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HomeMy WebLinkAbout03-04-10Steven P. Miner, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Rd., Suite 101 Wormleysburg, PA 17043 (717)724-9821 sminer@dzmmglaw.com IN RE: GUARDIANSHIP OF IN THE COURT OF COMMON PLEAS OF SUSAN J. MYERS, :CUMBERLAND COUNTY, PENNSYLVANIA AN ALLEGED INCAPACITATED :ORPHANS' COURT DIVISION -; PERSON ~ • ~ ~ -r~ ~ ,; -T e ~ ~ _~.~ r ~ ~ ' a _ %=~ .c- r= .' f!l .~ - l.~ PETITION FOR GUARDIANSHIP ~ ` ~ -'~~ °~ s ~ ~ r` d ; ._ --i TO THE HONORABLE ORPHAN'S COURT JUDGE: ~ c.n `'' co AND NOW, comes Petitioner, Patricia A. M. Havens, by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, pursuant to 20 Pa. C.S. §5511 to seek appointment as Guardian of the person and estate of Susan J. Myers and in support thereof avers as follows: 1. Susan J. Myers is a 57 year old single woman, born November 15, 1952, who currently resides at 1004 Havenwood Court, Mechanicsburg, Pennsylvania 17050. 2. Ms. Myers has no spouse or children. Her closest living relatives are her sister, Petitioner Patricia A.M. Havens, and her brother, George R. Myers. 3. Ms. Myers was evaluated by John M. Hume, M.D., J.D., a forensic psychologist, on February 12, 2010. Dr. Hume's practice is located at 875 Valley Street, Marysville, Pennsylvania 17053- 9792. Dr. Hume has opined that Susan J. Myers is unable to manage her personal medical and financial affairs. See the Opinion attached as Exhibit "A", completed and verified by Dr. Hume, which is incorporated by reference herein. 4. Petitioner, Patricia A. M. Havens, is Susan, J. Myers' sister and has served as her Power of Attorney since 1992. Petitioner has expressed serious concern for Ms. Myers's physical and mental well being due to significant detrimental changes in Ms. Myers's health and ability to handle her finances and maintain her residence. 5. Susan J. Myers, an alleged incapacitated person, has suffered from several psychiatric and other health issues since the 1980s, including bi-polar disorder, paranoid schizophrenia and diabetes since 2002. She has not been taking her prescribed medications since early 2009. Additionally, she has lost more than 50% of her teeth in the past year, has a severe complicated hernia and was involved in a car accident in January, 2010. 6. Susan J. Myers, an alleged incapacitated person, was recently held involuntarily, beginning January 23, 2010, at Holy Spirit Hospital's inpatient acute care facility due to a Petition filed by Petitioner, Patricia A. M. Havens, pursuant to Section 302 of the Pennsylvania Mental Health Procedures Act of 1976 (50 P.S. § 7101 et. seq.) and a subsequent 303 Hearing. Ms. Myers was then committed to Holy Spirit Hospital's extended acute treatment unit under Section 304 after a Hearing before the mental health review officer, Roger Morgenthau, Esquire, on February 8, 2010. 7. Petitioner, Patricia A. M. Havens, wishes to be appointed Guardian of the person and estate of Ms. Myers because she is very concerned that Ms. Myers inability to care for herself and her finances could continue to result in serious health consequences and loss of her assets. 8. Petitioner, Patricia A. M. Havens, has no known interest adverse to her sister, Susan J. Myers. 9. Guardianship is being sought because Ms. Myers is incapacitated and is no longer able to care for herself. Ms. Myers is without the support necessary to ensure her safety and well being but for Petitioner's Guardianship. 10. There are currently no less restrictive alternatives to this action for Guardianship over Susan J. Myers. 11. Petitioner, Patricia A. M. Havens, is asking that she be appointed Guardian for Susan J. Myers so that she may make medical and placement decisions to ensure Ms. Myers's overall health and well being, as well as look after her other basic needs, as Ms. Myers is not able to do so for herself. See attached as Exhibit "B", Petitioner, Patricia A. M. Haven's "Consent to Act as Guardian," which is incorporated by reference herein. 12. Susan J. Myers' parents, George M. Myers and Jane C. Myers, both deceased, established Testamentary Trusts which left sufficient assets for Susan's care. She currently receives interest and discretionary principle from these Trusts. The George C. Myers Trust has approximately $10,000.00 left and is expected to be terminated in two (2) years. The Jane C. Myers Trust appointed Petitioner, Patricia A. M. Havens as Trustee. Said Trust pays for Susan J. Myers' residence. She also receives monthly income from Social Security Disability. See attached as Exhibit "C," an "Inventory and Appraisement of Guardian," which is incorporated by reference herein. WHEREFORE, pursuant to Section 5511 and related provisions of the Probate Estate and Fiduciaries Code, Petitioner respectfully requests that this Honorable Court issue a preliminary decree in substantially the form accompanying this petition, directing that all parties in interest show cause why Patricia A. M. Havens should not be appointed Guardian of Susan J. Myers. Petitioner requests such other relief as the Court may deem necessary or appropriate. