HomeMy WebLinkAbout03-19-10~ ~; IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM J. HILL, :ORPHANS' COURT DIVISION
An alleged incapacitated person
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PETITION FOR THE APPOINTMENT OF PERMANENT PLEN - Q - ., ~ , ,
GUARDIANS OF THE PERSON AND ESTATE r~ ~ ~ ~ { ~-' '
PURSUANT I'O 20 P.S. &5511 ` "~~ ~ ~' '~-~
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AND NOW COMES THE PETITIONER, Cumberland County Aging~~%=-~ ~ ;~~ -_ - ~?
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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 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 William J. H111, age 65, who currently resides
at Manor Care Health Services, 940 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania.
3.
Prior to his admission to Manor C-are Health Services on March 1.2, 2010, Mr.
Hill resided at 1634 Williams Grove Road, Mechanicsburg, Cumberland County,
Pennsylvania.
4.
There are no known relatives of the alleged incapacitated person.
5.
The Petitioner is not related to William J. Hill.
6.
The Petitioner's interest is that of a welfare agency concerned with his welfare
and is familiar with his case.
William J. Hill has, for at least the last three (3) months, been incapable of
managing and caring for himself and his financial affairs.
8.
William J. Hill exhibits symptoms of mental incapacity, including but not limited
to early dementia, and suffers from mild mental retardation which imposes limitations on
his ability to function.
9.
William J. Hill's mental incapacity prevents him from managing and caring for
the affairs of his person and estate.
10.
On or about March 8, 2010, Petitioner received a report of need for Protective
Services for William J. Hill and, upon visitation to his residence, he appeared to be
forgetful in a number of areas of discussion.
11.
On or about March 8, 2010, a protective services employee of the Petitioner
contacted Dr. V. E. Abraham for the purpose of expressing concerns the Agency had for
the welfare of William J. Hill.
12.
Dr. Abraham advised Petitioner's protective services employee that she was
concerned about Mr. Hill's ability to manage his affairs independently, that he was at risk
ofself-neglect, and that he was vulnerable to being injured from falling.
13.
On the same date, March 8, 2010, Petitioner's protective services employee saw
Mr. Hill and, during the course of the visit, he requested that he wanted to return to
Manor Care in Carlisle.
14.
William J. Hill was admitted to ManorCare Health Services in Carlisle,
Cumberland County, Pennsylvania on March 12, 2010 and has remained there since his
admission.
15.
Investigation by Petitioner has determined that William J. Hill had been
discharged from ManorCare on February 23, 2010 at the request of his representative
payee for his social security benefits and, within nine (9) days, he was seen at the
emergency room of Holy Spirit Hospital diagnosed with pneumonia, severe malnutrition,
sepsis, urinary tract infection, acute renal failure, deconditioning, hypertension, chronic
anemia and dementia.
16.
Petitioner requests that it be appointed Permanent Plenary Guardian of the Person
and Estate of William J. Hill.
17.
The Petitioner believes, and therefore, avers that William J. Hill has income from
Social Security of approximately $557.00 a month.
18.
The proposed Guardian has no interest which is adverse to the interest of William
J. Hill.
19.
Petitioner believes, and, therefore avers that William J. Hill does not already have
a Guardian.
20.
Petitioner asserts that William J. Hill is incapacitated as defined in Chapter 55 of
the Probate Estates and Fiduciaries Code.
21.
Because of his impaired mental and physical condition, William J. Hill lacks the
capacity to provide for his own personal care and maintenance.
22.
Because of his impaired mental and physical condition, William J. Hill is unable
to manage his financial affairs, property and business and to make and communicate
responsible decisions relating thereto.
23.
A power of attorney would be a less restrictive alternative than Guardianship but
William J. Hill currently does not have anattorney-in-fact and he lacks the capacity, at
present, to appoint one.
24,
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
25.
No other Court has ever assumed jurisdiction in any proceeding to determine the
capacity of William J. Hill.
26.
Petitioner believes and, therefore avers that the failure to appoint a Permanent
Plenary Guardian of the Person and Estate of William J. Hill will result in irreparable
harm to his person and estate.
27.
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.
28.
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 William J. Hill; and
2. Cumberland County Aging & Community Services be authorized to
obtain payment of a Guardian fee subject to a maximum of 10% of William J. Hill's
gross monthly income or $100.00 per month, whichever is less.
Dated ~ ~ ~ ~°
Respectfully Submitted,
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Anthony L. uca, squire
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 25 8-6844
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 William J. Hill 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.
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Date
aren Sheriff