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HomeMy WebLinkAbout08-13-10IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOIS SWANGER, :ORPHANS' COURT DIVISION An alleged incapacitated person PETITION FOR THE APPOIN"TMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. &5511 AND NOW COMES THE PETITIONER, the Cumberland County Aging & 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 Lois J. Swanger, age 72, who currently resides at Shippensburg. Health Care Center 121 V4'alnut Bottom Road, Shippensburg. Pennsylvania 17257 and has a residence located at 50 E. Main Street, Newville, Cumberland County, Pennsylvania. 3. The known relatives of the alleged incapacitated person are: ~,., ~ ; -~ a. Jody Lynn Swanger-Kelly -daughter < ~;~~-, ~ _ 123 Beetem Hollow Road ~~ ? ~" -; " Newville, PA 17241 ~ ~: ~ ~- :; . ~ .. , -- _.. - , ~i~i ~ ~ ~ ~.~ b. 3ulie Ann Swanger -daughter 238 W Ridge Street Carlisle, PA 17013 c. 3ennifer Susan Swanger -daughter 238 W Ridge Street Carlisle, PA 17013 d. John Swanger -son 50 E Main Street Newville, PA 17241 4. The Petitioner is not related to Lois J. Swanger. 5. The Petitioner's interest is that of a welfare agency concerned with her welfare and is familiar with her case. 6. Lois J. Swanger, has, for at least the last three (3) months, been incapable of managing and caring for herself and her financial affairs. 7. Lois J. Swanger exhibits symptoms of mental incapacity, including but not limited to moderate to severe dementia. 8. Lois J. Swanger's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 9. On or about August 3, 2010, the Petitioner received a report of need of Protective Services for Lois J. Swanger and, when visited by Petitioner's authorized representative, she was smiling and laughing and it was noted that she was forgetful in most areas of discussion. 10. On or about August 5, 2010, the Petitioner's authorized representative contacted Dr. Joseph Pion to discuss concerns relating to Lois J. Swanger and was advised that he was concerned about her ability to manage independently because she was at risk for self neglect and that she was also vulnerable to being exploited. 11. Petitioner requests that it be appointed Permanent Plenary Guardians of the Person and Estate of Lois J. Swanger. 12. The proposed Guardian has no interest which is adverse to the interest of Lois 3. Swanger. 13. Petitioner believes, and, therefore avers that Lois J. Swanger does not already have a Guardian. 14. Petitioner asserts that Lois J. Swanger is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 15. Because of her impaired mental and physical condition, Lois J. Swanger's ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that she is totally unable to meet essential requirements for her physical health and safety. 16. Because of her impaired mental and physical condition, Lois J. Swanger's ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that she is totally unable to manage her financial resources. 17. A power of attorney would be a less restrictive alternative than Guardianship but Lois J. Swanger currently does not have anattorney-in-fact and she lacks the capacity, at present, to appoint one. 18. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 19. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Lois J. Swanger. 20. The Petitioner believes, and therefore, avers that Lois 3. Swanger's income consists solely of $671.00 from Social Security. 21. Petitioner avers that Lois J. Swanger has sufficient assets which would enable her to pay for services rendered by the Guardians of her Person and Estate. 22. If appointed as Permanent Plenary Guardian of the Person and Estate of Lois J. Swanger, Petitioner would seek payment for its services pursuant to the Guardianship Fee Schedule which is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 23. At such time that Lois J. Swanger no longer has sufficient assets to pay for Guardianship services, then, and in such event, Petitioner would seek payment under the Medical Assistance Regulations. 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. 26. Petitioner believes and, therefore, avers that it is entitled to receive payment of a Guardianship fee as allowed by Medical Assistance regulations and that said fee be a deduction toward the cost of the care of Lois J. Swanger. WHEREFORE, the Petitioner respectfully requests that: 1. The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Lois J. Swanger; 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 Lois J. Swanger's gross monthly income or $100.00 per month, whichever is less, at such time, that Lois J. Swanger no longer has sufficient assets to pay for Guardianship services and would qualify for Medical Assistance Respectfully Submitted, Date ,,c-U ~ ~ ~ , C~/a t,{~.~ ~` 1.~-~" Anthony L. uca, 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 Lois J. Swanger 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: 8 j~- °Zal ~ G~C~' -`~ en Sheriff AGING & COMMUNITY SERVICES 1100 CLAREMONT ROAD, CARLISLE, PA 17015 (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 PERSONS 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, EXHIBIT "~" EMAII. L'S A1' aging@ccpa.net OR VISIT OUR WEBSITE AT www.ccpa.net/aging routine medical and dental appointments, application for benefits such as but not limited to veterans benefits, funeral arrangements. MONTHLY GUARDIANSHIP FEE FOR GUARDIAN 4F 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 EXCESS RATE - $50/HOUR 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. 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 EXCESS RATE - $50/HOUR 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.