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HomeMy WebLinkAbout03-05-10IN RE: I1V THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYBIL ARMS, ORPi~4ir1~' COURT DIVISION An alleged incap~acilate;d peracin .1~. ~ ~ - i o -d as t~ ~ ~~ PETITION FOR THE APPOINTMENT OF PERMANENT PLENAR n -~ ~'. GUARDIANS OF THE PERSON AND ESTATE ,.._ , :, PURSUANT TO 20 P.S. §5511 ''-~,' ~ '_,, ; F ~j '~`` AND NOW COMES THE PETITIONER, the Cumberland County Aging~c4~; :~: '; ~ s'`' ?= ~ v N 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 1100 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Sybil Arms, age 73, who currently resides at Golden Living Center West Shore located at 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania since December 8, 2009. 3. The known relatives of the alleged incapacitated person are: a. De Ann Newton -Sister b. Milledge Newton -Nephew c. Jennifer Newton -Niece 10. Sybil Arms mental incapacity prevents her from managing and caring for the affairs of her person and estate. 11. On or about December 2, 2009, the home of Sybil Arms, situated at 1416 Market Street, Camp Hill, Cumberland County, Pennsylvania was condemned and nothing has been done to resolve the condemnation up to this date. 12. Her three cats were taken by the Humane Officer and her house, containing piles of trash, has been invaded by rodents. 13. Neighbors are complaining about odors emanating from her house, which house is part of a row of homes. 14. Petitioner alleges and, therefore, avers that the location of her mail is uncertain and bills are not being paid. 15. Efforts have been made to contact relatives of Sybil Arms regarding the clean up of her home, code violations were also emailed to her niece and there has been no response. 16. On February 1, 2010, Sybil Arms was evaluated by Christopher Royer, Psy.D. at Golden Living and he concluded that she is not able to make decisions in her own best interest and requires ongoing twenty-four (24) hour care and a reliable third party to make medical and financial decisions for her. A copy of said Evaluation is attached hereto, marked as Exhibit "C" and incorporated herein by reference. 17. Petitioner requests that it be appointed Permanent Plenary Guardian of the Person and Estate of Sybil Arms. 18. The Petitioner believes, and therefore, avers that Sybil Arms has income from Social Security and a Pension, the amounts of which are currently unknown. 19. The proposed Guardian has no interest which is adverse to the interest of Sybil Arms. 20. Petitioner believes, and, therefore avers that Sybil Arms does not already have a Guardian. 21. Petitioner asserts that Sybil Arms is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 22. Because of her impaired mental and physical condition, Sybil Arms lacks the capacity to provide for her own personal care and maintenance. 23. Because of her impaired mental and physical condition, Sybil Arms is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 24. A power of attorney would be a less restrictive alternative than Guardianship but Sybil Arms currently does not have anattorney-in-fact and she lacks the capacity, at present, to appoint one. 25. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 26. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Sybil Arms except for the Petition for Involuntary Intervention by Emergency Court Order referred to hereinabove. 27. Petitioner believes and, therefore avers that the failure to appoint a Permanent Plenary Guardian of the Person and Estate of Sybil Arms will result in irreparable harm to her person and estate. 28. Petitioner believes and, therefore, avers that Sybil Arms has a potential asset, her home, which might enable her to pay for services rendered by the Guardians of her Person and Estate. 29. If appointed as Permanent Plenary Guardian of the Person and Estate of Sybil Arms, Petitioner would seek payment for its services pursuant to the Guardianship Fee Schedule which is attached hereto, marked as Exhibit "D", and incorporated herein by reference. 30. At such time that Sybil Arms no longer has sufficient assets to pay for Guardianship services, then, and in such event, Petitioner would seek payment under the Medical Assistance Regulations. 