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC ~~ Date: Z / U By: Steve finer, Esquire Attorney I.D. No. 38901 1035 Mumma Road, Suite 101 Wormleysburg, Pennsylvania 17043 Telephone: (717) 724-9821 sminer@dzmmglaw.com Attorney for Petitioner, Patricia A.M. Havens VERIFICATION I, Patricia A.M. Havens, Petitioner, verify that the statements made in this Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~~ Date: oZ Z.y- ~U ~ ~~ Patricia A.M. Havens, Petitioner John M. Hume, M.D., J.D. 875 Valley Street Marysville, PA 17053-9792 71'7-957-2401 February 16, 2010 Steven Miner, Esq. 1035 Mumma Road Wormleysburg, PA 17043 RE: Susan Myers Dear Mr. Miner: I saw Susan Myers for psychiatric evaluation on 0?JI2/I0. At issue is her competency to manage her personal medical affairs, as well as concerns about her- finauci~al responsibilities. She was seen at the extended acute care unit of the Behavioral Health Center at Holy Spirit Hospital. I explained initially who I was and that I was there to do an independent evaluation separate from her treatment circumstances.. She was. willing to sign. a release of information allowing me to review her inpatient medical chart. I had spoken earlier with her sister, Patricia Havens, who currently has a power of attorney to help Ms. Myers with her general affairs. She described some of her concerns. about- Ms. Myers, in that she had been noncompliant with medication for the past year and had recently had an automobile accident. For a sustained period of time she was not making. arrangements for adequate medical or dental care. Also descn'bed were issues with the neighbors and a concern that Ms. Myers was smoking two to three cartons of cigarettes a week, which created a financial burden and an obvious health issue, inasmuch as she suffers with diabetes, which has been poorly controlled. She has a number of other medical issues, which include a gigantic ventral hernia which contains 50% of her intestinal tract, a urinary tract infection when she was admitted, increased blood lipids, hypertension, gastroesophageal reflux disease, and a right bundle branch block on electrocardiogram. She had been involuntarily committed to the inpatient acute care facility on 1/23/10 and was committed to the extended acute unit under Section 304 of the Mental Health Procedures Act after a hearing before the mental health review officer, Roger Morgenthau, Esq. on 2/8/10. When Ms. Myers was asked why she thought she was in the hospital she responded, "There was a difference in seeing people the right way. The neighbors were saying I was making obscene calls in a loud voice. My thoughts were more intense.. I was friendly when I moved in there, but not close. There was no reason for them to do anything one way or the other." When asked in regard to medication, she stated that taking medication was a problem. "The taste is not too good, and they didn't have the same effect." When asked what she understood of her current medications, she listed them as Glucophage for diabetes, lisinopril for blood sugars (actually an antihypertensive medication}, Tegretol, but she was not sure of the reason for this, Lipitor, and Risperdal. She indicates currently her only main side effect is dry mouth. When Page 2 RE: Susan Myers asked if she understood why she still remained on the extended acute treatment unit, she remarked, "They haven't discharged me officially. I have just felt very uncomfortable for several years." When asked what she does about anger, she stated that she tries to distance herself or deal with it if it's a reasonable outcome type person. She acknowledges that her sleep is disturbed and she has to get up to go to the bathroom. In regard #o energy she indicates she is subdued and kind of slowed. When asked her thoughts regarding her future, she indicated that she would like to regain the chance of meeting people and indicated in the past that she had done volunteer work. Family-wise she indicates her parents are deceased and that she has a brother and sister with whom she talks on the phone. She was pleased that her sister, Patty, had visited her three times while she has been in the hospital. When asked if