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HomeMy WebLinkAbout02-22-11~F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. ~ 6// - ~.~ B~ ESTATE OF IRENE S. WELSH, AN ALLEGED INCAPACITATED PERSON A~yrn TAX ooh PETITION UNDER §5511 OF THE PROBATE, ~" ESTATES AND FIDUCIARIES CODE TO ADJUDGE IRENE S. WELSH TO BE TOTALLY INCAPACITATED AND APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON TO THE HONORABLE JUDGES OF SAID COURT: HCR ManorCaze Carlisle ("Petitioner") respectfully represents that: ~.? -~-r tW rV -cs N .~- ,~~ Petitioner is a skilled nursing facility wherein resides Irene Welsh, an alleged incapacitated person. 2. Irene Welsh was born on September 16, 1924 and is currently 86 years of age. 3. Irene Welsh resides in a private nursing facility in Cumberland County, whose address is: HCR ManorCaze Cazlisle 940 Walnut Bottom Road Carlisle, PA 17015 4. Because Irene Welsh resides in Cumberland County, this Court has jurisdiction pursuant to § 711 (10) of the Probate, Estates and Fiduciary Code and § 5512(a). 5. To the extent of Petitioner's knowledge, Irene Welsh has the following living relative: Name: Address: Christine Wolfe Unknown Relati- Niece rn ~:> c_~ ~~, ~ _, 1,.~7 r:-r i f ~ -;: ! r_7 ~_~ _; ;:-, =„ n~ 6. To the extent that your Petitioner has knowledge thereof, Irene Welsh owns no assets of significant value. 7. Irene Welsh receives a monthly income stream consisting of Social Security in the amount of $429.40 and a pension in the amount of $1,473.00. 8. To Petitioner's knowledge, Irene Welsh was not a member of the Armed Services of the United States and therefore is not receiving any benefits from the United States Veterans' Administration. 9. Irene Welsh receives Medical Assistance benefits to help pay for the cost of her skilled nursing care at HCR ManorCare Carlisle. 10. Irene Welsh's husband, Dorn Welsh, was appointed by Irene Welsh to act as her agent under power of attorney to assist with her financial and medical affairs; however, Dorn Welsh passed away in December 2010. 11. To Petitioner's knowledge, Irene Welsh did not appoint a successor agent who would have authority to act in the event Dorn Welsh is unable to do so. 12. To Petitioner's knowledge, a guardian has not been appointed to act on Irene Welsh's behalf. 13. Irene Welsh's treating physician is: Dr. Darryl Guistwite, D.O. 56 Ashton Street Carlisle, PA 17015 14. Dr. Guistwite diagnosed Irene Welsh as suffering from dementia, a condition which causes incapacity and requires that she receive 24-hour-a-day care. 15. Because of the lack of a representative willing to act on Irene Welsh's behalf, and due to the onset of Irene Welsh's dementia, there may be no less restrictive alternatives to the appointment of a Guardian of the estate and person of Irene Welsh. 16. Because of Irene Welsh's dementia, she is totally unable to manage or even appreciate the significance of her financial affairs, property and business and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in these areas. 17. Because of Irene Welsh's dementia, she lacks the capacity to make or communicate any responsible decisions concerning her person and is unable to attend to her personal hygiene or to keep herself properly nourished and hydrated or communicate to others her need for assistance in these areas. 18. Because of the severity of Irene Welsh's dementia, the assistance of other persons or services would not enable Irene Welsh to participate in the making of any decisions concerning her estate or person. 19. The severity of Irene Welsh's dementia requires that a plenary guardian be appointed to manage her estate. Said guardian should be appointed to manage and handle all aspects of her estate, specifically including, but not limited to: all issues relating to her cash, checks in any bank or savings account held in her name, her stocks and bonds, her personal property, her real estate, her life and other insurance of which she is a beneficiary, her entitlement to any government or non-government benefit plans, federal, state, local taxes, trust accounts of which she is the beneficiary, claims made or to be made on her behalf or against her, the execution of documents, the entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 20. The severity of Irene Welsh's dementia mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of Irene Welsh, specifically including but not limited to: her living arrangements, her medical and psychiatric care, the administration of medication to her and the employment and dischazge of physicians, psychiatrists, dentists, nurses, therapists, and other professionals for her physical and mental treatment and care. 21. The proposed guazdian of the person and estate of Irene Welsh is: Good News Consulting, Inc. 140 Roosevelt Avenue Suite 206 York, PA 17401 Phone: (717) 843-1504 22. The proposed guazdian, Good News Consulting, Inc., does not have any adverse interests to the person or estate of Irene Welsh, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 23. Good News Consulting, Inc. has been suggested as guardian of the person and estate of Irene Welsh because they have extensive experience in handling such matters. 24. Petitioner is without knowledge of whether Irene Welsh executed an advance health Gaze directive. 25. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Irene Welsh. 26. Due to the limited resources of Irene Welsh, Petitioner requests that court- appointed counsel for Irene Welsh be paid by Cumberland County. WHEREFORE, Petitioner prays that a Citation be issued directed to Irene Welsh to show cause why she should not be judged a totally incapacitated person and Good News Consulting, Inc. be appointed permanent plenary guardian of her person and her estate, with notice by personal service to Irene Welsh. Date: a /? /l Respectfully Submitted, BY~ , Jo edy, Esq ' e A I.D. No.: 68 8 Benjamin J. Glatfelter, Esquire Attorney I.D. No.: 203935 KENNEDY PC LAW OFFICES P.O. Box 5100 Harrisburg, PA 17110-0100 (717)233-7100 Attorneys for HCR ManorCaze Carlisle zaa3-> > VERIFICATION The undersigned hereby verifies the statements of fact in the foregoing document are true and correct to the best of his or her knowledge, information and belief. He or she understands any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated:~~ - \ \ Signature Printed Name: ~~~-e r, (~~\o ~'~J Printed Job Title: (~.~~-~.:~~~~~c~- HCR ManorCaze Cazlisle 2193-11 CONSENT OF PROPOSED GUARDIAN Good News Consulting, Inc. does hereby certify they are willing to act as permanent plenary guardian of the person and estate of Irene Welsh, an alleged incapacitated person, if the Court shall so appoint. Further, Good News Consulting, Inc. hereby certifies they are not a fiduciary of anY emote in which Irene Welsh has an interest nor do they have any other interest currently adverse to Irene Welsh's person or estate. llated• G1 !~ signature ~C N C ~ !/ Print: ~i,-1(~. f h_ t? Qss Title: \ ~~ Good News Consulting, Inc.