31. Medical Assistance regulations as set forth in Nursing Care Handbook instructions allow for the payment of Guardian fees as a deduction when determining contribution towards cost of care. 32. 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: 1. The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardians of the Person and Estate of Sybil Arms; 2. Cumberland County Aging & Community Services is authorized to obtain payment for its services pursuant to the attached Fee Schedule; and 3. Cumberland County Aging & Community Services is authorized to obtain payment of a Guardian fee subject to a maximum of 10% of Sybil Arms's gross monthly income or $100.00 per month, whichever is less, at such time, that Sybil Arms no longer has sufficient assets to pay for Guardianship services and would qualify for Medical Assistance Respectfully Submitted, :~ C Dated~c--~.'~--:~'" ~ -~arc- ;..~ _...,~ ~~ .~~~'ct_~ t~r_',r~~4 thony L. eLuca, Esquire ~~`' 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 ID No. 18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Permanent Plenary Guardians of the Person and Estate pursuant to 20 P.S. §5511 of Sybil Arms 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: )y~i~~ '`~~ v1C%!(~ '_~ ~~U~ ~~a. ~f `~-'r~"~..._ Priscilla Whitman DEC 0 3 2009 ~ CUMBERLAND COUNTY AGING & COMMUNITY SERVICES, Petitioner vs. SYBIL ARMS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04 , 8 3 3 q ~;~~ ~ CIVIL ACTION -LAW ~~, ,.~, -- "=; ` ~~~ OLDER ADULTS PROTECTIVE ~ ~ '--'' SERVICES ACT c° i PETITION FOR INVOLUNTARY INTERVENTION ~~ BY EMERGENCY COURT ORDER - :; AND NOW, the Petitioner, Cumberland County Aging & Community Ser-vices, ~., by its Solicitor, Anthony L. DeLuca, Esquire, pursuant to the provisions of the Older Adults Protective Services Act, 35 P.S. Sec. 10225.101 et se___~c .., respectfully represents as follows: The Petitioner, Cumberland County Aging & Community Services, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania, is the local provider of protective services for older adults in Cumberland County. 2. The Respondent, Sybil Arms, an older adult, age 72, who currently resides at 1416 Market Street, Camp Hill, Cumberland County, Pennsylvania. 3. The only known relative of the Respondent is DeAnn Newton, a sister, who resides in Macon, Georgia. 4. On or about December 1, 2009, Petitioner received a report of need concerning the Respondent, which concern related to popr living conditions and self neglect in that she was not eating and only drinking fluids. --~ .:.~ --, -~:,-: _~'i EXHIBIT "A" 5. Petitioner's authorized representative has determined that respondent's appearance is very poor, is not bathing or changing her clothes, and has very bad odor. 6. During the past six (6) days, respondent has had the following nourishment: a. One-half of a deviled egg and a pint of white rice; b. Can of soda; c. Quart of water, in a bottle of orange juice 7. Petitioner's authorized representative, Camp Hill Borough Manager and Assistant Borough Manager, on December 1, 2009, visited Respondent's residence and it was determined that the home should be condemned. 8. Further observations by Petitioner's authorized representative reflects the following: a. She is unable to get off her couch; b. She appears to urinate and defecate in her clothing; c. She has a splint on her right arm; d. She is very thin; e. She is unable to stand; f. She has not been medically evaluated for a number of years; g. She is very agitated and does not understand the consequences of not seeking medical attention; h. She has no food or water available for her cats and the litter box was overflowing; i. There are fleas in the home and newspapers and mail dating back to 2001; j. She is not paying her bills; and k. There was a cat in the freezer. 9. On this date, December 2, 2009, the Lower Allen EMS arrived to take Respondent to a hospital for evaluation but she refused to go and stated that she was not living her home. 10, Petitioner believes and, therefore avers, that Respondent is unable to care for herself and is at imminent risk of death or serious bodily harm if there is no emergency intervention. 11. Petitioner is seeking an Order from this Court for the following Protective Services: 1. To remove Sybil Arms from her residence and transport her to a hospital for medical and psychological evaluations and admission to a hospital or other appropriate facility. 