she had any concerns regarding her medical welfare, she answered, "Not usually. I have a family practitioner at PinnacleHealth; and I've been seen at Holy Spirit. Janet Kelly (licensed, registered nurse practitioner) prescribes my medicine." When asked when her first psychiatric evaluation had occurred, she responded, "It's hard to say. I was in partial one time. I'm sorry. I've lost track of that sort of thing. This time I was picked up when I was walking on the street." When asked her firture plans regarding medication, she responded, "I work on efficiency in medical arts and healing power. Anything else is an inconvenience and an expense, like being in here." When asked when she had last seen a dentist, she replied, "I'm so distanced from anybody. Who would take me? I had a car, but I don't know what shape it's in. I was backing out of the driveway and backed into another car, but the damage on their car and mine didn't match with the alleged collision, so I don't think I did anything." When asked que~ions regarding the source of any income she might have she said that money seems to evaporate and be scanty. "It comes from a loan and Social Security Disability income. I get $300.00 every two weeks. I do have a checking account, but when the office moved I had reservations about going to a different one. There have been some income gaps when I didn't have any money and I get anxious about that." She did acknowledge that there occasionally had been problems getting bills paid in a timely manner. She did not mention the fact that she smokes two to three cartons of cif a week, which incurs as expenditure between $100.00 and $150.00 every week. She did not mention any funds as coming from a trust fiu~d managed by her sister. When asked to describe the relationship she had with her sister and brother, she indicated they were both a distance apart and described the relationship with her sister as usually pretty pleasant, but "We go our own ways." When asked what changes in life she might like, she gave a somewhat incongruous statement indicating she would like to get into a stable relationship and move to be with her husband, but at the same time she states she cannot be under the same roof with him and "would like to have my children." She did not elaborate on this, and when asked what she might have for three wishes she simply replied, "I wouldn't know." Page 3 RE: Susan Myers On mental status exam Ms. Myers' appearance was significant for a large protrusion in the left lower quadrant primarily of her abdomen, about '/, the size of a basketball. She was dressed in all black clothing. She looks considerably older than her chronological age of S7, with dark rings under her eyes, and when she opened her mouth this revealed one prominent incisor, but most other teeth missing. She was oriented for time, place, and person. Mood and affect were quite restricted and she gave the appearance of being preoccupied with inner thoughts. On questioning, she denied recurrent hallucinations or delusions, but does acknowledge some paranoid concerns related to her living circumstances before admission to the hospital, and concern about an automobile accident. Many responses were vague and nonspecific. Speech was at times difficult to understand and questions sometimes had to be repeated in order to understand the answer. Focus and attention were adequate, as was general fund of information. Suicidal or homicidal ideation was denied. Insight is poor. Judgment is significantly impaired. DIAGNOSTIC IMPRESSION: Axis I Schizoaffective Disorder, chronic. Nicotine addiction, severe. Axis II No diagnosis. Axis III Gigantic ventral hernia Diabetes mellitus, non insulin-dependent. Hyperlipidemia. Hypertension Gastroesophageal Reflux Disease. Cardiac right bundle branch block. Axis IV Degree of stress moderately severe; chronic mental illness, multiple medical problems, limited social interaction. Axis V Current GAF = 40. COIVSMENTS: It is clear with reasonable medical certainty that Susan Myers has not managed her medical or mental health interests adequately, and prior to the current involuntary admission had been noncompliant with recommended medication for the last year. Her sister reports also that she has removed many articles from her townhouse in Mechanicsburg, to the point where it is almost bare. This has been done without explanation. What is more significant is the issue that with the mental disorder experienced by Ms. Myers there is ongoing loss of brain cells when it is untreated, and in the course of a yeaz SS to 6S% of individuals with a thought disorder such as hers are noncompliant with medication. What