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HomeMy WebLinkAbout02-22-11i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. X611 ~ Qa~3 °l ESTATE OF DOROTHY E. WERNER, AN ALLEGED INCAPACITATED PERSON n -o ~~ 9 ~~~ r_7 ~~~ C7 PETITION UNDER §5511 OF THE PROBATE, ~ ~+ ESTATES AND FIDUCIARIES CODE TO ADJUDGE DOROTHY E. WERNER TO BE TOTALLY INCAPACITATED AND APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON TO THE HONORABLE JUDGES OF SAID COURT: HCR ManorCare Camp Hill ("Petitioner") respectfully represents that: n ~a Ste'., ~,: 1~ ~~;-+ N 'gin ~i Gn Petitioner is a skilled nursing facility wherein resides Dorothy Werner, an alleged incapacitated person. 2. Dorothy Werner was born on November 30, 1920 and is currently 90 years of age. 3. Dorothy Werner resides in a private nursing facility in Cumberland County, whose address is: HCR ManorCare Camp Hill 1700 Market Street Camp Hill, PA 17011 4. Because Dorothy Werner resides in Cumberland County, this Court has jurisdiction pursuant to § 711 (10) of the Probate, Estates and Fiduciary Code and § 5512(a). 5. Petitioner is unaware of any living relatives of Dorothy Werner. 6. To the extent that your Petitioner has knowledge thereof, Dorothy Werner owns no assets of significant value. 7. Dorothy Werner receives a monthly income stream consisting of Social Security in the amount of $377.40 and a pension in the amount of $1,704.00. f N 8. To Petitioner's knowledge, Dorothy Werner 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. Dorothy Werner receives Medical Assistance benefits to help pay for the cost of her skilled nursing care at HCR ManorCare Camp Hill. 10. Dorothy Werner's sister, Ethel Baker, was appointed by Dorothy Werner to act as her agent under power of attorney to assist with her financial and medical affairs; however, Ethel Baker passed away on November 30, 2010. 11. To Petitioner's knowledge, a guardian has not been appointed to act on Dorothy Werner's behalf. 12. Dorothy Werner's treating physician is: Dr. Namrata Haldipur 3456 Trindle Road Camp Hill, PA 17011 13. Dr. Haldipur diagnosed Dorothy Werner as suffering from dementia, a condition which causes incapacity and requires that she receive 24-hour-a-day care. 14. Because of the lack of a representative willing to act on Dorothy Werner's behalf, and due to the onset of Dorothy Werner's dementia, there may be no less restrictive alternatives to the appointment of a Guardian of the estate and person of Dorothy Werner. 15. Because of Dorothy Werner'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. l6. Because of Dorothy Werner'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. 17. Because of the severity of Dorothy Werner's dementia, the assistance of other persons or services would not enable Dorothy Werner to participate in the making of any decisions concerning her estate or person. 18. The severity of Dorothy Werner'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. 19. The severity of Dorothy Werner's dementia mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of Dorothy Werner, specifically including but not limited to: her living arrangements, her medical and psychiatric care, the administration of medication to her and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists, and other professionals for her physical and mental treatment and care. 20. The proposed guardian of the person and estate of Dorothy Werner is: Good News Consulting, Inc. 140 Roosevelt Avenue Suite 206 York, PA 17401 Phone: (717) 843-1504 2l . The proposed guardian, Good News Consulting, Inc., does not have any adverse interests to the person or estate of Dorothy Werner, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 22. Good News Consulting, Inc. has been suggested as guardian of the person and estate of Dorothy Werner because they have extensive experience in handling such matters. 23. Dorothy Werner executed an advance health care directive on July 17, 2002, which is attached hereto as Exhibit B. 24. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Dorothy Werner. 25. Due to the limited resources of Dorothy Werner, Petitioner requests that court- appointed counsel for Dorothy Werner be paid by Cumberland County. WHEREFORE, Petitioner prays that a Citation be issued directed to Dorothy Werner 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 Dorothy Werner. Date: ~ ~$ // gy; Respectfully Submitted, I.D. No.: ')~enjamin 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 ManorCare Camp Hill Werner, Dorothy VE~FICAT10lV 1`he undersigned hereby verifies the statements of fact in the foregoing document are true and correct to the best of his or her lamowledge, information and belief. He or she understands any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relatiz-g to unsworn falsification to authorities. Dated: y / printed Name: Joseph Barrfck Printed Job Title: Ad~.inistrator HCR ManorCare Camp Dill Z0/Z0 39t7d t1IQt~~'Id ~~IHdWV~ LSELSELLiL EE~tL ttOZ/9Z/Z0 werc-er, Dorothy 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 Dorothy Werner, an alleged incapacitated person, if the Court shall so appoint. Further, Good News Consulting, Inc. hereby certifies fey aze not a fiduciary of any estate in which Dorothy Werner has an interest nor do they have any other interest currently adverse to Dorothy Werner's person or estate. Dated: ~ ~ ~ ~ ~ ~ ~.5~ ~'/YX' ~- Signature ~ ' ~ Print: Tna ~ . N~ SS Title: \ ~ ~ 6 ~ G` ~~~ ~ 0 ~ S Good News Consulting, Inc. I~~C[-A-3aT~Otd ~Q1~1~1=talNfNG ~i~V~A~ICE QtRfCT11f,~ FQi~: H~At.`F :CaRic~ ' I, DORQTHY E:: WI`RNER; of 780 Cumberland Avenue, Ap~rtrnent t/-4; `` Chamt~ersburg, Frankiirt aunty, P~rat~sytvansa~ being. t~f sv~fnd rriind, wilifuily and vot~ttarily~~ke ~s ~cJh~a#ior- v~hieh~is-to be foltvu~d,if t bBCarn~ incap~citatect. . ~'h(s deda~atioh ~~s my'ftrm and settle~`eocnmitFnent tp refuses hfe-sustaining ;,, , .; .. ,' #reatmerft under tie ~r~+istarn4~: ~n~catPet below, R ~ , :. 1, ~t~rect, Fewest: artd ~µt4~'~IUe mY att~nei~rl~ ,physician tQ wilhlmid or wrrtlfdraw ;. bfe-SUStaFf-irog tr~atrrrent fat Seryes only tv;~ralong' fhe pi~cess df rriy dying, >f I ; .: .. shpuld::be:irt.a.te~t>triai- c~cihd~~ or i~ a sta>;,e ©f petiet~t uric~n~ciousrtess, as " d,agnoSed in :a~coixfasc~s iniiCh curr~eiitly gc~cep~ed rnedtcat=starida~ds and: With reesoriatrtd medfcai' eejctsirfty, ` .. l direct that treatrrienx;fe (irrfite...~ to :rrteasures to keep rne.. comfortable and'to ' relieve. pajn, ridud"iiig any pain that'rr~i~h# occur by withhokiirig' or:witi~drauvrng iifa- ' sustairiiog treatment :. . an aiiditioh~ tf Earn in the canc#itian ~esCnbe~l;.above; 1 feefespeciailystrongly' about tkie follovvmg fori?rts csftreatrrt~nt: - 1 O do.`(,yrio: nQt want cardiac resuscitation; I (.) do (.~dcr not event mechanir.~l respiration: I () do:; (~'do.•nQt w-ai~t.tube feeding o~ arty +:sther artificial or invasive form of nutrition (food] air hydrattvn {~rater:7.. 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