12. The proposed protective service would remedy the current situation and remove the risk of death or serious physical harm to Sybil Arms. 13. The proposed protective service is not over broad in extent or duration because Sybil Arms is unable to care for herself due to her medical condition which places her at risk. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Emergency Order pursuant to the Older Adults Protective Services Act providing relief, including but not limited to directing the Respondent, Sybil Arms, to be removed from her residence and transported to a hospital for evaluation and treatment of her medical conditions and that the Court schedule a hearing to be held not more than 72 hours from the signing of this Order. Respectfully submitted DATED: _f.~',r..,4 ~..~. ;='~~ ~; ,.' ~~~ ~ `;.. a,~~'` ~s a~ ~'''~.,. Anthony L. I}~Luca ,.~ P.O. Box 358 113 Front Street Boiling Springs, PA 17007 Attorney for Petitioner CUMBERLAND COUNTY AGING & COMMUNITY SERVICES, Petitioner VS. SYBIL ARMS, Respondent IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8339 - CML CNIL ACTION -LAW OLDER ADULTS PROTECTNE SERVICES ACT ORDER OF COURT AND NOW, this ~(,~ day of December, 2009, after Hearing, the Court finds by clear and convincing evidence that the Respondent, Sybil Arms, was at imminent risk of death or serious physical harm on December 2, 2009 unless involuntary intervention took place resulting in her being hospitalized and, after Hearing, the Court finds finds by clear and convincing evidence that such risk of death or serious physical harm would continue because her home has been condemned and she has no place to go when released from the hospital. Accordingly, it is hereby ORDERED AND DIRECTED that Cumberland County Aging & Community Services shall continue to provide involuntary intervention services in this ease and Sybil Arms shall be required to submit to a full and complete psychological evaluation while at Holy Spirit Hospital. Upon release from Holy Spirit Hospital, Cumberland County Aging & Community Services shall be authorized to transport and admit her to a facility determined to be appropriate and safe for her and is also authorized to obtain any and all financial records from any bank, brokerage or other financial institution for the purpose of assisting her with respect to hea caro~iatters ~' and.or financial matters. ~ '` ,~ ~~ ~ By T~e Court, % ~ . , j~ . !~ ~, ~~~. Edgar B. Bayley, 1~ P•J• ~, EXHIBIT "B" 03/01/2010 11:59 7172406118 02j22/2010 10:12 717-751 6173 firms, S page 1 CHRis~l'4PiKeR ROYER, PSY~. Dartt~i~ ,~/l. 5~'i~vc~..Ps}r_L~., Y...,Fi~ CO~:F'~ J~r~Ti'~L: ~+a~ ~ .roFeecio~eai~ T l~sc'C~~i~• CUMB CO AGING CM SVC PAGE 03!05 X3566 P. 002/004 ~E.~~t1CA% I~£URQPSYCHQLQGY GLrtN1CA,L PsXCNC>LOC3Y Cou1~SEL~f~IG T?te confidentiality o£the infofrnation contained ~ tlus doc~cnt is protected by ~e State Senate. Disclasv.Fe of this in£o~latian without the proper written coosent of the pati.erit, the patient's autboriud legal represerttati~:e, o~• the patient's legal. guardian is prohibited. ~yCHOLOG7CAL CONSULTA'T~OiV Client: Sibyl Azms Age: 72 Birth. Aaxe: 3/6/37 P:ducation_ I2 Bs~p]oym~t: ltc~tired 1]atc of Evaluaxao~: 2/I/I0 Referral: CCOA procedure Code: 90801 g,,AG pU IN~NLATION General Ms..A,r~ons was evaluated in her cutretxt residential setting at Goldctz Living ~ Camp ~iiil, Pt1. She is a ~~-year old fetaale wb,v was admitted to Haiy Spirit Hospital on l 2/2!09 after being fluid in her home with gross evidence of self~are de~cirs, She was apparently evicted from her I,~ome due to kt's condition. The initial assessment at HSH iredicat+ed dehydration aid hypoziatrEmia and he~noeoncez~tration. 