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Home My WebLink About06-08-10~. '~ ' 't rk~l ( ~,. ~..1~" I;;~ ~,",- 4,411 ~ n .,.:; Mark W. Allshouse, Esq. 'The Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 2010 JUN -8 PM ~; 06 CRPt~ g CUMB~R~A,~C t'A Matter of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOAN M. WORTHINGTON Alleged incapacitated person ORPHANS COURT DIVISION - ~/ , /O ~ ~ ~ / GUARDIANSHIP PETITION OF ROYCE WORTHINGTON FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO Pa. C.5.A. &5513 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner is Royce Worthington, husband of Joan M. Worthington (the alleged incapacitated person). 2. The alleged incapacitated person was born on Apri128, 1933, is 77 years of age, married, and residing at 729 Meadow Drive, Camp Hill, PA 17011, with petitioner. 3. The following persons are, to the best of Petitioner's knowledge, information and belief, the only living next of kin and intestate beneficiaries of the alleged incapacitated person: Royce Worthington, Husband 729 Meadow Drive Camp Hill, PA 17011 Margaret Lumpkin, Daughter 1111 Coe Drive San Antonio, TX 78251 ,~, Michael R. Worthington, Son 104 West Main Street Blain, PA 17066 Matthew R. Worthington, Son 4932 Hamilton Drive Harrisburg, PA 17109 Victoria Lumpkin, Granddaughter 3335 Knoll Lane #263 Colorado Springs, CO 80917 David Lumpkin, Grandson Angelo Station 9145 San Angelo, TX 78251 4. Petitioner estimates the alleged incapacitated person's annual income to be $8,652 consisting of Social Security Benefit Payments. 5. To the extent known by Petitioner, it is believed all assets of Joan M. Worthington are marital assets jointly owned with Petitioner and that other than clothing and personal items worth less than $1,000.00, Joan M. Worthington has no individual assets. 6. The alleged incapacitated person served with the United States Air Force, but is not receiving benefits from the United States Veteran's Administration. 7. The alleged incapacitated person suffers from Dementia, manifested by memory loss, confusion, and other physical disabilities, including inability to properly care for herself or her fmances. 8. Because of Joan M. Worthington's mental condition, the alleged incapacitated person is unable to manage her financial affairs, property, or business and is unable to make and communicate responsible decisions relating thereto, including an inability to communicate her need for assistance in these azeas. Moreover, the incapacitated person does not have the capacity or physical 2 ability to pay bills, maintain and convey real property, or manage her entitlement or benefits. 9. The following alternative to the appointment of a guardian of the estate has been considered: Power of Attorney, naming Petitioner as agent, but this alternative is ineffective for the following reason: alle eg d incapacitated person lacks capacity to sisn a document assigning and desienating authorit t~ anent. 10. Because of her impaired mental and physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning her person and is unable to keep herself properly nourished, hydrated and cleansed, seek needed medical services, or other such necessary responsibilities. 11. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a guardian of her person and estate be appointed to manage and handle aspects of the alleged incapacitated person's estate, specifically including: her cash, checks, and any bank or savings account held in her name, her abilit~to manage, purchase, sell and convey her interests in real property, her life and other insurance of which she is a beneficiary, her entitlement to any governmental and non-governmental benefit plans, federal, state, and local taxes, claims made or to be made on behalf of her or asalnst her, the execution of documents, entryinto contracts affectinlZ her and the payment of reasonable compensation of costs to provide services for her. 12. Petitioner is not aware that the alleged incapacitated person signed any Power of Attorney or in any other way designated anyone to serve as her agent over any of her personal or financial affairs. 13. The proposed guardian of the person and estate of the alleged incapacitated person is Royice Worthington, husband of the alleged incapacitated person, who resides at 729 Meadow Drive, Camp Hill, PA 17011. 14. The proposed guardian of the person and estate is 72 years of age, retired, and is physically and mentally able to handle the affairs of his wife Joan M. Worthington. 15. The proposed guardian of the person and estate has no interest adverse to the alleged incapacitated person. 16. The executed consent of the proposed guardian of the person and estate is attached as Exhibit "A". 17. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 18. No other guardian has been appointed for the person and estate of the alleged incapacitated person. 4 WHEREFORE, Petitioner respectfully requests that this court issue the attached citation directed to Joan M. Worthington, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why Joan M. Worthington should not be adjudged an incapacitated person and Royce Worthington appointed guazdian of her estate. ;6shda Wilkins M k W. Allshouse, $sq. Certified Legal Intern S ervising Attorney{ Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Cazlisle, PA 17013 (717) 240-5152 Supreme Court Number 78014 5 Matter of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOAN M. WORTHINGTON Alleged incapacitated person ORPHANS COURT DIVISION - GUARDIANSHIP CONSENT OF PROPOSED GUARDIAN I, Royce Worthington, as proposed guazdian of the estate and of the person of Joan M. Worthington, hereby consent to being named guazdian of the estate and of the person and certify that the following items are true and correct: 1. I reside at 729 Meadow Drive, Camp Hill, PA 17011; 2. I am currently retired, and am currently the full-time caregiver for Joan M. Worthington, the alleged incapacitated person; 3. I speak, read, and write the English language; 4. I do not have any interest adverse to Joan M. Worthington, the alleged incapacitated person; 5. I am not a fiduciary, or an officer or employee of a corporate fiduciary, or an estate in which Joan M. Worthington, the alleged incapacitated person, has an interest; not the surety, or an officer or employee of a corporate surety of such a fiduciary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~` ~ /D Date 2 Matter of IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOAN M. WORTHINGTON Alleged incapacitated person ORPHANS COURT DIVISION - GUARDIANSHIP Certificate of Service I, Joshua Wilkins, Certified Legal Intern, certify that a true and correct copy of the foregoing Petition has been served via 1St class U.S. Mail on June 8, 2010, postage pre-paid to: Joan M. Worthington 729 Meadow Drive Camp Hill, PA 17011 Margaret Lumpkin 1111 Coe Drive San Antonio, TX 78251 Michael R. Worthington 104 West Main Street Blain, PA 17066 Matthew R. Worthington 4932 Hamilton Drive Harrisburg, PA 17109 Victoria Lumpkin 3335 Knoll Lane #263 Colorado Springs, CO 80917 David Lumpkin Angelo Station 9145 San Angelo, TX 78251 By: Date: ~ ~ U _ z ~~D Joshua Wilkins, Certi ied Legal Intern Dickinson School of Law, Elder Law and Consumer Protection Clinic 45 North Pitt Street, Carlisle, PA 17013