HomeMy WebLinkAbout05-17-10IN ~~ IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
PHII,IP W. MESSINGER, :ORPHANS' COURT DNISION
An alleged incapacitated person
. NO. o~~- ~Q~U - QSI ~o
PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY
GUARDIANS OF THE PERSON AND ESTATE
PURSUANT TO 20 P S &5511
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AND NOW COMES THE PETITIONER, Cumberland County Aging i ,_~ ~ ;_
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Community Services, in and for Cumberland County, Pennsylvania, by its soli' ~
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Anthony L. DeLuca, Esquire, who represents and avers as follows: ~~~' _ .~ -' ~;
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The Petitioner is Cumberland County Aging & Community Services, in and for -
Cumberland County, Pennsylvania, with its office located at 1100 Claremont Road,
Cazlisle, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is Philip W. Messinger, age 64, who currently
resides at Shippensburg Health Caze Center, 121 Walnut Bottom Road, Shippensburg,
Cumberland County, Pennsylvania.
3.
Prior to his admission to Shippensburg Health Caze Center in Shippensburg on
March 15, 2010, Mr. Messinger resided at 11 Valley Run Circle, Hanover, York County,
Pennsylvania.
4.
The only known relative of the alleged incapacitated person is:
a. Elsie Klinedinist -Aunt
209 E. Walnut Street
Hanover, PA 17331
5.
The Petitioner is not related to Philip W. Messinger.
6.
The Petitioner's interest is that of a welfaze agency concerned with his welfaze
and is familiar with his case.
7.
Philip W. Messinger, has, for at least the last three (3) months, been incapable of
managing and caring for himself and his financial affairs.
8.
Philip W. Messinger exhibits symptoms of mental incapacity, including but not
limited to mild mental retazdation and dementia with behavior issues.
9.
Philip W. Messinger's mental incapacity prevents him from managing. and caring
for the affairs of his person and estate.
10.
On or about Mazch 12, 2010, the Petitioner received a request to pursue
Guardianship of Philip W. Messinger from York County Mental Health Mental
Retazdation.
11.
On or about March 15, 2010, the Petitioner's authorized representative contacted
Hanover Hospital to discuss concerns relating to Philip W. Messinger and their records
reflect concerns about his ability to manage independently, his risk for self-neglect, and
his vulnerability to falls.
12.
On or about March 17, 2010, the Petitioner's authorized representative visited
Philip W. Messinger and he exhibited some confusion.
13.
A review of additional records by Petitioner's authorized representative reflects
that Mr. Messinger has been diagnosed with mild mental retazdation.
14.
The Petitioner believes, and therefore, avers that Philip W. Messinger's income is
$940.00 from Social Security.
15.
Petitioner requests that it be appointed Permanent Plenary Guazdian of the Person
and Estate of Philip W. Messinger.
16.
The proposed Guardian has no interest which is adverse to the interest of Philip
W. Messinger.
17.
Petitioner believes, and, therefore avers that Philip W. Messinger does not already
have a Guazdian.
18.
Petitioner asserts that Philip W. Messinger is incapacitated as defined in Chapter
55 of the Probate Estates and Fiduciaries Code.
19.
Because of his impaired mental and physical condition, Philip W. Messinger lacks
the capacity to provide for his own personal caze and maintenance.
20.
Because of his impaired mental and physical condition, Philip W. Messinger is
unable to manage his financial affairs, property and business to make and communicate
responsible decisions relating thereto.
21.
A power of attorney would be a less restrictive alternative than Guardianship but
Philip W. Messinger currently does not have anattorney-in-fact and lacks the capacity, at
present to appoint one.
22;
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
23.
No other Court has ever assumed jurisdiction in any proceeding to determine the
capacity of Philip W. Messinger.
24.
Medical Assistance regulations as set forth in Nursing Care Handbook
instructions allow for the payment of Guardian fees as a deduction when determining
contribution toward cost of care.
25.
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 Philip W. Messinger; and
2. Cumberland County Aging & Community Services be authorized to
obtain payment of a Guardian fee subject to a maximum of 10% of Philip W. Messinger's
gross monthly income or $100.00 per month, whichever is less.
Dated G~ ,?~ D
Respectfully Submitted,
thony L. D ica, 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 Guazdians of the Person and Estate pursuant to 20
P.S. §5511 of Philip W. Messinger 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: ~
Priscilla Whitman