'ate rule out was behavioral disorder versus dcme~.tia, aad tk~e physician felt that she was no't compeZemx. At Gold,ea l.,iving„ her current psychotropic medications include Valproic Acid,, T•,exipro and Ativan, CCOA reports that in. the contmvanity, she was belligercnk and 1~'ke3,y psychotic prior to her admission. to NSH. Currez~y, Ms. ,Rams reports that she is~"doing well." She is snot sure wbca sloe came tU Golden Living, although she tlmtaks that is may have been in Jan~y. Shc is able w state that she is at Crotdea Living because ``toy boost wa~sa't in good shape." She reports "I like it here and I would tike to stay." (.'ogrridive She reports rio cognitive diffauities. She denies problems txritb, rnrrsnory, at~irtion, comprehension and word fxndiag. EXHIBIT "C" 3314 i+Aa-Rtt~ 5~t~~r • Svc 2!?Q • CatirP Hat-, PA.170~ PONE 7TP-757-6'171; SAX 'TA7 76'I-6173 03!01/2010 11:59 7172406118 02/,22/2010 lU ; 12 71 T-76 i 6173 ,4r1MS, S pQga Z Psychrialric/Psychalagtcal CUMB CO AGING CM SVC She demos any psychiatric history. She reports that k~er mood is good. ~lledicczl PAGE 04/05 #3566 P.0o3/004 1~1ere i_q mot much infc~,ation hers. She states that she does not xen7eTnbez any medical problems. Hes medication list indicates ~n.ly the ag~ts listod alx~v°. as u~cl1 as Symthroi3 and ~1SA S 1 _ She states Lhat het' sleep a~-~d ap~t.it,r,. a°e both gno~#. Jr2{~1StCI~iICG LISP. Sl~c denies any substance use problems. Sociaz 51xc was livirta on her ow11. ShE 5tates.filaat She la$5 family in Georgia (sister. and niece~_ She states Rhktt she did ~ib.ce work in the ,iizsurance industry fc~r many years. RESLZTS Gerrerai Ms..~rms was quite ple~asamt and cooperative with the e~v~ai nation and eoz~sentod to the procedure. She suxbulated iudepe~adently to her room far tl~,e assessment and she repo~'ted no sagr~tcant sensory or motor abnormalities. Slae was fully alert and az~ot3sed throughout the cvatuatioa. Expressive spEecl~, was fluent and tangential Slte laughed inappxopriately tbro~hout the s,4ment. Thou~t processes vvcze tangenxial and associations followed shit. No perceptual di~stvxbaaces or ot}aer gross psycbopattwiogy weze reported of observed. Reports suggest Possible dclusaomal tho~.ght content prior to !ter rcxeut admission to HSH, Overall, her judgment appeared to be impaired. Cognilive F.valucuivv, She was fully oriented, although she responded slowly and made self-corrections. She was able to state the day of week, day of month, month and year. She was oriented to location but not facility Warne. Shc waG oriented to remote persoizal infomoatian. She was able to name the cunt President. Orn a test ofrecent reca.}l, her ability to learn and recall a list of four words ovEr a brief delay was unpaired. Un t3zis task, she was able to recall as~e word usit~ $ feee recall strategy, tovo `'v°~ wag a seraania° °uo az~d one vYOrd using a x'ecognition cue. Simple auditory aiterition was adequate for the izltcrview and for brief tasks. Shc ,made two ez-rors oa a test of mental arithmatia Expressive speech wss fluent and tan$eati&1. She was able to aomPrehe3nd and t'ollow test instzuctaons. Reasozung by analogy was withiEn normal limier. On a test of social reasoning, her score was iumpaired. She bad a difficult tame assessing ar~d reacting to hypotlaetioal dilemmas. S$e was able to state that she would cal 911 in case o£an emergency. Overall, I~er fund of inl"ormatiort was considered to be reduced, given her age, educataori acid bac~'ound. 3314 NIA,R~' ;zrRSS~' • Svrrs 200 • C.~~ Hn.t.. P,A, T107i PHOr~ 7'E7~761-6'1'77 • Fax 7Ti'~767~61T3 03/01/2010 11:59 7172406118 0222/2010 10;12 717-761 6173 arms, S p~s~e 3 Af,~ect/Mood CUMB CO AGING CM SVC PAGE 05105 X3568 P.DO4/004 erect wss in~ated. She laughed constantly tlxroughout the itYtervinw, She reported no psychological distaess. A. ~wureness of Defrcit She ddnonstrated a limited. awareness of hEr situation; hex need for treai~ent in Decembor of 2009, and layer z~edical status. S1~e dentansiratecl a very limited a'~fareness of. lter co~itave problems, and no a~varencss ~f. psychiar: is ~ifFic~~tties pri~~t to l.~er admission in L'~acer~~:r of ?00~. lf''i~1rSS1~N"~ Zt sppears that Ms..A,rnas has doxze v~y well in, a, structured residential e~vi~onment. She is geeri3ag hes regular medications, nutrition and physical activity needs met. Prior to this in Uecen~tber of 2009, it appears that she was in a very decompensatEd psychiatric state. Given the test results, she is considered to have a strong psychiatric compot~nt contributing to heir overati ftmctioa, with less impairment dixectiy relstcd to a dementia. Clearly, when she is descompe~osated, she will presetlt with more of dementia profile, lit tlzc curr~t time, is not considered to be able to make decisions in. his/her own best interests as defined by Pennsylvania State Statute. She t~quires ongoing 24 b~.our caare, and a reliable