is even more alarming is the multitude of medical problems which put her at extreme risk for a negative cardiovascular event. She carries all of the Page 4 RE: Susan Myers medical risk factors of greatest significance for a heart attack or stroke, in that she suffers from hypertension, diabetes, hyperlipidemia, and inadequate oral hygiene, which leads to inordinate rises in C-reactive protein causing inflammation of the blood vessels. In addition she smokes cigarettes, which is again a major risk factor, and smoking cigarettes reduces the effectiveness of many medications which she is taking by 25 to 35%. She is, at least during this evaluation, unclear regarding the exact sources or amount of income other than $300.00 every two weeks, and readily acknowledges there have been periods of time when she had no money available for every day necessities. It can be said with reasonable medical certainty that issues of this sort will only become more problematic in the future. Currently her sister has a legal power of attorney to manage Ms. Myers' affairs, but the distance makes managing this effectively quite difficult and puts an extreme burden on Ms. Havens. It is clear with reasonable medical certainty that Susan Myers has not managed her medical and mental health issues effectively, and there are serious concerns about her financial capacity as well. It is recommended that efforts be made to provide a mental health group home or assisted living facility for Ms. Myers in order to insure that she gets medication in compliance with her physician's recommendations, as well as medical care for her multiple issues and problems in that area. Efforts at discontinuing smoking cigarettes should be part of any future treatment plan. Thank you for the opportunity of evaluating this troubled woman. If you have any questions, please do not hesitate to be in touch with me. Very Truly Yours, ~-~~~~ John M. Hume, M.D., J.D. JMH/DS-kts Steven P. Miner, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Rd., Suite 101 Wormleysburg, PA 17043 (717) 724-9821 sminer@dzmmglaw.com 1N RE: GUARDIANSHIP OF IN THE COURT OF COMMON PLEAS OF SUSAN J. MYERS, :CUMBERLAND COUNTY, PENNSYLVANIA AN ALLEGED INCAPACITATED :ORPHANS' COURT DIVISION PERSON NO. CONSENT TO ACT AS GUARDIAN I, Patricia A.M. Havens, consent to act as Guardian of Susan J. Myers, an alleged incapacitated person, and aver as follows: 1. I currently reside at 1235 Crestfield Drive, Williamsport, Lycoming County, Pennsylvania 17701. 2. I am employed by the Pennsylvania Department of Environmental Protection, 208 W. Third Street, Suite 101, Williamsport, Pennsylvania 17701, as an Environmental Group Manager in the Watershed Management Program. 3. I am a citizen of the United States of America and I speak, read and write the English language. 4. I have no interest adverse to Susan J. Myers, an alleged incapacitated person. 5. I am not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate in which Susan J. Myers, an alleged incapacitated person, has an interest. I am not the surety or an officer or employee of a corporate surety of such a fiduciary. Date: 2 ' -~y'j~ ~~ ~~- ~~ Patricia A.M. Havens Steven P. Miner, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Rd., Suite 101 Wormleysburg, PA 17043 (717) 724-9821 sminer@dzmmglaw.com IN RE: GUARDIANSHIP OF IN THE COURT OF COMMON PLEAS OF SUSAN J. MYERS, :CUMBERLAND COUNTY, PENNSYLVANIA AN ALLEGED INCAPACITATED :ORPHANS' COURT DIVISION PERSON NO. INVENTORY AND APPRAISEMENT OF GUARDIAN 1. Susan J. Myers, an alleged incapacitated person, has the following income: A. Monthly check from Social Security Disability in the amount of $961.00. B. Monthly check from the George M. Myers and Jane C. Myers Testamentary Trusts in the amount of $1,200.00 to 1,400.00. * Susan receives $200.00 to $400.00 in interest every month. She also receives approximately $1,000.00 in discretionary principle which can change depending upon her needs and other social programs that are available to her. 2. The total monthly income for Susan J. Myers, alleged incapacitated person, is between $2,000.00 and $2,500.00. 3. Additionally, Ms. Myers has the following assets (all amounts approximate): A. M&T Bank Checking Account $1,000.00 B. PSECU Checking Account $800.00 C. PSECU Social Security Representative Payee Account $2,100.00 D. Various Northwestern Life Insurance Policies $50,000.00 E. 2009 Toyota Corolla (owned jointly with Jane C. Myers Trust) $11,400.00 F. Genworth Financial Long Term Care Policy $200.00 (per day) 5. The approximate value of Susan J. Myers' Estate is $65,300.00. ..~f~L ' Date: ~ ~ ~' ~U :' Patricia A.M. Havens