicate to others her need for assistance in these areas. 10. Because of the severity of her mental impairment, the assistance of other persons or services would not enable the alleged incapacitated person to even participate in the making of any decisions concerning her estate or person. 11. The severity of the alleged incapacitated person's mental condition mandates that a plenary guardian of her estate be appointed to manage and handle all aspects of the alleged incapacitated person's estate, specifically including, but not limited to: all issues relating to her cash, checks, and any bank or savings accounts held in her name, her personal property, her real estate, including financing transactions concerning the real estate, any insurance of any kind, of which she is a beneficiary, any governmental and non-governmental benefit plans to which she is entitled, federal, state and local taxes, any claims made or to be made on behalf of her or against her, and the execution of documents, entry into contracts and payment of reasonable compensation or costs to provide services for her. 12. The severity of the alleged incapacitated person's mental condition mandates that a plenary guardian of his person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: her living arrangements, her medical and psychiatric care, the administration of medication to her, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for her physical and mental care. 13. Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or advance health care directives or in any other way designated anyone to serve as her agent over any of her personal or financial affairs or as her surrogate over her medical care, or that she designated in writing her wishes with regard to health care, including the use or refusal of life-sustaining treatment. 14. The proposed plenary guardian of the person and estate of the alleged incapacitated person is James L. Mackling, husband of the alleged incapacitated person, who resides as stated in paragraph 1 above, whose consent to serve as plenary guardian of the person is attached hereto. 15. The occupation of the proposed guardian is that of retired engineer, who graduated with a high school degree. 18. The proposed guardians have no interest adverse to the alleged incapacitated person. It is the intent of Petitioner, if he is appointed guardian, to sell the two motor vehicles owned by the alleged incapacitated person since she is no longer able to operate them and to refinance the mortgage on their residence to make additional equity available for living expenses. 19. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 20. No other guardian has. been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, petitioner respectfully requests that this court award a citation directed to Garnet J. Mackling, the alleged incapacitated person, with notice thereof to be given to the alleged incapacitated person in conformity with 20 Pa. Cons. Stat. § 5511, and to her next of kin, to show cause why she should not be adjudged a totally incapacitated person, and James L. Mackling appointed plenary guardian of her person, and estate. Respectfully submitted, Frey & Tiley, Attorneys for Petitioner By: Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. Ce S. A. § 4904 relating to unsworn falsification to authorities. ,.~ ,~ Dated: March, , 2010 ;~~ ~ , _._~` r~iLr~ ~~ ~; -games L. Mackling ~; '~ In Re: Garnet J. Mackling, an Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION NO. 10- I, James L. Mackling, hereby consent to act as the Guardian of the Estate and Person of Garnet J. Mackling. I reside at 1345 Goodyear Road, Gardners, and am retired. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to Garnet J. Mackling, the alleged incapacitated person. s' , ~,, ;~.., t f ?~I ~ ~ ~ ,c_--~--k-o ,~ dames L. Mackling ~~