third party to make tuedieal an,d financial decisions for her: 'I'har~k you for this referral, Christflp Er Psy.D. Clinical Nevnop chologist Licensed psychologist ~~74 MwFt~v~r S"r~t~~r ~ SurrB 200 • Ca>wtt' Htu. PE4170111 ~oxas ~717~7Ey7~6'~71 • Fax TTT~76t~-6TT3 AGING & COMMUNITY SERVICES 16 WEST HIGH STREET, SUITE 100 CARLISLE, PA 17013 (717) 240-6110 OR 1-888-697-0371 ExT 6110 FAx: (717) 240-6118 The below listed Fee Schedules are applicable to individuals who have assets and/or income that excludes them from the Pennsylvania Department of Aging Medicaid Waiver Program. GUARDIANSHIP FEE SCHEDULE One Time Initial Start up Guardianship Fee - $350.00 Cumberland County Aging and Community Services shall charge a one time, initial start up, Guardianship Fee of $350.00 when it is appointed guardian of the person of an alleged incapacitated person or guardian of the person and estate of an alleged incapacitated person. Thereafter, Cumberland County Aging and Community Services shall charge a monthly Guardianship Fee as Guardian of the Person or as Guardian of the Person and Estate at the rate of $150 per month. Monthly Guardianship Fee for Guardian of Person & Estate Rate - $150.00 • The $150 per month includes managing of finances; attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts, annual reports, shopping for clothes and personal items, EMAIL US AT aging@ccpa.net OR VISIT OUR WEBSITE AT www.ccpa.net/aging EXHIBIT "D" routine medical and dental appointments, application for benefits such as but not limited to veterans benefits, funeral arrangements. Monthly Guardianship Fee for Guardian of Person - $100.00 • This includes attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts; annual reports; shopping for clothes and personal items; routine medical and dental appointments. In the event that Cumberland County Aging and Community Services, as a Guardian, is required to provide any services outside the scope of routine Guardianship care, including but not limited to travel to/from non-routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property or any special circumstances not listed above, then, and in such event, Cumberland County Aging and Community Services shall be entitled to charge $50 per hour for said services. In Excess rate - $50/hour • This includes anything beyond the scope of routine guardianship care; such as but not limited to travel to/from non-routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property or any special circumstances not listed above. POWER OF ATTORNEY FEE SCHEDULE One Time Initial Start up POA Appointment Fee - $150.00 Cumberland County Aging and Community Services shall charge a one time, initial start up, Power of Attorney Fee of $150.00 when it is appointed Power of Attorney of the person of an alleged incapacitated person or Power of Attorney of the person and estate of an alleged incapacitated person. Thereafter, Cumberland County Aging and Community Services shall charge a monthly Power of Attorney Fee as Power of Attorney of the Person or as Power of Attorney of the Person and Estate at the rate of $75 per month. Monthly POA Fee - $75.00 • This includes managing of finances; attendance at quarterly care plan meetings; monthly visits; review of medical care and medical charts, shopping for clothes and personal items, routine medical and dental appointments, application for benefits such as but not limited to veterans benefits, funeral arrangements. In the event that Cumberland County Aging and Community Services, as a Power of Attorney, is required to provide any services outside the scope of routine Power of Attorney care, including but not limited to travel to/from non- routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property or any special circumstances not listed above, then, and in such event, Cumberland County Aging and Community Services shall be entitled to charge $50 per hour for said services. In Excess rate - $50/hour • This includes anything beyond the scope of routine Power of Attorney care; such as but not limited to travel to/from non-routine medical appointments, travel to visit with family that are not able to visit in the facility; locating and/or moving to a new facility, overseeing the disposition of personal property, or any special circumstances not listed above.